[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Rules and Regulations]
[Pages 60078-60081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23623]



[[Page 60078]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2013-0735; FRL-9917-23-Region 9]


Approval of Implementation Plans and Designation of Areas for Air 
Quality Planning Purposes; Las Vegas Valley, Nevada; Redesignation to 
Attainment for PM10

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 revision to the Nevada state implementation plan 
that provides for the maintenance of the national ambient air quality 
standard for particulate matter with an aerodynamic diameter less than 
or equal to a nominal ten micrometers (PM10) in Las Vegas 
Valley for the next ten years and to approve the related motor vehicle 
emissions budgets. Based in part on the approval of the PM10 
maintenance plan, EPA is also taking final action to grant the State of 
Nevada's request for redesignation of Las Vegas Valley to attainment 
for the PM10 standard. Consistent with the assumptions of 
the maintenance plan, EPA is approving revisions to certain local 
fugitive dust rules to ensure their continued applicability after 
redesignation of the area to attainment. Lastly, EPA is taking final 
action to delete the area designation for Las Vegas Valley for the 
revoked national standard for total suspended particulate because the 
designation is no longer necessary.

DATES: This rule is effective on November 5, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R09-OAR-2013-0735. Generally, documents in the docket for 
this action are available electronically at www.regulations.gov and in 
hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, 
California. While all documents in the docket are listed at 
www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps), and 
some may not be publicly available in either location (e.g., 
confidential business information or ``CBI''). To inspect the hard copy 
materials, please schedule an appointment during normal business hours 
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Karina O'Connor, Air Planning Office 
(AIR-2), U.S. Environmental Protection Agency, Region IX, (775) 434-
8176, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' refer to EPA. This SUPPLEMENTARY INFORMATION section is 
arranged as follows:

Table of Contents

I. Proposed Actions
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Proposed Actions

    On July 21, 2014 (79 FR 42258), under Clean Air Act (CAA or 
``Act'') section 110(k)(3), EPA proposed to approve a submittal from 
the Nevada Division of Environmental Protection (NDEP) dated September 
7, 2012 of the Redesignation Request and Maintenance Plan for 
Particulate Matter (PM10), Clark County, Nevada (August 2012) (``Las 
Vegas Valley PM10 Maintenance Plan'') as a revision to the 
Nevada state implementation plan (SIP). In so doing, we found that the 
Las Vegas Valley PM10 Maintenance Plan adequately 
demonstrates that the area will maintain the PM10 national 
ambient air quality standard (NAAQS or ``standard'') for 10 years 
beyond redesignation and includes sufficient contingency provisions to 
promptly correct any violation of the PM10 standard which 
occurs after redesignation and thereby meets the requirements for 
maintenance plans under CAA section 175A. We also proposed to approve 
the motor vehicle emissions budgets (MVEBs) in the Las Vegas Valley 
PM10 Maintenance Plan because we found they meet the 
applicable transportation conformity requirements under 40 CFR 
93.118(e).
    In our July 21, 2014 proposed rule, under CAA section 107(d)(3)(D), 
we proposed to grant NDEP's request to redesignate the Las Vegas Valley 
PM10 nonattainment area from ``nonattainment'' to 
``attainment'' for the PM10 standard. We proposed to do so 
based on our conclusion that the Las Vegas Valley has attained the 
PM10 standard; \1\ that the relevant portions of the Nevada 
SIP are fully approved; that the improvement in air quality is due to 
permanent and enforceable emissions reductions; that the State of 
Nevada has met all of the requirements applicable to the Las Vegas 
Valley PM10 nonattainment area with respect to section 110 
and part D of the CAA; and, based on our proposed approval as described 
above, that the Las Vegas Valley PM10 Maintenance Plan meets 
the requirements for maintenance plans under section 175A of the CAA; 
and that, therefore, the State of Nevada has met the criteria for 
redesignation under CAA section 107(d)(3)(E) for the Las Vegas Valley 
PM10 nonattainment area.
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    \1\ In our proposed approval, EPA stated that ``SLAMS data for 
2014 are not yet available . . . but will be reviewed prior to final 
action to ensure that they are consistent with continued 
attainment.'' 79 FR at 42263. We have now reviewed 2014 data, 
submitted to AQS as of September 12, 2014, and have found it to be 
consistent with continued attainment.
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    Next, we proposed to approve certain fugitive dust rules (i.e., 
Clark County Air Quality Regulations sections 41, and 90 through 93) 
that Clark County has amended to ensure their continued applicability 
after the area is redesignated to attainment and that NDEP submitted to 
us (on May 27, 2014) as a revision to the Nevada SIP.
    Lastly, we proposed to delete the area designation for Las Vegas 
Valley for the revoked NAAQS for total suspended particulate.
    Please see our July 21, 2014 proposed rule for a detailed 
discussion of the background for these actions, and the rationale for 
approval of the Las Vegas Valley PM10 Maintenance Plan, for 
granting NDEP's request for redesignation of Las Vegas Valley to 
attainment, for approving Clark County's amended fugitive dust rules, 
and for deleting the TSP designation for Las Vegas Valley.

