[Federal Register Volume 87, Number 77 (Thursday, April 21, 2022)]
[Rules and Regulations]
[Pages 23765-23767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08422]

[[Page 23765]]



40 CFR Part 52

[EPA-R09-OAR-2022-0173; FRL-9702-02-R9]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Clark County Department of Environment and 
Sustainability (DES) portion of the Nevada State Implementation Plan 
(SIP). This revision clarifies and amends an administrative rule 
consistent with changes to state statutes and county code.

DATES: This rule is effective on June 21, 2022 without further notice, 
unless the EPA receives adverse comments by May 23, 2022. If we receive 
such comments, we will publish a timely withdrawal in the Federal 
Register to notify the public that this direct final rule will not take 

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0173 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.

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 rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this action with the dates that 
it was adopted by the Clark County DES and submitted by the Nevada 
Division of Environmental Protection (NDEP).

                                             Table 1--Submitted Rule
           Local agency                    Rule No.               Rule title          Revised        Submitted
Clark County DES.................  Section 4...............  Control Officer....        12/17/19     3/16/20 \1\

    On September 16, 2020, the submitted rule in Table 1 was 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.

    \1\ NDEP submitted amended Clark County DES Section 4 to the EPA 
electronically on March 16, 2020, as an attachment to a letter dated 
March 13, 2020.

B. Are there other versions of this rule?

    We approved an earlier version of Section 4, Subsections 4.1-4.11 
(excluding subsection 4.7.3), into the SIP on August 27, 1981 (46 FR 
43141); Subsection 4.7.3 on June 18, 1982 (47 FR 26386); and 
Subsections 4.12, 4.12.1, 4.12.2 and 4.12.3 on August 27, 1981 (46 FR 
43141). The Clark County DES adopted revisions to the SIP-approved 
version on December 17, 2019, and NDEP submitted it to us on March 16, 

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

    Clark County DES Section 4 provides the Control Officer with 
certain authorities and establishes certain duties that the Control 
Officer must fulfill. The authorities covered in Section 4 include such 
authorities as the authority to enter and inspect any property where 
emissions sources are located, the authority to require owners or 
operators of stationary sources to provide emissions-related 
information and the authority to require source testing. Duties under 
Section 4 include, among others, the duty to initiate enforcement 
proceedings (under certain circumstances) and the duty to notify the 
public on a regular basis of instances or areas in which any ambient 
air quality standard was exceeded during any portion of the preceding 
calendar year. The purpose of this submitted rule revision is to 
clarify the authorities and duties of the Control Officer and to 
conform Section 4 with related changes made to the Nevada Revised 
Statutes (NRS) and to Clark County Code.
    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 rule?

    As a general matter, 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). This SIP 
revision involves an administrative rule that establishes authorities 
to take certain actions necessary to enforce SIP emissions limitations 
and establishes

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certain obligations to initiate enforcement proceedings and to notify 
the public of certain air-quality-related information. Relevant 
regulatory provisions include 40 CFR 51.230 (``Requirements for all 
plans'') and 40 CFR 51.285 (``Public notification'').
    Guidance and policy documents that we generally use 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. Does the rule meet the evaluation criteria?

    This rule is consistent with CAA requirements and the relevant 
regulatory provisions at 40 CFR 51.230 and 40 CFR 51.285. The TSD has 
more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, the EPA is fully 
approving the submitted rule because we believe it fulfills all 
relevant requirements.\2\ We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, we are simultaneously proposing approval of the same submitted 
rule elsewhere in this issue of the Federal Register. If we receive 
adverse comments by May 23, 2022, we will publish a timely withdrawal 
in the Federal Register to notify the public that the direct final 
approval will not take effect and we will address the comments in a 
subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on June 21, 2022. This will incorporate the rule 
into the federally enforceable SIP.

    \2\ Upon the effective date of this final action, Clark County 
DES Section 4 will supersede existing Clark County District Board of 
Health Air Pollution Control Regulation Section 4, approved at 46 FR 
43141 (August 27, 1981) and at 47 FR 26386 (June 18, 1982), in the 
applicable SIP.

III. 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 finalizing the incorporation by reference of Clark 
County DES Section 4 described in Section I of this preamble and set 
forth below in the amendments to 40 CFR part 52. Therefore, this 
material has been approved by EPA for inclusion in the State 
Implementation Plan, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\3\ The EPA has made, and will continue to make, 
these documents available through 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 

    \3\ 62 FR 27968 (May 22, 1997).

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:
     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, as appropriate, disproportionate human health or 
environmental effects, using practicable 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 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, 
    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. The 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. 
    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 June 21, 2022. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section

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of this Federal Register, rather than file an immediate petition for 
judicial review of this direct final rule, so that the EPA can withdraw 
this direct final rule and address the comment in the proposed 
rulemaking. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur Oxides, Volatile organic compounds.

    Dated: April 13, 2022.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Part 52, Chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:


1. The authority citation for part 52 continues to read as follows:

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

Subpart DD--Nevada

2. In Sec.  52.1470(c), Table 3 is amended by revising the entry for 
``Section 4: Subsections 4.1-4.11 (excluding subsection 4.7.3)'' and 
removing the entries for ``Section 4 (Control Officer): Subsection 
4.7.3'' and ``Section 4 (Control Officer): Subsections 4.12, 4.12.1-
4.12.3'' to read as follows:

Sec.  52.1470   Identification of plan.

* * * * *
    (c) * * *

                                 Table 3--EPA-Approved Clark County Regulations
                                                          County                                 Additional
       County citation             Title/subject      effective date    EPA approval date        explanation
                                                  * * * * * * *
Section 4....................  Control Officer.....         12/17/19  [INSERT Federal       Submitted
                                                                       Register CITATION],   electronically on
                                                                       4/21/22.              March 16, 2020, as
                                                                                             an attachment to a
                                                                                             letter dated March
                                                                                             13, 2020.
                                                  * * * * * * *

* * * * *
[FR Doc. 2022-08422 Filed 4-20-22; 8:45 am]