[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Proposed Rules]
[Pages 35705-35709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12609]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0131; FRL-9739-01-R9]
Clean Air Plans; Base Year Emissions Inventories for the 2015
Ozone Standards; Nevada; Clark County, Las Vegas Valley
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve, under the Clean Air Act (CAA or ``Act''), revisions to the
Nevada State Implementation Plan (SIP) concerning the base year
emissions inventory requirements for the Las Vegas Valley ozone
nonattainment area located within Clark County for the 2015 ozone
national ambient air quality standards (NAAQS or ``standards'').
DATES: Any comments must arrive by July 13, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0131 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: Lindsay Wickersham, Air Planning
Office (AIR-2), EPA Region IX, (415) 947-4192,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
A. Emissions Inventories
B. State Submittals
C. Public Notice and Hearing Requirements
II. Clark County's Emissions Inventory
A. Base Year Emissions Inventory for the Las Vegas Valley
Nonattainment Area
III. EPA's Evaluation
IV. Proposed Action and Request for Public Comment
V. Statutory and Executive Order Reviews
I. Background
On October 26, 2015, the EPA promulgated a revised 8-hour ozone
NAAQS of 0.070 parts per million.\1\ In accordance with section 107(d)
of the CAA, the EPA must designate an area ``nonattainment'' if it is
violating the NAAQS or if it is contributing to a violation of the
NAAQS in a nearby area. In February 2018, Clark County submitted a
recommendation based on 2015-2017 monitoring data, requesting that the
Las Vegas Valley be designated nonattainment for the 2015 ozone
NAAQS.\2\ The EPA approved the request and designated the Las Vegas
Valley in Clark County as a ``Marginal'' ozone nonattainment zone for
the 2015 ozone NAAQS effective August 3, 2018.\3\
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\1\ 80 FR 65292.
\2\ Letter dated February 23, 2018, from Greg Lovato,
Administrator, Nevada Division of Environmental Protection, to
Alexis Strauss, Acting Regional Administrator, EPA Region IX.
\3\ 83 FR 25776, 25819.
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A. Emissions Inventories
Sections 172(c)(3) and 182(a)(1) of the CAA require states to
develop and submit, as a SIP revision, ``base year'' emissions
inventories for all areas designated as nonattainment for an ozone
NAAQS. The EPA finalized the 2015 ozone NAAQS SIP Requirements Rule
(SRR) on December 6, 2018.\4\ The SRR established implementation
requirements for the 2015 ozone NAAQS, including requirements for base
year emissions inventories under CAA section 182(a)(1). The SRR for the
2015 ozone NAAQS is codified at 40 CFR part 51, subpart CC, and the
emissions inventory requirements are codified at 40 CFR 51.1315.
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\4\ 83 FR 62998.
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An emissions inventory for ozone is an estimation of actual
emissions of air pollutants that contribute to the formation of ozone
in an area. Ozone is a gas that is formed by the reaction of volatile
organic compounds (VOC) and oxides of nitrogen (NOX),
referred to as ozone precursors, in the atmosphere in the presence of
sunlight. Therefore, an emissions inventory for ozone focuses on the
emissions of VOC and NOX. VOC is emitted by many types of
sources, including power plants, industrial sources, on-road and off-
road mobile sources, smaller stationary sources collectively referred
to as area sources, and biogenic sources. NOX is primarily
emitted by combustion sources, both stationary and mobile.
Emissions inventories provide emissions data that inform a variety
of air quality planning tasks, including the following: establishing
baseline emissions levels, calculating emissions reduction targets
needed to attain the NAAQS and to achieve reasonable further progress
(RFP) toward attainment of an ozone standard,\5\ determining emissions
inputs for ozone air quality modeling analyses, and tracking emissions
over time to determine progress toward achieving air quality and
emissions reduction goals.
