Rule2024-29061
Finding of Failure To Attain and Reclassification of Las Vegas Area as Serious for the 2015 Ozone National Ambient Air Quality Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 19, 2024
Effective
January 21, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is determining that the Las Vegas, Nevada area failed to attain the 2015 ozone national ambient air quality standards (NAAQS or "standards") by the applicable attainment date. The effect of failing to attain by the applicable attainment date is that the area will be reclassified by operation of law from "Moderate" to "Serious" nonattainment for the 2015 ozone NAAQS on January 21, 2025, the effective date of this final rule. This action fulfills the EPA's obligation under the Clean Air Act (CAA) to determine whether the Las Vegas, Nevada ozone nonattainment area attained the NAAQS by the attainment date and to publish a document in the Federal Register identifying the area as having failed to attain and identifying the reclassification.
Full Text
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<title>Federal Register, Volume 89 Issue 244 (Thursday, December 19, 2024)</title>
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[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Rules and Regulations]
[Pages 103657-103662]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29061]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2024-0553; FRL-12419-01-R9]
Finding of Failure To Attain and Reclassification of Las Vegas
Area as Serious for the 2015 Ozone National Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final determination.
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SUMMARY: The Environmental Protection Agency (EPA) is determining that
the Las Vegas, Nevada area failed to attain the 2015 ozone national
ambient air quality standards (NAAQS or ``standards'') by the
applicable attainment date. The effect of failing to attain by the
applicable attainment date is that the area will be reclassified by
operation of law from ``Moderate'' to ``Serious'' nonattainment for the
2015 ozone NAAQS on January 21, 2025, the effective date of this final
rule. This action fulfills the EPA's obligation under the Clean Air Act
(CAA) to determine whether the Las Vegas, Nevada ozone nonattainment
area attained the NAAQS by the attainment date and to publish a
document in the Federal Register identifying the area as having failed
to attain and identifying the reclassification.
DATES: This final rule is effective on January 21, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2024-0553. 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 a
disability 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: Lindsay Wickersham, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4192, or by
email at <a href="/cdn-cgi/l/email-protection#6d1a040e06081f1e050c0043010403091e0c142d081d0c430a021b"><span class="__cf_email__" data-cfemail="daadb3b9b1bfa8a9b2bbb7f4b6b3b4bea9bba39abfaabbf4bdb5ac">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview of Action
II. What is the background for this action?
III. What is the statutory authority for this action?
IV. How does the EPA determine whether an area has attained the
standards?
V. What is the EPA's determination for the area?
VI. What action is the EPA taking?
VII. Statutory and Executive Order Reviews
I. Overview of Action
The EPA is required to determine whether areas designated
nonattainment for an ozone NAAQS attained the standards by the
applicable attainment date, and to take certain steps for areas that
failed to attain (see CAA section 181(b)(2)). The EPA's determination
of attainment for the 2015 ozone NAAQS is based on a nonattainment
area's design value (DV) as of the attainment date.\1\
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\1\ A DV is a statistic used to compare data collected at an
ambient air quality monitoring site to the applicable NAAQS to
determine compliance with the standard. The data handling
conventions for calculating DVs for the 2015 ozone NAAQS are
specified in appendix U to 40 CFR part 50. The DV for the 2015 ozone
NAAQS is the 3-year average of the annual fourth highest daily
maximum 8-hour average ozone concentration. The DV is calculated for
each air quality monitor in an area, and the DV for an area is the
highest DV among the individual monitoring sites located in the
area.
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The 2015 ozone NAAQS is met at an EPA regulatory monitoring site
when the DV does not exceed 0.070 parts per million (ppm). For the
Moderate nonattainment areas for the 2015 ozone NAAQS addressed in this
action, the attainment date was August 3, 2024. Because the DV is based
on the three most recent, complete calendar years of data, attainment
must occur no later than December 31 of the year prior to the
attainment date (i.e., December 31, 2023, in the case of Moderate
nonattainment areas for the 2015 ozone NAAQS). As such, the EPA's
determinations for each area are based upon the complete, quality-
assured, and certified ozone monitoring data from calendar years 2021,
2022, and 2023.
This action addresses one area in Nevada that was classified as
Moderate for the 2015 ozone NAAQS as of the
[[Page 103658]]
Moderate area attainment date of August 3, 2024. The EPA is addressing
the remaining areas in other states in separate actions. Table 1
provides the DV and the EPA's air quality-based determination for the
Moderate area addressed in this action.
Table 1--Summary of Nonattainment Area in Nevada Classified as Moderate
for the 2015 Ozone NAAQS
------------------------------------------------------------------------
2021-2023 DV Attainment by the
Nonattainment area (ppm) attainment date
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Las Vegas, NV..................... 0.074 Failed to attain.
