[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Rules and Regulations]
[Pages 10044-10049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02999]



[[Page 10044]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0704; FRL-10224-02-R9]


Partial Approval, Conditional Approval, and Partial Disapproval 
of Air Quality State Implementation Plans; Nevada; Infrastructure 
Requirements for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving in 
part, conditionally approving in part, and disapproving in part a state 
implementation plan (SIP) revision submitted by the State of Nevada 
pursuant to the requirements of the Clean Air Act (CAA or ``Act'') for 
the implementation, maintenance, and enforcement of the 2012 national 
ambient air quality standards (NAAQS) for particulate matter less than 
2.5 micrometers in diameter (PM2.5). As part of this action, 
we are reclassifying certain regions of the State for emergency episode 
planning purposes with respect to PM2.5. We are also 
approving an exemption from emergency episode planning requirements for 
PM2.5 for the Nevada Division of Environmental Protection 
(NDEP) and Washoe County. Finally, we are approving two new definitions 
and four regulatory revisions into the Nevada SIP.

DATES: This rule is effective March 20, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0704. All documents in the docket are 
listed on the https://www.regulations.gov 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 https://www.regulations.gov, 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 
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: Tom Kelly, Air Planning Office (AIR-
2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 
972-3247, or by email at [email protected].

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

Table of Contents

I. Background
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. Statutory Requirements

    Section 110(a)(1) of the CAA requires each state to submit to the 
EPA, within three years after the promulgation of a primary or 
secondary NAAQS or any revision thereof, a SIP revision that provides 
for the implementation, maintenance, and enforcement of such NAAQS.
    Section 110(a)(2) of the CAA contains the infrastructure SIP 
requirements, which generally relate to the information, authorities, 
compliance assurances, procedural requirements, and control measures 
that constitute the ``infrastructure'' of a state's air quality 
management program. These infrastructure SIP requirements (or 
``elements'') required by section 110(a)(2) are as follows:
     Section 110(a)(2)(A): Emission limits and other control 
measures.
     Section 110(a)(2)(B): Ambient air quality monitoring/data 
system.
     Section 110(a)(2)(C): Program for enforcement of control 
measures and regulation of new and modified stationary sources.
     Section 110(a)(2)(D)(i): Interstate pollution transport.
     Section 110(a)(2)(D)(ii): Interstate pollution abatement 
and international air pollution.
     Section 110(a)(2)(E): Adequate resources and authority, 
conflict of interest, and oversight of local and regional government 
agencies.
     Section 110(a)(2)(F): Stationary source monitoring and 
reporting.
     Section 110(a)(2)(G): Emergency episodes.
     Section 110(a)(2)(H): SIP revisions.
     Section 110(a)(2)(J): Consultation with government 
officials, public notification, prevention of significant deterioration 
(PSD), and visibility protection.
     Section 110(a)(2)(K): Air quality modeling and submittal 
of modeling data.
     Section 110(a)(2)(L): Permitting fees.
     Section 110(a)(2)(M): Consultation/participation by 
affected local entities.
    Two elements identified in section 110(a)(2) are not governed by 
the three-year submittal deadline of section 110(a)(1) and are 
therefore not addressed in this action. These two elements are: (i) 
section 110(a)(2)(C), to the extent it refers to permit programs 
required under part D (nonattainment new source review (NSR)), and (ii) 
section 110(a)(2)(I), pertaining to the nonattainment planning 
requirements of part D. As a result, this action does not address 
requirements for the nonattainment NSR portion of section 110(a)(2)(C) 
or the whole of section 110(a)(2)(I).

B. NAAQS Addressed by This Final Rule

    On January 15, 2013, the EPA promulgated a revised primary NAAQS 
for PM2.5, triggering a requirement for states to submit 
infrastructure SIPs by December 15, 2015. The revised standard lowered 
the annual PM2.5 NAAQS to 12.0 micrograms per cubic meter 
([mu]g/m\3\) to provide increased protection against health effects 
associated with long- and short-term exposures (including premature 
mortality, increased hospital admissions and emergency department 
visits, and development of chronic respiratory disease).\1\
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    \1\ 78 FR 3086 (January 15, 2013).
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    The NDEP made a submittal addressing the infrastructure SIP 
requirements for the 2012 PM2.5 NAAQS on December 11, 2015 
(``Nevada's Infrastructure SIP Submittal'').\2\ It included separate 
sections for Clark County \3\ and Washoe County.\4\ We refer