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\5\ The RFP requirements specified in CAA section 182(b)(1)
apply to all areas classified as ``Moderate'' or higher ozone
nonattainment. At the time of submittal of the Clark County base
year emissions inventory SIPs for the 2015 ozone NAAQS, the Clark
County area was designated Marginal nonattainment for the 2015 ozone
NAAQS and were therefore not required to demonstrate RFP toward
attainment of the 2015 ozone NAAQS.
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For the 2015 ozone NAAQS, states are required to submit ozone
season day emissions estimates for an inventory calendar year to be
consistent with the
[[Page 35706]]
baseline year for RFP plans as required by 40 CFR 51.1310(b).\6\ Under
40 CFR 51.1310(b), for the 2015 ozone NAAQS, the RFP baseline year is
the most recent calendar year for which a complete triennial inventory
is required to be submitted to the EPA under 40 CFR 51 subpart A.\7\
States may use an alternative base year emissions inventory provided
that the year selected corresponds with the year of the effective date
of designation as nonattainment for that NAAQS. Ozone season day
emissions are defined in 40 CFR 51.1300(q) as ``the average day's
emissions for a typical ozone season work weekday.'' Under the
definition in 40 CFR 51.1300(q), states are required to select the
months in the ozone season and the days in the work week to be
represented. Based on the EPA's 2017 guidance on emissions inventory
development, the selected ozone season should be representative of the
conditions leading to nonattainment.\8\
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\6\ 40 CFR 51.1315(a).
\7\ 83 FR 62998, 63034.
\8\ EPA, ``Emissions Inventory Guidance for Implementation of
Ozone and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations'' (May 2017), 75.
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B. State Submittals
On October 15, 2020, the Nevada Department of Environmental
Protection (NDEP) submitted a revision to the Nevada SIP titled,
``Revision to the Nevada State Implementation Plan for the 2015 Ozone
NAAQS: Emissions Inventory and Emissions Statement Requirements''
(``2020 Clark County EI'').\9\ The 2020 Clark County EI includes a 2017
base year emissions inventory for the Las Vegas Valley nonattainment
area, developed by the Clark County Department of Environment and
Sustainability (CCDES), and supporting documentation regarding the
development of the base year emissions inventory.
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\9\ Letter dated October 8, 2020, from Greg Lovato,
Administrator, Nevada Division of Environmental Protection, to
Elizabeth Adams, Director, Air Division, EPA Region IX. Transmitted
via US EPA's State Planning Electronic Collaboration System (SPeCS)
on October 15, 2020.
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CCDES provided supplementary information (SI) to the 2020 Clark
County EI addressing comments and questions raised by the EPA following
receipt of CCDES's prior submittal on February 10, 2022, February 14,
2022, and on March 30, 2022.\10\ Together these three supplementary
exchanges are known as the ``2020 Clark County SI.''
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\10\ Email dated February 10, 2022, from Zheng Li, CCDES, to
Lindsay Wickersham, EPA Region IX, Subject: ``RE: Introduction and
Qs on 2015 O3 EI.''; Email dated February 14, 2022, from Araceli
Pruett, CCDES to Lindsay Wickersham, EPA Region IX, Subject: ``RE:
Introduction and Qs on 2015 O3 EI.,'' with attachment, ``20220203
EPA Request for Add'l Info on 2015 O3 EI.docx.''; Email Dated March
30, 2022, from Araceli Pruett, CCDES to Lindsay Wickersham, EPA
Region IX, Subject: ``RE: A few questions: ERCs, QA, etc.,'' with
attachment, ``20220329 EPA Request for Add'l Info on 2015 O3
EI.docx.''
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In this action, we are evaluating and proposing action on the 2020
Clark County EI and the 2020 Clark County SI that we will collectively
refer to as the ``2020 Clark County SIP Submittal.''
C. Public Notice and Hearing Requirements
Sections 110(a)(1) and 110(l) of the CAA and 40 CFR 51.102 require
states to provide reasonable notice and an opportunity for a public
hearing prior to adoption of SIP revisions. Section 110(k)(1)(B)
requires the EPA to determine whether a SIP submittal is complete
within 60 days of receipt. Any plan that the EPA does not affirmatively
determine to be complete or incomplete will become complete by
operation of law six months after the date of submittal. A finding of
completeness does not approve the submittal as part of the SIP, nor
does it indicate that the submittal is approvable. It does start a 12-
month clock for the EPA to act on the SIP submittal (see CAA section
110(k)(2)).
