Rule2023-12490
Air Plan Actions; Nevada; Clark County-Department of Environment and Sustainability; Stationary Source Permits
Primary source
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Published
June 14, 2023
Effective
July 14, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing an approval, a partial approval and partial disapproval, and a limited approval and limited disapproval of certain revisions to the Clark County portion of the Nevada State Implementation Plan (SIP). These revisions primarily concern the Clark County Department of Environment and Sustainability's ("DES" or "Department") general definitions rule and New Source Review (NSR) permitting program for new and modified sources of air pollution under the Clean Air Act (CAA or "Act").
Full Text
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<title>Federal Register, Volume 88 Issue 114 (Wednesday, June 14, 2023)</title>
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[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Rules and Regulations]
[Pages 38754-38757]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12490]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0239; FRL-10597-02-R9]
Air Plan Actions; Nevada; Clark County--Department of Environment
and Sustainability; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing an
approval, a partial approval and partial disapproval, and a limited
approval and limited disapproval of certain revisions to the Clark
County portion of the Nevada State Implementation Plan (SIP). These
revisions primarily concern the Clark County Department of Environment
and Sustainability's (``DES'' or ``Department'') general definitions
rule and New Source Review (NSR) permitting program for new and
modified sources of air pollution under the Clean Air Act (CAA or
``Act'').
DATES: This rule is effective on July 14, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0239. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section. If you need assistance in a language other than English or if
you are a person with disabilities who needs a reasonable accommodation
at no cost to you, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, Air-3-
2, 75 Hawthorne St., San Francisco, CA 94105, (415) 972-3534,
<a href="/cdn-cgi/l/email-protection#83fae2edede2faecedadefe2f6f1e2c3e6f3e2ade4ecf5"><span class="__cf_email__" data-cfemail="bbc2dad5d5dac2d4d595d7dacec9dafbdecbda95dcd4cd">[email protected]</span></a>.
[[Page 38755]]
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 2, 2023, the EPA proposed an approval, a partial
approval and partial disapproval, and a limited approval and limited
disapproval of four rules listed in Table 1 into the Clark County
portion of the Nevada State Implementation Plan (SIP), and proposed to
rescind from the Nevada SIP one rule listed in Table 1, as discussed
below.\1\
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\1\ 88 FR 7046. Table 1 lists the submitted rules addressed by
this action, including the dates on which they were adopted by the
Clark County Board of County Commissioners, and the dates on which
they were submitted by the Nevada Division of Environmental
Protection to the EPA.
Table 1--Submitted Rules
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Cover letter
Section Section title Adopted date Submittal date
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0.................................. Definitions................ 7/20/21 1/31/22 1/31/22
10................................. Compliance Schedules 12/18/18 6/6/19 6/10/19
(Request to rescind).
12.0............................... Applicability and General 1/21/20 3/13/20 3/16/20
Requirements.
12.1............................... Permit Requirements for 12/18/18 4/12/19 4/12/19
Minor Sources.
12.11.............................. General Permits for Minor 12/18/18 4/12/19 4/12/19
Stationary Sources.
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The submitted rules are intended to update the Nevada SIP with
recent revisions to the Department's Air Quality Regulations. See our
notice of proposed rulemaking and Technical Support Document (TSD) for
additional information about the submitted rules and our evaluation of
them.
In our proposed action, we proposed partial approval and partial
disapproval of Section 0, because the revisions to the rule were
approvable, except that the submitted rule removed a definition for
``Clearing and Grubbing'', a term still used in the SIP. Therefore, we
proposed to retain in the SIP the definition of ``Clearing and
Grubbing'' from the current SIP-approved version of Section 0. We also
proposed approval of the request to rescind Section 10 from the SIP,
because the rule has been repealed locally and is no longer relevant.
In addition, we proposed full approval of Section 12.0 because we
determined that the revisions to the rule satisfy the applicable
statutory and regulatory provisions governing regulation of stationary
sources under CAA section 110(a)(2)(C).
We also proposed a limited approval and limited disapproval of
Sections 12.1 and 12.11, because we determined that these rules mostly
satisfy the applicable statutory and regulatory provisions governing
regulation of stationary sources under CAA section 110(a)(2)(A) and
(C), but they do not satisfy all of these requirements. Specifically,
we identified the following six deficiencies. First and second, the
provisions in Sections 12.1.2(c)(7) and (8), which exempt ancillary
parts washers and degreasers that use only certified clean air solvents
from permitting requirements, are deficient because the term
``certified clean air solvents'' is not defined in any Section 12
series rule, which makes the provision unenforceable. Third, the
provision in Section 12.1.2(c)(10) allowing the Control Officer to deem
any other emission unit or activity to be insignificant on a case-by-
case basis with no specific criteria for making this determination is
deficient because it contains impermissible Director's discretion.
Fourth, the provision in Section 12.1.4.1(z) contains impermissible
Control Officer discretion to decide whether certain conditions should
be added to portable minor source permits. Fifth, Section 12.11
contains an unenforceable cross-reference relating to certain emissions
inventory report requirements, and sixth, Section 12.11 does not
satisfy the requirement in 40 CFR 51.160(f) that the screening model
used pursuant to Section 12.11.1(f) be based on the applicable models,
databases, and other requirements specified in 40 CFR part 51, appendix
W.
II. Public Comments
The EPA's proposed action provided a 30-day public comment period.