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Source: AMP480_LasVegas_DesignValueReport_2021_2023.
The EPA is finding that the Moderate area listed in Table 1 did not
attain by its attainment dates because their 2021-2023 DVs are greater
than 0.070 ppm. If the EPA determines that a nonattainment area
classified as Moderate failed to attain by the attainment date, CAA
section 181(b)(2)(B) requires the EPA to publish a notice in the
Federal Register, no later than 6 months following the attainment date,
identifying each such area and identifying the applicable
reclassification.
Under CAA section 181(b)(2)(A), the effect of this determination is
that this area will be reclassified by operation of law as Serious on
the effective date of this final rule. The reclassified area will then
be subject to the Serious area requirement to attain the 2015 ozone
NAAQS as expeditiously as practicable, but not later than August 3,
2027.
Once reclassified as Serious, the relevant state must submit to the
EPA the SIP revisions for this area that satisfy the statutory and
regulatory requirements applicable to Serious areas established in CAA
section 182(c) and in the EPA's implementing regulations for the 2015
ozone NAAQS.\2\ The EPA is establishing deadlines for submitting SIP
revisions for this reclassified area in a separate action.\3\
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\2\ 83 FR 62998, ``Implementation of the 2015 National Ambient
Air Quality Standards for Ozone: Nonattainment Area State
Implementation Plan Requirements'' (December 6, 2018).
\3\ See proposed rule at 89 FR 80833 (October 4, 2024).
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II. What is the background for this action?
On October 26, 2015, the EPA issued its final action to revise the
NAAQS for ozone to establish new 8-hour standards.\4\ In that action,
the EPA promulgated identical tighter primary and secondary ozone
standards designed to protect public health and welfare that specified
an 8-hour ozone level of 0.070 ppm. Specifically, the standards require
that the 3-year average of the annual fourth highest daily maximum 8-
hour average ozone concentration may not exceed 0.070 ppm.
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\4\ 80 FR 65452.
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Effective on August 3, 2018, the EPA designated 52 areas throughout
the country as nonattainment for the 2015 ozone NAAQS.\5\ In a separate
action, the EPA assigned classification thresholds and attainment dates
based on the severity of an area's ozone problem, determined by the
area's DV.\6\ The EPA established the attainment date for ``Marginal,''
Moderate, and Serious nonattainment areas as three years, six years,
and nine years, respectively, from the effective date of the final
designations. Thus, the attainment date for Marginal nonattainment
areas for the 2015 ozone NAAQS was August 3, 2021, the attainment date
for Moderate areas was August 3, 2024, and the attainment date for
Serious areas is August 3, 2027. On January 3, 2023, the EPA determined
that the Las Vegas, NV area addressed in this action did not attain the
standards by the Marginal attainment date, reclassifying the area as
Moderate by operation of law.\7\
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\5\ 83 FR 25776 (June 4, 2018).
\6\ 83 FR 10376 (March 9, 2018).
\7\ 88 FR 775.
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III. What is the statutory authority for this action?
The statutory authority for these determinations is provided by the
CAA, as amended (42 U.S.C. 7401 et seq.). Relevant portions of the CAA
include, but are not necessarily limited to, sections 181 and 182.
CAA section 107(d) provides that when the EPA establishes or
revises a NAAQS, the agency must designate areas of the country as
nonattainment, attainment, or unclassifiable based on whether an area
is not meeting (or is contributing to air quality in a nearby area that
is not meeting) the NAAQS, meeting the NAAQS, or cannot be classified
as meeting or not meeting the NAAQS, respectively. Subpart 2 of part D
of title I of the CAA governs the classification, state planning, and
emissions control requirements for any areas designated as
nonattainment for a revised primary ozone NAAQS. In particular, CAA
section 181(a)(1) requires each area designated as nonattainment for a
revised ozone NAAQS to be classified at the same time as the area is
designated based on the extent of the ozone problem in the area (as
determined based on the area's DV). Classifications for ozone
nonattainment areas are ``Marginal,'' ``Moderate,'' ``Serious,''
``Severe,'' and ``Extreme,'' in order of stringency. CAA section 182
provides the specific attainment planning and additional requirements
that apply to each ozone nonattainment area based on its
classification.
Section 181(b)(2)(A) of the CAA requires that within six months
following the applicable attainment date, the EPA shall determine
whether an ozone nonattainment area attained the ozone standard based
on the area's DV as of that date. Under CAA section 181(a)(5) as
interpreted by the EPA in 40 CFR 51.1307, upon application by any
state, the EPA may grant a 1-year extension to the attainment date when
certain criteria are met. One criterion for a first attainment date
extension is that an area's fourth highest daily maximum 8-hour value
for the attainment year must not exceed the level of the standard.