The 2020 Clark County SIP Submittal includes documentation of the
public review process CCDES followed prior to its submittal to the EPA
as revisions to the SIP. Appendix B of the 2020 Clark County EI
includes documentation of notices of opportunity for public hearing and
comment on the SIP submittal. CCDES posted these notices on CCDES
Facebook and Twitter pages, sent them by email to interested parties,
and posted them on CCDES and Clark County websites. Included in
Appendix B of the 2020 Clark County EI are agendas and meeting
summaries from two Board of Commissioners meetings, setting and
conducting the public hearing. Public comment reports included in
Appendix B indicate that CCDES received no comments during the 30-day
public review period.
II. Clark County's Emissions Inventory
The 2020 Clark County SIP Submittal addresses the emissions
inventory requirement in CAA section 182(a)(1). The submittal provides
documentation of a 2017 base year inventory of emissions of
NOX and VOCs. The 2017 base year emissions inventory was the
most recent triennial emissions inventory in the National Emissions
Inventory (NEI) at the time the emissions inventories were prepared for
the Clark County area.
The emissions inventory submittal includes emissions estimates for
the following source categories: point sources, nonpoint sources,
onroad mobile sources, nonroad mobile sources, commercial and federal
aviation, and biogenic sources. Point sources are large, stationary
(i.e., non-mobile) sources of emissions that release pollutants.
Nonpoint sources, also referred to as ``area'' sources, are the sources
of air pollutants that fall below point source reporting levels or are
too small or too numerous to be identified individually, such as small-
scale industrial or residential operations that use emission-generating
materials or processes. Nonroad mobile sources are not certified for
highway use and include equipment that can either move under their own
power or can be moved from site to site.\11\ Onroad mobile sources are
motor vehicles traveling on local highways and roads. Biogenic sources
emit pollutants produced by natural sources including vegetation and
soils. Commercial and federal aviation consists of emissions from
aircraft and airport ground support equipment for commercially run
facilities and federally owned facilities respectively.
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\11\ Locomotive emissions are included in the nonpoint category.
Aircraft and airport ground support equipment are included in the
aviation categories.
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CCDES employed a combination of top-down estimation techniques
(i.e., allocation of regional emissions estimates to a smaller, defined
geographic area) and bottom-up estimation techniques (i.e., development
of source or source category emissions estimates using emissions
factors, models, etc.) to develop the emissions inventories in their
SIP submittal.
A. Base Year Emissions Inventory for the Las Vegas Valley Nonattainment
Area
The emissions inventory included in the 2020 Clark County SIP
Submittal was developed by CCDES. The Clark County ozone nonattainment
area for the 2015 NAAQS consists of Hydrographic Area 212, also
referred to by CCDES as the Las Vegas Valley.\12\ CCDES selected the
month of July to estimate ozone season day emissions of NOX
and VOC from sources in the Las Vegas Valley.\13\
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\12\ See 83 FR 25776, 25819 (June 4, 2018) (providing a
description of the boundaries of the Clark County nonattainment area
for the 2015 ozone NAAQS); see also Figure 1-1 in 2020 Clark County
EI for a map of the nonattainment area.
\13\ In Clark County, the highest ambient ozone concentrations
generally occur during the months of the year when the highest
temperatures occur--typically from May through September. For SIP
planning purposes, CCDES selected weekdays in the month of July as
the basis to estimate typical summertime weekday emissions, as is
precedent for Clark County SIPs. See 86 FR 43461, 43464 (August 9,
2021).
