Rule2024-09308
Air Plan Approval; Nevada; Clark County Department of Environment and Sustainability; Nonattainment New Source Review; 2015 Ozone Standard
Primary source
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Published
May 6, 2024
Effective
June 5, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a state implementation plan (SIP) revision submitted by the State of Nevada addressing the nonattainment new source review (NNSR) requirements for the 2015 ozone National Ambient Air Quality Standards (NAAQS). This SIP revision addresses the Clark County Department of Environment and Sustainability ("Department") portion of the Nevada SIP. This action is being taken pursuant to the Clean Air Act (CAA or "Act") and its implementing regulations.
Full Text
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<title>Federal Register, Volume 89 Issue 88 (Monday, May 6, 2024)</title>
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[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Rules and Regulations]
[Pages 37137-37139]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09308]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0494; FRL-9931-02-R9]
Air Plan Approval; Nevada; Clark County Department of Environment
and Sustainability; Nonattainment New Source Review; 2015 Ozone
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a state implementation plan (SIP) revision submitted
by the State of Nevada addressing the nonattainment new source review
(NNSR) requirements for the 2015 ozone National Ambient Air Quality
Standards (NAAQS). This SIP revision addresses the Clark County
Department of Environment and Sustainability (``Department'') portion
of the Nevada SIP. This action is being taken pursuant to the Clean Air
Act (CAA or ``Act'') and its implementing regulations.
DATES: This rule is effective on June 5, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0494. 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 whose
disclosure 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 for additional availability information. 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
[[Page 37138]]
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: Amita Muralidharan, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4140 or by
email at <a href="/cdn-cgi/l/email-protection#ee839b9c8f82878a868f9c8f80c08f83879a8fae8b9e8fc0898198"><span class="__cf_email__" data-cfemail="c4a9b1b6a5a8ada0aca5b6a5aaeaa5a9adb0a584a1b4a5eaa3abb2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On February 2, 2024 (89 FR 7318), the EPA proposed to approve the
SIP revision listed in table 1 of this document, addressing the NNSR
requirements for the 2015 ozone NAAQS for the Department.
Table 1--Submitted Certification Letter
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Air pollution control agency Adoption date Submittal date \1\
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Clark County Department of Environment and Sustainability................. 7/20/2021 8/5/2021
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\1\ The submitted certification letter was dated August 3, 2021. The electronic submittal was received by EPA on
August 5, 2021.
We proposed approval of the submitted SIP revision because we
determined that the 2015 ozone certification submitted by the
Department fulfills the 40 CFR 51.1314 revision requirement and meets
the requirements of CAA sections 110, 172(c)(5), 173, 182(a)(2)(c),
193, and the minimum SIP requirements of 40 CFR 51.165. Our proposed
action contains more information on the SIP revision and our
evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment in support of this action.
The comment outlines the air quality improvements that will result from
finalizing this action. The EPA has considered this comment in its
final decision to approve the Department's SIP revision.
III. EPA Action
One favorable comment was received during the 30-day public comment
period. Therefore, as authorized in section 110(k)(3) of the Act, the
EPA is approving this certification into the Nevada SIP as proposed.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, 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. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on Tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 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.
The 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.'' The 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.''
The State 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.
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.
This action is subject to the Congressional Review Act, 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).
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 July 5, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for
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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
Environmental protection, Air pollution control, Incorporation by
Reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 22, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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. Amend Sec. 52.1470, in paragraph (e), by adding an entry to the
table for ``Revision to the Nevada State Implementation Plan for the
2015 Ozone NAAQS: Nonattainment Major NSR Requirements: Las Vegas
Valley Nonattainment Area'' after the entry for ``Revision to Nevada
2015 Eight-Hour Ozone Plan, Emissions Inventory Requirement for the Las
Vegas Valley Nonattainment Area, Clark County, NV (October 15, 2020)''
to read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable geographic State submittal
Name of SIP provision or nonattainment area date EPA approval date Explanation
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Air Quality Implementation Plan for the State of Nevada \1\
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* * * * * * *
Revision to the Nevada State Las Vegas Valley, Clark 8/5/2021 [INSERT FEDERAL This is an
Implementation Plan for the County. REGISTER approval of
2015 Ozone NAAQS: CITATION], 5/6/ Clark County's
Nonattainment Major NSR 2024. certification
Requirements: Las Vegas Valley that the
Nonattainment Area. existing
Nonattainment
New Source
Review program
is at least as
stringent as the
requirements of
40 CFR 51.165
for the 2015
ozone NAAQS.
* * * * * * *
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* * * * * * *
\1\ The organization of this table generally follows from the organization of the State of Nevada's original
1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
52.1470(c).
* * * * *
[FR Doc. 2024-09308 Filed 5-3-24; 8:45 am]
BILLING CODE 6560-50-P
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