In the event an area fails to attain the ozone NAAQS by the
applicable attainment date and is not granted a 1-year attainment date
extension, CAA section 181(b)(2)(A) requires the EPA to make the
determination that an ozone nonattainment area failed to attain the
ozone standard by the applicable attainment date, and requires the area
to be reclassified by operation of law to the higher of: (1) The next
higher classification for the area, or (2) the classification
applicable to the area's DV as of the determination of failure to
attain.\8\ Section 181(b)(2)(B) of the CAA requires the EPA to publish
the determination of failure to attain and accompanying
reclassification in the Federal Register no later than six months after
the attainment date, which,
[[Page 103659]]
in the case of the Moderate nonattainment area considered in this
determination, is February 3, 2025.
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\8\ Las Vegas, Nevada will be classified to the next higher
classification, Serious because it does not have a DV that would
otherwise place it in a higher classification.
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Once an area is reclassified, each state that contains a
reclassified area is required to submit certain SIP revisions in
accordance with its more stringent classification. The SIP revisions
are intended to, among other things, demonstrate how the area will
attain the NAAQS as expeditiously as practicable, but no later than
August 3, 2027 (the Serious area attainment date for the 2015 ozone
NAAQS). Per CAA section 182(i), a state with a reclassified ozone
nonattainment area must submit the applicable attainment plan
requirements ``according to the schedules prescribed in connection with
such requirements'' in CAA section 182(c) for Serious areas, but the
EPA ``may adjust applicable deadlines (other than attainment dates) to
the extent such adjustment is necessary or appropriate to assure
consistency among the required submissions.'' The EPA is addressing the
SIP revision and implementation deadlines for newly reclassified
Serious areas, as well as the continued applicability of Moderate area
requirements that these areas may not yet have met, in a separate
rulemaking.\9\
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\9\ See proposed rule at 89 FR 80833.
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IV. How does the EPA determine whether an area has attained the
standards?
The level of the 2015 ozone NAAQS is 0.070 ppm.\10\ Under the EPA
regulations at 40 CFR part 50, appendix U, the 2015 ozone NAAQS is
attained at a site when the 3-year average of the annual fourth highest
daily maximum 8-hour average ambient ozone concentration (i.e., DV)
does not exceed 0.070 ppm. When the DV does not exceed 0.070 ppm at
each ambient air quality monitoring site within the area, the area is
deemed to be attaining the ozone NAAQS. Each area's DV is determined by
the highest DV among monitors with valid DVs.\11\ The data handling
convention in appendix U dictates that concentrations shall be reported
in ``ppm'' to the third decimal place, with additional digits to the
right being truncated. Thus, a computed 3-year average ozone
concentration of 0.071 ppm is greater than 0.070 ppm and would exceed
the standards, but a computed 3-year average ozone concentration of
0.0709 ppm is truncated to 0.070 ppm and attains the 2015 ozone NAAQS.
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\10\ See 40 CFR 50.19.
\11\ According to appendix U to 40 CFR part 50, ambient
monitoring sites with a DV of 0.070 ppm or less must meet minimum
data completeness requirements in order to be considered valid.
These requirements are met for a 3-year period at a site if daily
maximum 8-hour average ozone concentrations are available for at
least 90% of the days within the ozone monitoring season, on
average, for the 3-year period, with a minimum of at least 75% of
the days within the ozone monitoring season in any one year. Ozone
monitoring seasons are defined for each State in appendix D to 40
CFR part 58. DVs greater than 0.070 ppm are considered to be valid
regardless of the data completeness.
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The EPA's determination of attainment is based upon hourly ozone
concentration data for calendar years 2021, 2022, and 2023 that have
been collected and quality-assured in accordance with 40 CFR part 58
and reported to the EPA's Air Quality System (AQS) database.\12\
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\12\ The EPA maintains the AQS, a database that contains ambient
air pollution data collected by the EPA, state, local, and tribal
air pollution control agencies. The AQS also contains meteorological
data, descriptive information about each monitoring station
(including its geographic location and its operator) and data
quality assurance/quality control information. The AQS data is used
to (1) assess air quality, (2) assist in attainment/non-attainment
designations, (3) evaluate SIPs for non-attainment areas, (4)
perform modeling for permit review analysis, and (5) prepare reports
for Congress as mandated by the CAA. Access is through the website
at <a href="https://www.epa.gov/aqs">https://www.epa.gov/aqs</a>.