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[[Page 35707]]
In the 2020 Clark County SIP Submittal, the point source inventory
includes all Title V stationary sources and all sources with the
potential to emit at least 10 tons of VOCs or 25 tons of NOX
in 2017. All sources emitting less than these thresholds were included
in the nonpoint source category. CCDES identified 110 stationary point
sources meeting this point source definition in the Las Vegas
Valley.\14\
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\14\ All point sources identified in the Las Vegas Valley are
permitted by the CCDES Division of Air Quality and required to
submit annual emissions reports under Section 12.9 of the Clark
County Air Quality Regulations (AQR). These annual emission reports
were used to identify individual stationary point sources within the
Las Vegas Valley for this emissions inventory.
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CCDES calculates actual emissions from point sources using data
collected from annual source emissions reports, permit files and
associated technical support documents (TSD), direct on-site
measurements (e.g., continuous emission monitors (CEMS)), or calculated
using EPA emission factors (e.g., AP-42) and activities data.\15\
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\15\ On-site measurements are collected from emission units that
are required to have CEMS, as outlined in Section 12.10 of the Clark
County AQR. All other point sources emissions were calculated based
on emissions factors in the permit and activity data.
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Nonpoint source emissions within the Las Vegas Valley were
estimated using the 2017 NEI emissions estimates for Clark County. To
generate the sub-county emissions from the Las Vegas Valley, the Sparse
Matrix Operator Kernel Emissions (SMOKE) model was run with a 4-km grid
spacing over the nonattainment area for July to generate ozone season
weekday emissions estimates using annual nonpoint emissions data.\16\
Ancillary files developed by the EPA for version 1 of the 2016 modeling
platform were used when running SMOKE.\17\ The nonpoint inventory
includes different emissions sectors: locomotive, residential wood
combustion, agriculture livestock, and other nonpoint sources.\18\
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\16\ For a map of the modeled area, see 2020 Clark County EI,
Figure 1-1, A-4; Characterized by Source Classification Code (SCC)
in the FF10 Flat data file; EPA, ``Technical Support Document (TSD)
Preparation of Emissions Inventories for the 2016v1 North American
Emissions Modeling Platform'' (March 2021), 123.
\17\ Files and technical support documents available at https://www.epa.gov/air-emissions-modeling/2016v1-platform.
\18\ See 2020 Clark County SI Section C for detailed emissions
from each emission sector.
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Nonroad mobile sources in the Las Vegas Valley emissions inventory
encompass a wide variety of equipment types that are not certified for
highway use and can either move under their own power or can be moved
from site to site.\19\ CCDES estimated nonroad emissions within the Las
Vegas Valley using the 2017 NEI emissions estimates for Clark County
that were generated using the nonroad module of the EPA's Motor Vehicle
Emission Simulator (version MOVES2014b), which was the latest model
available at the time the inventory was developed.\20\ To generate the
sub-county emissions from the Las Vegas Valley, the SMOKE model was run
with a 4-km grid spacing over the nonattainment area for July to
generate ozone season weekday emissions estimates using monthly nonroad
emissions data.\21\ Ancillary data files used when running SMOKE were
developed by the EPA for version 1 of the 2016 modeling platform and
had a base year of 2016 for use in photochemical modeling.\22\
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\19\ Locomotive, aircraft, and airport ground support equipment
are not included in this category.
\20\ EPA, ``Policy Guidance on the Use of MOVES3 for State
Implementation Plan Development, Transportation Conformity, General
Conformity, and Other Purposes'' (November 2020), 7.
\21\ Characterized by Source Classification Code (SCC) in the
FF10 Flat data file; EPA, ``Technical Support Document (TSD)
Preparation of Emissions Inventories for the 2016v1 North American
Emissions Modeling Platform'' (March 2021), 123.
\22\ Files and technical support documents available at https://www.epa.gov/air-emissions-modeling/2016v1-platform.
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Onroad mobile sources in the Las Vegas Valley emissions inventory
consist of cars, trucks, buses, motorcycles, and other motor vehicles
that travel on local and highway roads. CCDES developed a Clark County-
specific MOVES input database for 2017 using the latest available
information. Key inputs for MOVES included in this database were annual
vehicle miles traveled (VMT), vehicle population by source type, fleet
age distributions, fuel parameters, inspection and maintenance
programs, hoteling activity, and ambient temperature and humidity data.