[[Page 10045]]

to each individual section as that agency's or County's portion of the 
submittal. In accordance with CAA section 110(k)(1)(B), Nevada's 
Infrastructure SIP Submittal became complete by operation of law on 
June 11, 2016.
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    \2\ Letter and enclosures from David Emme, Administrator, NDEP, 
to Jared Blumenfeld, Regional Administrator, EPA Region IX, RE: The 
Nevada State Implementation Plan for the 2012 Annual Primary Fine 
Particulate Matter NAAQS, dated December 11, 2015, with enclosures 
including the Nevada Division of Environmental Protection Portion of 
the Nevada State Implementation Plan for the 2012 Annual Primary 
Fine Particulate Matter NAAQS, dated December 11, 2015.
    \3\ Letter from Lewis Wallenmeyer, Director, Clark County 
Department of Air Quality, to David Emme, Administrator, NDEP, 
Subject: ``the Clark County Portion of the PM2.5 State 
Implementation Plan,'' dated August 20, 2015, including the enclosed 
Clark County Portion of the State Implementation Plan to Meet the 
PM2.5 SIP Requirements of the Clean Air Act Section 
110(a)(2), dated August 2015.
    \4\ Letter from Charlene Albee, Director, Washoe County Health 
District, to Dave Emme, Administrator, Nevada Division of 
Environmental Protection, Subject: ``PM2.5 State 
Implementation Plan for the 2012 Annual NAAQS,'' dated December 4, 
2015, with enclosures, including: the Washoe County Portion of the 
Nevada State Implementation Plan to Meet the PM2.5 
Infrastructure SIP Requirements of Clean Air Act Section 110(a)(2), 
dated October 22, 2015.
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C. EPA's Proposal

