[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Proposed Rules]
[Pages 9475-9477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03690]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0106; FRL-9527-01-R9]


Air Plan Approval; Nevada; Clark County Department of Environment 
and Sustainability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Clark County Department of Environment and 
Sustainability (DES) portion of the Nevada State Implementation Plan 
(SIP). These revisions concern the title change of the Clark County 
Department of Air Quality to the Department of Environment and 
Sustainability. We are proposing to approve this title change. The 
``department of air quality'' was deleted in the air quality 
regulations and replaced with ``department.'' We are taking comments on 
this proposal and plan to follow with a final action.

DATES: Any comments must arrive by March 24, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0106 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. 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: Christine Vineyard, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4125 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?

[[Page 9476]]

    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates 
that they were adopted by Clark County DES and submitted by the Nevada 
Division of Environmental Protection (NDEP).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
       Local agency                  Rule No.                  Rule title             Amended        Submitted
----------------------------------------------------------------------------------------------------------------
DES.......................  Rule 2...................  Procedures for Adoption           1/21/20         3/13/20
                                                        and Revision of
                                                        Regulations and for
                                                        Inclusion of those
                                                        Regulations in the State
                                                        Implementation Plan.
DES.......................  Rule 33..................  Chlorine in Chemical              1/21/20         3/13/20
                                                        Processes.
DES.......................  Rule 41..................  Fugitive Dust............         1/21/20         3/13/20
DES.......................  Rule 53..................  Oxygenated Gasoline               1/21/20         3/13/20
                                                        Program.
DES.......................  Rule 90..................  Fugitive Dust from Open           1/21/20         3/13/20
                                                        Areas and Vacant Lots.
DES.......................  Rule 93..................  Fugitive Dust from Paved          1/21/20         3/13/20
                                                        Roads and Street
                                                        Sweeping Equipment.
DES.......................  Rule 94..................  Permitting and Dust               1/21/20         3/13/20
                                                        Control for Construction
                                                        Activities.
----------------------------------------------------------------------------------------------------------------

    On September 13, 2020, the submitted rules in Table 1 were deemed 
to be complete by operation of law to meet the completeness criteria in 
40 CFR part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    We approved an earlier version of Rule 2 into the SIP on August 27, 
1981 (46 FR 43141). The Clark County DES adopted revisions to the SIP-
approved version on January 21, 2020, and NDEP submitted it to us on 
March 13, 2020.
    We approved an earlier version of Rule 33 into the SIP on September 
7, 2004 (69 FR 54006). The Clark County DES adopted a revision to the 
SIP-approved version on January 21, 2020, and NDEP submitted it to us 
on March 13, 2020.
    We approved an earlier version of Rule 41 into the SIP on October 
6, 2014 (79 FR 60078). The Clark County DES adopted a revision to the 
SIP-approved version on January 21, 2020, and NDEP submitted it to us 
on March 13, 2020.
    We approved an earlier version of Rule 53 into the SIP on September 
21, 2004 (69 FR 56351). The Clark County DES adopted a revision to the 
SIP-approved version on January 21, 2020, and NDEP submitted it to us 
on March 13, 2020.
    We approved an earlier version of Rule 90 into the SIP on October 
6, 2014 (79 FR 60078). The Clark County DES adodpted a revision to the 
SIP-approved version on January 21, 2020, and NDEP submitted it to us 
on March 13, 2020.
    We approved an earlier version of Rule 93 into the SIP on October 
6, 2014 (79 FR 60078). The Clark County DES adopted a revision to the 
SIP-approved version on January 21, 2020, and NDEP submitted it to us 
on March 13, 2020.
    We approved an earlier version of Rule 94 into the SIP on October 
30, 2006 (71 FR 63250). The Clark County DES adopted a revision to the 
SIP-approved vesion on January 21, 2020, and NDEP submitted it to us on 
March 13, 2020.
    While we can act on only the most recently submitted version, we 
have reviewed materials provided with previous submittals.

C. What is the purpose of the submitted rule revisions?

    The purpose of these submitted rule revisions is to delete ``the 
department of air quality'' everywhere it appears in the submitted 
rules and replacing it with ``department'' and to update formatting.
    The EPA's technical support document (TSD) and submitted staff 
report have more information about these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)), 
must not interfere with applicable requirements concerning attainment 
and reasonable further progress or other CAA requirements (see CAA 
section 110(l)), and must not modify certain SIP control requirements 
in nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    Guidance and policy documents that we used to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants include the following:

    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 
11, 1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).

B. Do the rules meet the evaluation criteria?

    These rules are consistent with CAA requirements and relevant 
guidance regarding enforceability. The TSD has more information on our 
evaluation.

C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules because they fulfill all relevant 
requirements. We will accept comments from the public on this proposal 
until March 24, 2022. If we take final action to approve the submitted 
rules, our final action will incorporate these rules into the federally 
enforceable SIP.

III. Incorporation by Reference

    In this proposed rule, the EPA is proposing to include in a final 
EPA rule regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the Clark County DES rules described in Table 
1 of this preamble. The EPA has made, and will continue to make, these 
materials available through https://www.regulations.gov and at the EPA 
Region IX Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

[[Page 9477]]

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 proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     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 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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; and
     Does not provide the 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, 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 proposed 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: February 15, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-03690 Filed 2-18-22; 8:45 am]
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