Sources for these inputs include the 2018 Clark County vehicle
classification study, the Nevada Department of Motor Vehicle
registration database, the Nevada Department of Transportation's (NDOT)
annual Highway Performance Monitoring System reports, data from the
Regional Transportation Council, the online magazine Schoolbusfleet,
meteorological data collected at McCarran International Airport, the
Coordinated Research Council's vehicle identification number decoding
project and default model input files.
To generate sub-county data from this database, CCDES assumed the
population within the Las Vegas Valley to be 95 percent of the total
population of Clark County \23\ and used Las Vegas Valley specific
annual VMT data for each vehicle source type as provided by NDOT. CCDES
estimated emissions from onroad mobile sources using MOVES2014b in
inventory mode to generate sub-county data for the Las Vegas Valley.
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\23\ The EPA has previously accepted this assumption for other
plans submitted regarding Las Vegas (see e.g., 79 FR 60078). The
human population of the Las Vegas Valley is around 96.7 percent.
Sensitivity analysis showed that the values in MOVES was not
sensitive to a 1.67 percent change.
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Biogenic sources included in this inventory include crops, lawn
grass, vegetation, soil, and forests. Emissions from biogenic sources
in the Las Vegas Valley area were calculated using the Biogenic
Emissions Inventory System Version 3.61 (BEIS 3.61) embedded in SMOKE
4.7. BEIS requires inputs of meteorological and landcover data. CCDES
utilized 12-kilometer data collected from the 2016 version 1 Weather
Research and Forecasting model, and the newly released Biogenic
Emissions Landcover Database version 5 (BELD5).\24\
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\24\ BELD5 includes version 8.0 of the Forest Inventory and
Analysis, which has better agreement with measured foliage biomass
to improve VOC emissions estimates.
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Emissions from commercial aviation within the Las Vegas Valley
encompasses three facilities: McCarran International Airport, North Las
Vegas Airport, and Henderson Executive Airport. Emissions inventories
were developed using the Federal Aviation Administration's Aviation
Environmental Design Tool (AEDT) Version 3b. The Clark County
Department of Aviation used default meteorology in AEDT with correction
factors to account for differences in meteorology and activity data
between the model's default design day of October and a typical July
weekday. The 2020 Clark County SI shows corrected tons per day (tpd)
values adjusted with correction factors for all three airports compared
to the values provided in the 2020 Clark County EI. These corrected
values are included in Table 2 below.
Emissions from federally controlled aviation sources within Las
Vegas Valley consist entirely of emissions from Nellis Air Force Base.
Actual emissions from aircraft operations were obtained from EPA's 2017
NEI Data.
CCDES employed quality assurance and quality control (QA/QC)
measures
[[Page 35708]]
throughout the development of the 2020 Clark County emissions
inventory. Point source emissions calculations were checked by CCDES
compliance staff against the permitting Technical Support Document
(TSD).\25\ These reviewed and corrected emissions data are used in the
emissions inventories. Nonroad and nonpoint emissions outcomes were
compared to those from the NEI and other counties for reasonableness
and consistency and were checked for spatial distributions with gridded
emissions maps.\26\ Onroad emissions had a variety of input sources and
thus implemented multiple types of QA/QC practices outlined in the 2020
Clark County SI. Emissions data collected for the 2017 NEI was subject
to QA/QC from the EPA and was compared by CCDES to other counties in
Nevada and to other years for consistency and reasonableness.\27\
CCDES's QA/QC measures are described in further detail in the 2020
Clark County SI.
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\25\ CCDES, ``Emissions Inventory Report Review and Audit
Process'' (March 2021).
\26\ Gridded emissions map shown in 2020 Clark County SI,
Section (b)(iii) and Section (c)(iii).
\27\ EPA, ``2017 National Emissions Inventory Summary of Quality
Assurance Information'' (January 2022).