II. Public Comments

    Our July 21, 2014 proposed rule provided a 30-day public comment 
period, which closed on August 20, 2014. We received no comments on our 
proposal during this period.

III. Final Action

    Under CAA section 110(k)(3), and for the reasons set forth in our 
July 21, 2014 proposed rule, EPA is taking final action to approve 
NDEP's submittal dated September 7, 2012 of the Redesignation Request 
and Maintenance Plan for Particulate Matter (PM10), Clark County, 
Nevada (August 2012) (``Las Vegas Valley PM10 Maintenance 
Plan'') as a revision to the Nevada SIP. EPA finds that the maintenance 
demonstration showing how the area will continue to attain the 24-hour 
PM10 NAAQS for 10 years beyond redesignation, and the 
contingency provisions describing the actions that Clark County will 
take in the event of a future monitored violation, meet all applicable 
requirements for maintenance plans and related contingency provisions 
in CAA section 175A. EPA is also finding adequate and approving the 
motor vehicle emissions budgets in the Las Vegas Valley PM10 
Maintenance Plan

[[Page 60079]]

(i.e., 141.14 tons per day in 2008, 2015, and 2023) because we find 
they meet the applicable transportation conformity requirements under 
40 CFR 93.118(e).
    Second, under CAA section 107(d)(3)(D), we are taking final action 
to grant NDEP's request, which accompanied the submittal of the 
maintenance plan, to redesignate the Las Vegas Valley PM10 
nonattainment area to attainment for the 24-hour PM10 NAAQS. 
We are doing so based on our conclusion that the area has met the five 
criteria for redesignation under CAA section 107(d)(3)(E). Our 
conclusion in this regard is in turn based on our determination that 
the area has attained the 24-hour PM10 NAAQS, that relevant 
portions of the Nevada SIP are fully approved, that the improvement in 
air quality is due to permanent and enforceable reductions in 
emissions, that Nevada has met all requirements applicable to the Las 
Vegas Valley PM10 nonattainment area with respect to section 
110 and part D of the CAA, and based on our approval as part of this 
action of the Las Vegas Valley PM10 Maintenance Plan. Our 
determination that the area has attained the 24-hour PM10 
NAAQS is based in part on our concurrence with Clark County DAQ that 
the exceedances monitored in Las Vegas Valley on July 3, 2011 were 
caused by a high wind exceptional event and our related exclusion of 
the exceedances from the attainment determination.
    Third, EPA is taking final action to approve revisions to Clark 
County fugitive dust rules sections 41, and 90 through 93 that were 
submitted on May 27, 2014 as a revision to the Nevada SIP because we 
find that they ensure continued implementation of the rules after 
redesignation of Las Vegas Valley to attainment and because they meet 
all other applicable requirements.\2\
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    \2\ Approval of Clark County amended sections 41, and 90 through 
93 will supersede the following existing rules in the applicable 
Nevada SIP: Section 41 as approved at 46 FR 43141 (August 27, 1981); 
section 90 as approved at 71 FR 63250 (October 30, 2006); section 91 
as approved at 69 FR 32272 (June 9, 2004); section 92 as approved at 
71 FR 63250 (October 30, 2006); and section 93 as approved at 71 FR 
63250 (October 30, 2006).
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    Lastly, EPA is taking final action to delete the area designation 
for Las Vegas Valley for the revoked national standard for total 
suspended particulate because the designation is no longer necessary.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by State law. Redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, 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, EPA's role is to 
approve State choices, provided that they meet the criteria of the 
Clean Air Act. Accordingly, these actions merely approve a State plan 
and redesignation request as meeting Federal requirements and do not 
impose additional requirements beyond those by State law. For these 
reasons, these actions:
     Are not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR 
3821, January 21, 2011);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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 CAA; and
     Do not provide EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law. Nonetheless, EPA has 
discussed the action with the one Tribe, the Las Vegas Paiute Tribe, 
located within the Las Vegas Valley PM10 nonattainment area.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 December 5, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule 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 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.