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State and local monitoring network plans are subject to approval by
the EPA on an annual basis, and any interim modifications to those
plans must also be approved by the EPA.\13\ The annual monitoring
network plan process is provided in 40 CFR 58.10 and the requirements
governing system modifications and monitor discontinuations are laid
out in 40 CFR 58.14. Where state or local agencies seek to modify the
ambient air quality monitoring networks by discontinuing a monitor
station, the EPA may approve such modifications subject to the criteria
established in 40 CFR 58.14(c). The EPA may not approve such
discontinuation if doing so would compromise data collection needed for
implementation of a NAAQS. If a monitor has been discontinued subject
to 40 CFR 58.14 such that the discontinuation results in insufficient
data to calculate a valid DV according to appendix U to 40 CFR part 50,
the EPA will determine the applicable area's attainment status based on
the remaining monitors in the area.
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\13\ Annual monitoring network plans for each state are
available at <a href="https://www.epa.gov/amtic/state-monitoring-agency-annual-air-monitoring-plans-and-network-assessments">https://www.epa.gov/amtic/state-monitoring-agency-annual-air-monitoring-plans-and-network-assessments</a>. The plans
relevant to this action Annual monitoring network plans for each
state are available at <a href="https://www.epa.gov/amtic/state-monitoring-agency-annual-air-monitoring-plans-and-network-assessments">https://www.epa.gov/amtic/state-monitoring-agency-annual-air-monitoring-plans-and-network-assessments</a>. The
plans relevant to this action and the EPA's letters approving those
plans are also available in the docket for this action.
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V. What is the EPA's determination for the area?
The EPA is determining that the Moderate nonattainment area
addressed in this action (Las Vegas, NV) failed to attain the 2015
ozone NAAQS by the attainment date of August 3, 2024. As shown in Table
1 of this notice, at least one monitor had a 2021-2023 DV greater than
0.070 ppm. The EPA has further determined that this area did not meet
the requirement under section 181(a)(5)(B) and 40 CFR 51.1307 necessary
to grant a 1-year extension of the attainment date because at least one
monitor in the Las Vegas area had a 2023 fourth highest daily maximum
8-hour average that was greater than 0.070 ppm. Table 2 of this notice
shows the annual fourth highest daily maximum 8-hour average ozone
concentration and 2021-2023 DV for each monitor in the Las Vegas area.
Table 2--2021-2023 Fourth Highest Daily Maximum 8-Hour Average Ozone Concentrations and Design Values at All Monitors in the Las Vegas, NV Area
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Fourth highest daily maximum 8-hour average
ozone concentration (ppm) 2021-2023 design
AQS site ID County State ------------------------------------------------ value (DV) (ppm)
2021 2022 2023
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32-003-0044......................... Clark.................. Nevada................ 0.075 0.073 0.074 0.074
32-003-2003......................... Clark.................. Nevada................ 0.074 0.073 0.071 0.072
32-003-0299......................... Clark.................. Nevada................ 0.074 0.072 0.069 0.071
32-003-0075......................... Clark.................. Nevada................ 0.075 0.070 0.072 0.072
32-003-0540......................... Clark.................. Nevada................ 0.070 0.068 0.066 0.068
32-003-0043......................... Clark.................. Nevada................ 0.074 0.074 0.071 0.073
[[Page 103660]]
32-003-0071......................... Clark.................. Nevada................ 0.075 0.070 0.072 0.072
32-003-0073......................... Clark.................. Nevada................ 0.076 0.070 0.071 0.072
32-003-0298......................... Clark.................. Nevada................ 0.072 0.067 0.071 0.070
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Source: AMP480_LasVegas_DesignValueReport_2021_2023.
VI. What action is the EPA taking?
Pursuant to CAA section 181(b)(2), the EPA is determining that the
Las Vegas, NV area failed to attain the 2015 ozone NAAQS by the
applicable attainment date of August 3, 2024. Therefore, upon the
effective date of this final action, the area will be reclassified, by
operation of law, to Serious for the 2015 ozone NAAQS. Once
reclassified as Serious, this area will be required to attain the
standards ``as expeditiously as practicable'' but no later than nine
years after the initial designation as nonattainment, which in this
case would be no later than August 3, 2027.
Section 553 of the APA, 5 U.S.C. 553(b)(B), provides that, when an
agency for good cause finds that notice and public procedures are
impracticable, unnecessary or contrary to the public interest, the
agency may issue a rule without providing notice and an opportunity for
public comment. The EPA has determined that there is good cause for
making this final agency action without prior proposal and opportunity
for comment because our action to determine whether this area has
attained the NAAQS by the attainment date is governed, per CAA section
181(b)(2)(A), solely by area design values as of that date. The area
design values relied upon in this notice are calculations based on the
certified air quality monitoring data governed by the EPA's regulations
and involve no judgment or discretion. Thus, notice and public
procedures are unnecessary to take this action. The EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(B).