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Estimates of 2017 ozone season day emissions of NOX and
VOC in the Las Vegas Valley are summarized in Table 2 below.
Table 2--2017 Ozone Season Day Emissions for the Las Vegas Valley
Nonattainment Area
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Pollutant
Source category -------------------------------
NOX (tpd) VOC (tpd)
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Point................................... 2.94 1.25
Nonpoint................................ 6.94 59.49
Commercial Aviation..................... \a\ 11.40 1.70
Federal Aviation........................ 0.50 0.24
On-road Mobile.......................... 38.76 27.25
Nonroad Mobile.......................... 36.58 23.96
Biogenic................................ 0.86 124.19
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Area Total.......................... 97.98 238.07
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Sources: 2020 Clark County EI section 9, 2020 Clark County SI.
Note:
\a\ Corrected value provided from 2020 Clark County SI, Section e.
III. EPA's Evaluation
Based on the documentation included in Clark County's submittals,
the EPA finds that the submittals satisfy the procedural requirements
of sections 110(a)(1) and 110(l) of the Act requiring states to provide
reasonable notice and an opportunity for public hearing prior to
adoption of SIP revisions. The 2020 Clark County SIP Submittal became
complete by operation of law on April 15, 2021, pursuant to CAA section
110(k)(1)(B).
The EPA has reviewed Clark County's submittals for consistency with
CAA sections 172(c)(3) and 182(a)(1) and the requirements for emissions
inventories under the EPA's implementing regulations for the 2015 ozone
NAAQS at 40 CFR 51.1315. The 2017 base year emissions inventories
represent the most recent calendar year for which a consistent and
comprehensive statewide inventory was available. The selection of 2017
as the base year for the Las Vegas Valley emissions inventory is
therefore consistent with the requirement for selection of RFP baseline
years under 40 CFR 51.1310(b). We find that for the Las Vegas Valley
emissions inventory Clark County appropriately estimated the average
day's emissions for a typical weekday in the ozone season, consistent
with the definition of ozone season day emissions under 40 CFR
51.1300(q).
Clark County's submittals document the procedures used by CCDES to
estimate ozone season day emissions for each of the major source types.
Documentation of emissions estimation procedures in the 2020 Clark
County SIP Submittal demonstrate that CCDES followed acceptable
procedures to develop emissions estimates. The 2020 Clark County SIP
Submittal also describes the specific QA/QC measures implemented to
ensure the accuracy and integrity of data throughout the development of
the emissions inventory.
Based upon the documentation of emissions estimation techniques and
QA/QC procedures employed to develop the emissions inventories in the
submittal, we find that the 2020 Clark County SIP Submittal contains
comprehensive, accurate, current inventories of actual emissions from
all sources in the Las Vegas Valley nonattainment area. The EPA
therefore proposes to approve the base year inventories of
NOX and VOC emissions for the Las Vegas Valley ozone
nonattainment area for the 2015 ozone NAAQS submitted by Nevada
pursuant to 40 CFR 51.1315 and CAA sections 172(c)(3) and 182(b)(1).
IV. Proposed Action and Request for Public Comment
We are proposing to approve the 2020 Clark County SIP Submittal as
meeting the ozone-related base year emissions inventory requirement for
the Las Vegas Valley nonattainment area for the 2015 ozone NAAQS. The
emissions inventory we are proposing to approve into the SIP is
summarized in Table 2. We are proposing to approve this emissions
inventory because it contains comprehensive, accurate, and current
inventories of actual emissions for all relevant sources in accordance
with CAA sections 172(c)(3) and 182(a)(1). The EPA is soliciting public
comments on the issues discussed in this proposed rule. We will accept
comments from the public on this proposal for the next 30 days.
V. 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
plans
[[Page 35709]]
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. The Las Vegas Tribe of
Paiute Indians of the Las Vegas Indian Colony have areas of Indian
country located within the Las Vegas Valley nonattainment area for the
2015 ozone NAAQS. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 6, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-12609 Filed 6-10-22; 8:45 am]
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