[[Page 60080]]


    Dated: September 17, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.

    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. Section 52.1470 is amended:
0
a. In paragraph (c), Table 3, by revising the entries for ``Section 41: 
Subsections 41.1-41.4,'' ``Section 90,'' ``Section 91,'' ``Section 
92,'' and ``Section 93''; and
0
b. By adding in paragraph (e), under the table heading ``Air Quality 
Implementation Plan for the State of Nevada'' an entry for 
``Redesignation Request and Maintenance Plan for Particulate Matter 
(PM10), Clark County, Nevada (August 2012)'' after the entry 
for ``Pages 4-125 and 4-126 and appendix R (of the PM-10 State 
Implementation Plan for Clark County).''
    The revisions and additions read as follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *

                                 Table 3--EPA-Approved Clark County Regulations
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                                                            County                               Additional
        County citation              Title/Subject      effective date  EPA Approval date       explanation
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                                                  * * * * * * *
Section 41....................  Fugitive Dust.........         4/29/14  [Insert Federal    Adopted by Clark
                                                                         Register           County on April 15,
                                                                         citation], 10/6/   2014 and submitted
                                                                         14.                by NDEP on May 27,
                                                                                            2014.
 
                                                  * * * * * * *
Section 90....................  Fugitive Dust from             4/29/14  [Insert Federal    Adopted by Clark
                                 Open Areas and Vacant                   Register           County on April 15,
                                 Lots.                                   citation], 10/6/   2014 and submitted
                                                                         14.                by NDEP on May 27,
                                                                                            2014.
Section 91....................  Fugitive Dust from             4/29/14  [Insert Federal    Adopted by Clark
                                 Unpaved Roads,                          Register           County on April 15,
                                 Unpaved Alleys, and                     citation], 10/6/   2014 and submitted
                                 Unpaved Easement                        14.                by NDEP on May 27,
                                 Roads.                                                     2014.
Section 92....................  Fugitive Dust from             4/29/14  [Insert Federal    Adopted by Clark
                                 Unpaved Parking Lots,                   Register           County on April 15,
                                 Material Handling &                     citation], 10/6/   2014 and submitted
                                 Storage Yards, &                        14.                by NDEP on May 27,
                                 Vehicle & Equipment                                        2014.
                                 Storage Yards.
Section 93....................  Fugitive Dust from             4/29/14  [Insert Federal    Adopted by Clark
                                 Paved Roads & Street                    Register           County on April 15,
                                 Sweeping Equipment.                     citation], 10/6/   2014 and submitted
                                                                         14.                by NDEP on May 27,
                                                                                            2014.
 
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* * * * *
    (e) * * *

                   EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
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                                     Applicable
     Name of SIP provision          geographic or    State submittal   EPA Approval date        Explanation
                                 nonattainment area        date
----------------------------------------------------------------------------------------------------------------
                           Air Quality Implementation Plan for the State of Nevada \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Redesignation Request and        Las Vegas Valley,           9/7/12   [Insert Federal     Excludes appendix B
 Maintenance Plan for             Clark County.                        Register            (``Documentation of
 Particulate Matter (PM10),                                            citation], 10/6/    the Public Review
 Clark County, Nevada (August                                          14.                 Process'').
 2012).
 
                                                  * * * * * * *
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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).


[[Page 60081]]

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart C--Section 107 Attainment Status Designations

0
4. Section 81.329 is amended by:
0
a. Removing in the table under ``Nevada--TSP,'' the entry for ``Las 
Vegas Valley (212) (15-24S, 56-64E)''; and
0
b. Revising in the table under ``Nevada--PM-10,'' the entry for ``Clark 
County'' to read as follows:


Sec.  81.329  Nevada.

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                                                                      Nevada--PM-10
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                                                                  Designation                                            Classification
            Designated area             ----------------------------------------------------------------------------------------------------------------
                                                         Date                           Type                      Date                     Type
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                                                                      * * * * * * *
Clark County:
    Las Vegas planning area............  November 5, 2014...................  Attainment..............  .......................  .......................
    Hydrographic area 212..............  ...................................  ........................  .......................  .......................
 
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[FR Doc. 2014-23623 Filed 10-3-14; 8:45 am]
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