1. Approvals and Partial Approvals
(a) Infrastructure SIP Requirements
    On October 20, 2022, we proposed to approve and partially approve 
Nevada's Infrastructure SIP Submittal for the requirements of the 
following sections of the CAA: \5\
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    \5\ 87 FR 63744 (October 20, 2022).
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     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C) (in part): Program for enforcement of control 
measures (full approval), and regulation of new stationary sources 
(approval for Clark County only) and minor sources (full approval).
     110(a)(2)(D) (in part): Interstate Pollution Transport.
    o 110(a)(2)(D)(i)(I)--significant contribution to a nonattainment 
area (prong 1).
    o 110(a)(2)(D)(i)(I)--interference with a maintenance area (prong 
2).
    o 110(a)(2)(D)(i)(II) (in part)--interference with PSD (prong 3) 
(approval for Clark County only).
    o 110(a)(2)(D)(ii) (in part)--interstate pollution abatement 
(approval for Clark County only) and international air pollution.
     110(a)(2)(E): Adequate resources and authority, conflict 
of interest, and oversight of local governments and regional agencies.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency episodes.
     110(a)(2)(H): SIP revisions.
     110(a)(2)(J) (in part): Consultation with government 
officials, public notification (conditional approval for NDEP and 
Washoe County, approval for Clark County), and PSD and visibility 
protection (approval for Clark County only).
     110(a)(2)(K): Air quality modeling and submission of 
modeling data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.
(b) Proposed Approval of State Provisions Into the Nevada SIP
    As part of our proposed action of Nevada's Infrastructure SIP 
Submittal, we proposed approval of several state regulations into the 
Nevada SIP. Two provisions, NAC 445B.1349 and NAC 445B.1355, define 
``PM2.5 emissions'' and ``PM10 emissions,'' 
respectively, to include vapors that can condense to form 
PM2.5 and PM10. Three provisions are revisions to 
NAC 445B.2203, NAC 445B.2207, and NAC 445B.22096 and replace the term 
``emissions of PM10'' with ``PM10 emissions,'' 
Finally, NAC 445B.22097 revises the State annual PM2.5 
emissions standard from 15.0 [micro]g/m\3\ to 12.0 [micro]g/m\3\ to be 
consistent with the 2012 PM2.5 NAAQS.
2. Conditional Approvals
    The EPA proposed to conditionally approve of the portions of the 
NDEP and Washoe County Infrastructure SIP Submittals addressing the 
public notification requirements of CAA section 110(a)(2)(J) for the 
2012 PM2.5 NAAQS.
3. Partial Disapprovals
    The EPA proposed to partially disapprove Nevada's Infrastructure 
SIP Submittal with respect to the following infrastructure SIP 
requirements:
     110(a)(2)(C) (in part): Regulation of new and modified 
stationary sources (disapproval for the NDEP and Washoe County).
     110(a)(2)(D)(i)(II) (in part): interference with PSD 
(prong 3) (disapproval for the NDEP and Washoe County).
     110(a)(2)(D)(ii) (in part): interstate pollution abatement 
(disapproval for the NDEP and Washoe County).
     110(a)(2)(J) (in part): PSD (disapproval for the NDEP and 
Washoe County).
    Although the NDEP and Washoe County portions of the SIP remain 
deficient with respect to PSD requirements, the EPA noted that the 
proposed disapproval, if finalized, would have no consequences, as both 
agencies implement the Federal PSD program at 40 CFR 52.21 for all 
regulated NSR pollutants, pursuant to delegation agreements with the 
EPA.
3. Reclassification and Exemption
    We proposed to retain the Priority I classification for the Las 
Vegas Intrastate and Northwest Nevada Intrastate Air Quality Control 
Regions (AQCR) and reclassify the Nevada Intrastate AQCR to Priority 
III. Priority I regions are required to have SIP approved emergency 
episode plans, also called contingency plans. We proposed to exempt the 
Northwest Nevada Intrastate AQCR, which includes areas regulated by the 
NDEP and Washoe County, from this requirement pursuant to 40 CFR 
51.152(d)(1) due to the AQCR's attainment status.
4. Deferred Action
    The EPA did not propose action on the interstate transport 
visibility requirements of 110(a)(2)(D)(i)(II), which is also called 
Prong 4 of the interstate transport requirements. On August 12, 2022, 
NDEP and Clark County withdrew the Prong 4 element in the Nevada's 
Infrastructure SIP Submittal and submitted a revised Prong 4 element 
with the State's Regional Haze Plan for the 2nd Planning Period.\6\ The 
EPA intends to act on the revised Prong 4 element when we act on 
Nevada's Regional Haze Plan for the 2nd Planning Period.
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    \6\ See letter dated August 12, 2022, from Greg Lovato, 
Administrator, Nevada Department of Environmental Protection, to 
Martha Guzman, Regional Administrator, EPA Region IX, re: The Nevada 
State Implementation Plan for the Regional Haze Rule for the Second 
Planning Period; Withdrawal and Replacement of Elements of the 2012 
PM2.5 NAAQS and 2015 Ozone NAAQS Infrastructure SIPs.
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II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period 
that ended on November 16, 2020. During this period, the EPA received 
three separate anonymous comments. The full text of all three comments 
is available in the docket for this rulemaking.
    One commenter stated that the rulemaking was a good idea but noted 
that Reno had bad air quality a few months ago and suggested that 
stricter air quality standards would improve air quality. After 
reviewing the comment, the EPA has determined that the comment is 
supportive of our action and does not necessitate a substantive 
response. However, we also note that the purpose of infrastructure SIP 
submittals is to provide for the implementation, maintenance, and 
enforcement of each primary or secondary NAAQS. The requirement to 
develop control measures to improve air quality typically occurs as 
part of the EPA's nonattainment plan review under Part D of title I of 
the CAA when an area is not attaining the NAAQS.\7\ Here,