During this period, no comments were submitted regarding our proposal.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) and 301(a) of the Act, the EPA is finalizing our
action as proposed. Specifically, the EPA is finalizing an approval of
the request to rescind Section 10 from the SIP, an approval of Section
12.0, a partial approval and partial disapproval of Section 0, and a
limited approval and limited disapproval of Sections 12.1 and 12.11.
This action incorporates the submitted rules (except Section 10) into
the Clark County portion of the Nevada State Implementation Plan (SIP),
including those provisions identified as deficient.
A portion of this approval is limited because EPA is simultaneously
finalizing a limited disapproval of Sections 12.1 and 12.11 under
section 110(k)(3). Our limited disapproval action triggers an
obligation for the EPA to promulgate a Federal Implementation Plan
(FIP) unless the State corrects the deficiencies, and the EPA approves
the related plan revisions, within two years of this final action. The
EPA intends to work with the Department to correct the deficiencies in
a timely manner.
Note that Sections 12.1 and 12.11 have been adopted by the
Department, and the EPA's final limited disapproval does not prevent
the local agency from enforcing these rules. The limited disapproval
would also not prevent any portion of the rule from being incorporated
by reference into the federally enforceable SIP, as discussed in a July
9, 1992 EPA memo found at: <a href="https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf">https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf</a>.
We note for clarity that, with this final action, the version of
Section 0 listed in Table 1 will be approved into the SIP, and a
separate entry for the definition of ``Clearing and Grubbing'' from the
current SIP-approved version of Section 0, approved into the SIP on
October 17, 2014, will be retained in the SIP. Therefore, our partial
disapproval action for Section 0 will require no further action from
the Department to remedy the identified deficiency. More generally, the
incorporation of the submitted version of Section 0 into the SIP will
replace the older version of
[[Page 38756]]
Section 0 that had been in the SIP, except for the definition of
``Clearing and Grubbing''; that older version of Section 0 is being
removed from the SIP (except for the specified definition). In
addition, our approval of certain definitions in the submitted version
of Section 0 will replace in the SIP the older versions of those same
definitions that are currently included in SIP-approved Section 1;
these older versions of the definitions are being removed from the SIP.
Similarly, with our approval into the SIP of the versions of Sections
12.0 and 12.1 listed in Table 1, this action removes the older versions
of these rules that had been in the SIP. Our proposed rule and TSD
provide more information in this regard.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is incorporating by reference the following Clark County
DES rules: Sections 0, 12.0, 12.1 and 12.11, as described in Table 1 of
this notice concerning definitions and New Source Review permit program
requirements. The EPA has made, and will continue to make, these
materials available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA
Region IX Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this notice for more
information).
Also in this document, as described in the amendments to 40 CFR
part 52 set forth below, the EPA is removing provisions from the EPA-
approved rules for the Clark County portion of the Nevada SIP, which is
incorporated by reference in accordance with the requirements of 1 CFR
part 51.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to review state choices,
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this final action addresses whether the relevant state
rule submittals meet federal requirements and does not impose
additional requirements beyond those imposed by state law.
[[Page 38757]]
Clark County DES did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. The EPA did not perform an EJ analysis and did not consider
EJ in this action. Due to the nature of the action being taken here,
this action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of Executive Order 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
M. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 14, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Administrative practice and procedure, Environmental protection,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 6, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart DD--Nevada
0
2. In Sec. 52.1470, paragraph (c), table 3 is amended by:
0
a. Removing the entry for ``Section 0'' and adding two new entries for
``Section 0'' in its place;
0
b. Removing the entries for ``Section 1 (``Definitions''): Subsection
1.1'', ``Section 1 (``Definitions''): Subsection 1.26'', ``Section 1
(``Definitions''): Subsection 1.29'', ``Section 1 (``Definitions''):
Subsection 1.36'', ``Section 1 (``Definitions''): Subsection 1.51'',
``Section 1 (``Definitions''): Subsection 1.57'', ``Section 1
(``Definitions''): Subsection 1.95'' and ``Section 10''.
0
c. Revising the entries for ``Section 12.0'' and ``Section 12.1''; and
0
d. Adding an entry for ``Section 12.11'' after the entry for ``Section
12.9.1''.
The additions and revisions read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
Table 3--EPA-Approved Clark County Regulations
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County
County citation Title/subject effective EPA approval date Additional
date explanation
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Section 0........................ Definitions......... 8/3/21 [Insert Federal Submitted
Register citation], electronically on
6/14/23. January 31, 2022,
as an attachment to
a letter dated
January 31, 2022.
Section 0........................ Definitions 4/1/14 79 FR 62351, 10/17/ Amended by Clark
(``Clearing and 14. County Board of
Grubbing'' only). County
Commissioners on
March 18, 2014
through Ordinance
No. 4189. Submitted
by NDEP on 4/1/14.
* * * * * * *
Section 12.0..................... Applicability and 2/4/20 [Insert Federal Submitted
General Register citation], electronically on
Requirements. 6/14/23. March 16, 2020, as
an attachment to a
letter dated March
13, 2020.
Section 12.1..................... Permit Requirements 1/1/19 [Insert Federal Submitted
for Minor Sources. Register citation], electronically on
6/14/23. April 12, 2019, as
an attachment to a
letter dated April
12, 2019.
* * * * * * *
Section 12.11.................... General Permits for 1/1/19 [Insert Federal Submitted
Minor Stationary Register citation], electronically on
Sources. 6/14/23. April 12, 2019, as
an attachment to a
letter dated April
12, 2019.
* * * * * * *
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[FR Doc. 2023-12490 Filed 6-13-23; 8:45 am]
BILLING CODE 6560-50-P
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