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 14094: Modernizing Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Order 14094 (88 FR
21879, April 11, 2023).
B. Paperwork Reduction Act (PRA)
This rule does not impose an information collection burden under
the provisions of the PRA of 1995 (44 U.S.C. 3501 et seq.). This action
does not contain any information collection activities and serves only
to make a final determination that the Las Vegas, NV nonattainment area
failed to attain the 2015 ozone standards by the August 3, 2024
attainment date. This area will be reclassified as Serious
nonattainment for the 2015 ozone standards by operation of law upon the
effective date of the final reclassification action.
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 (5
U.S.C. 601 et seq.). This action will not impose any requirements on
small entities. The determination of failure to attain the 2015 ozone
standards (and resulting reclassifications), do not in and of
themselves create any new requirements beyond what is mandated by the
CAA. This final action would require the state to adopt and submit SIP
revisions to satisfy CAA requirements and would not itself directly
regulate any small entities.
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. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
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. The
division of responsibility between the Federal government and the
states for purposes of implementing the NAAQS is established under the
CAA.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000), requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by Tribal officials in the development of regulatory policies
that have Tribal implications.''
The EPA has identified a tribal area within the nonattainment area
covered by this proposed rule that would be potentially affected by
this rulemaking. Specifically, the Las Vegas Tribe of Paiute Indians of
the Las Vegas Indian Colony is located within the boundaries of the Las
Vegas nonattainment area. The EPA has concluded that this rule may have
tribal implications for this tribe for the purposes of Executive Order
13175, but it would not impose substantial direct costs upon the
tribes, nor would it preempt tribal law. A tribe that is part of an
area that is reclassified from Moderate to Serious nonattainment is not
required to submit a tribal implementation plan revision to address new
Serious area requirements. However, the nonattainment new source review
major source threshold and offset requirements would change for
stationary sources seeking preconstruction permits in any nonattainment
areas newly reclassified as Serious, including on tribal lands within
these nonattainment areas.
The EPA has communicated with the potentially affected tribe
located within the boundaries of the nonattainment area addressed in
this proposal, including offering government-to-government
consultation, as appropriate.\14\
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\14\ See letter dated July 23, 2024 from Matthew Lakin,
Director, Air and Radiation Division, EPA Region 9 to the Honorable
Benny Tso, Chairman, Las Vegas Tribe of Paiute Indians of the Las
Vegas Colony.
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[[Page 103661]]
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying 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
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. Therefore,
the EPA is not considering the use of any voluntary consensus
standards.
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,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements Executive Order 12898 and defines EJ as, among other
things, the just treatment and meaningful involvement of all people,
regardless of income, race, color, national origin, or Tribal
affiliation, or disability in agency decision-making and other Federal
activities that affect human health and the environment.''
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 goals of Executive Orders 12898 and 14096
of achieving environmental justice for communities with EJ concerns.
K. Congressional Review Act
This rule is exempt from the CRA because it is a rule of particular
applicability. The rule makes factual determinations for an identified
entity (the Las Vegas, Nevada area) based on facts and circumstances
specific to that entity. Determinations of attainment and failure to
attain the 2015 ozone NAAQS do not in themselves create any new
requirements beyond what is mandated by the CAA.
L. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 18, 2025. Filing a petition for
reconsideration by the Administrator of this action does not affect the
finality of this action 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 this 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 81
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: December 5, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX. Region IX.
For the reasons stated in the preamble, title 40 CFR part 81 is
amended as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.329 is amended in the table for ``Nevada--2015 8-Hour
Ozone NAAQS [Primary and Secondary]'' by revising the entry for ``Las
Vegas, NV: Clark County (part), NV'' to read as follows:
Sec. 81.329 Nevada.
* * * * *
Nevada--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Las Vegas, NV................... .............. Nonattainment......... 1/21/2025 Serious.
Clark County (part):
That portion of Clark
County that lies in
hydrographic area
212.\3\
Las Vegas Tribe of
Paiute Indians of the
Las Vegas Indian
Colony.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
\3\ Hydrographic areas are shown on the State of Nevada Division of Water Resources' map titled Water Resources
and Inter-basin Flows (September 1971).
[[Page 103662]]
* * * * *
[FR Doc. 2024-29061 Filed 12-18-24; 8:45 am]
BILLING CODE 6560-50-P
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