[[Page 10046]]

however, the entire State of Nevada is designated attainment for the 
2012 PM2.5 NAAQS and our action has merely evaluated whether 
the state meets CAA ``infrastructure'' requirements under section 
110(a)(2) of the Act.
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    \7\ As noted in section I.A. of this document and in the EPA's 
2013 guidance on infrastructure SIPs, two elements identified in 
section 110(a)(2) are not governed by the three-year submittal 
deadline of section 110(a)(1) and are therefore not addressed in 
this action. These two elements are: (i) section 110(a)(2)(C) to the 
extent it refers to permit programs required under part D 
(nonattainment NSR), and (ii) section 110(a)(2)(I), pertaining to 
the nonattainment planning requirements of part D. As a result, this 
action does not address requirements for the nonattainment NSR 
portion of section 110(a)(2)(C) or the whole of section 
110(a)(2)(I). See ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 
110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013.
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    Another commenter recommended that the EPA hold states accountable 
for not meeting air quality standards and suggested a causal link 
between political party affiliation and death rates among young people. 
After reviewing the comment, the EPA has determined that the comment 
fails to raise issues germane to our proposed finding that the State of 
Nevada largely meets the infrastructure SIP requirements of section 
110(a)(2) of the Act, which only evaluated the State's ability to 
implement, maintain, and enforce the 2012 PM2.5 NAAQS. 
Therefore, we have determined that this comment does not necessitate a 
response, and the EPA will not provide a specific response to the 
comment in this document.
    The final comment recommended that the Federal Government impose 
strict air quality standards on the State of Utah and proposed a 
variety of measures the State of Utah should take to improve 
environmental quality. After reviewing the comment, the EPA has 
determined that the comment fails to raise issues germane to our 
proposed finding that the State of Nevada largely meets the 
infrastructure SIP requirements of section 110(a)(2) of the Act, which 
only evaluated the State's ability to implement, maintain, and enforce 
the 2012 PM2.5 NAAQS. Therefore, we have determined that 
this comment does not necessitate a response, and the EPA will not 
provide a specific response to the comment in this document.

III. Final Action

A. Partial Approvals, Conditional Approvals, and Partial Disapprovals

    Under CAA section 110(a), we are partially approving and partially 
disapproving Nevada's Infrastructure SIP submittal for the 2012 
PM2.5 NAAQS. Specifically, we are fully approving the 
submittal for the requirements of CAA sections:
     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C) (in part): Program for enforcement of control 
measures (full approval), and regulation of new stationary sources 
(approval for Clark County only) and minor sources (full approval).
     110(a)(2)(D) (in part): Interstate Pollution Transport.
    [cir] 110(a)(2)(D)(i)(I)--significant contribution to a 
nonattainment area (prong 1).
    [cir] 110(a)(2)(D)(i)((I)--interference with a maintenance area 
(prong 2).
    [cir] 110(a)(2)(D)(i)(II) (in part)--interference with PSD (prong 
3) (approval for Clark County only) and visibility transport (prong 4) 
(deferred).
    [cir] 110(a)(2)(D)(ii) (in part)--interstate pollution abatement 
(approval for Clark County only) and international air pollution.
     110(a)(2)(E): Adequate resources and authority, conflict 
of interest, and oversight of local governments and regional agencies.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency episodes.
     110(a)(2)(H): SIP revisions.
     110(a)(2)(J) (in part): Consultation with government 
officials, public notification (conditional approval for NDEP and 
Washoe County, approval for Clark County), and PSD and visibility 
protection (approval for Clark County only).
     110(a)(2)(K): Air quality modeling and submission of 
modeling data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.
    The EPA is taking final action to conditionally approve of the 
portions of the NDEP and Washoe County portions of Nevada's 
Infrastructure SIP Submittal addressing the public notification 
requirements of CAA section 110(a)(2)(J) for the 2012 PM2.5 
NAAQS.
    We are taking final action to disapprove Nevada's Infrastructure 
SIP Submittal with respect to the following infrastructure SIP 
requirements:
     110(a)(2)(C) (in part): Regulation of new and modified 
stationary sources (disapproval for the NDEP and Washoe County).
     110(a)(2)(D)(i)(II) (in part): interference with PSD 
(prong 3) (disapproval for the NDEP and Washoe County).
     110(a)(2)(D)(ii) (in part): interstate pollution abatement 
(disapproval for the NDEP and Washoe County).
     110(a)(2)(J) (in part): PSD (disapproval for the NDEP and 
Washoe County).
    Although the NDEP and Washoe County portions of the SIP remain 
deficient with respect to PSD requirements, this final disapproval 
action has no consequences, as both agencies implement the Federal PSD 
program at 40 CFR 52.21 for all regulated NSR pollutants, pursuant to 
delegation agreements with the EPA.

B. Approval of Updated Nevada State-Wide Provisions

    In this final action, the EPA is also approving in the Nevada SIP 
revisions to the Nevada Administrative Code (NAC). The EPA is approving 
into the SIP two new provisions, NAC 445B.1349 and NAC 445B.1355, to 
define ``PM2.5 emissions'' and ``PM10 emissions'' 
to include vapors that can condense to form PM2.5 and 
PM10. In addition, the EPA is approving revisions to NAC 
445B.2203, NAC 445B.2207, and NAC 445B.22096 and replace the term 
``emissions of PM10'' with ``PM10 emissions.'' 
Finally, the EPA is approving into the Nevada SIP NAC 445B.22097 to 
revise the State annual PM2.5 emissions standard from 15.0 
[micro]g/m\3\ to 12.0 [micro]g/m\3\ to be consistent with the 2012 
PM2.5 NAAQS. These new and updated provisions strengthen the 
SIP or clarify certain terms in the SIP, as discussed in the proposed 
rule, and meet the requirements of CAA sections 110(a)(2), 110(l), and 
193. Therefore, the EPA is approving the submitted new and revised 
rules into the Nevada SIP as proposed.

C. Reclassification and Exemption of AQCRs for Emergency Episode 
Planning

    This final rule retains the classification of the Las Vegas 
Intrastate and Northwest Nevada Intrastate AQCRs as Priority I for 
emergency episodes and reclassifies the Nevada Intrastate AQCR to 
Priority III. This approval also exempts the Northwest Nevada 
Intrastate AQCR, which includes areas regulated by the NDEP and Washoe 
County, from the emergency episode plan requirement pursuant to 40 CFR 
51.152(d)(1) due to the AQCR's attainment status.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference as described in Section III.B. and set forth 
below in the amendments to 40 CFR part 52. The EPA has made, and will 
continue to make, these documents 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).

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be

[[Page 10047]]

found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

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. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

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. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

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.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because 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 and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only 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 impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The state did not evaluate environmental justice considerations as 
part of its SIP submittal. There is no information in the record 
inconsistent with the stated goals of E.O 12898 of achieving 
environmental justice for people of color, low-income populations, and 
indigenous peoples.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    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 April 17, 2023. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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 in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

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

    Dated: February 6, 2023.
Martha Guzman Aceves,
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. Amend Sec.  52.1470 as follows:
0
a. In paragraph (c), table 1:
0
i. Under the table heading ``Nevada Administrative Code, Chapter 445B, 
Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445, 
Air Controls, Air Pollution; Nevada Air Quality Regulations--
Definitions'', add an entry for ``445B.1349'' after the entry 
``445.565'' and an entry for ``445B.1355'' after the entry 
``445B.135''.
0
ii. Under the table heading ``Nevada Administrative Code, Chapter 445B, 
Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445, 
Air Controls, Air Pollution; Nevada Air Quality Regulations--General 
Provisions'':
0
A. Revise the entries for ``445B.2203'' and ``445B.2207''.
0
B. Remove the entry ``445B.22096, excluding the NOX 
averaging time and control type for units 1, 2 and 3 and the 
NOX emission limit for unit 3 in sub-paragraph (1)(c), all 
of which EPA has disapproved'' and add the entry ``445B.22096'' in its 
place.
0
C. Revise the entry for ``445B.22097''.
0
b. In paragraph (e), in the table under the heading ``AIR QUALITY 
IMPLEMENTATION PLAN FOR THE STATE OF NEVADA'', add the entries ``The 
Nevada Division of Environmental Protection Portion of the Nevada State 
Implementation Plan for the 2012

[[Page 10048]]

Annual Primary Fine Particulate Matter NAAQS, excluding the cover 
letter; the part addressing the visibility requirements of CAA 
110(a)(2)(D)(i)(II) on page 9; and Appendices A-D and F-I'', ``The 
Clark County Portion of the State Implementation Plan to meet the 
PM2.5 SIP Requirements of the Clean Air Act Section 
110(a)(2), excluding the cover letter to NDEP; the part of the 
submittal addressing the visibility requirements of CAA 
110(a)(2)(D)(i)(II) on page 8; and Attachments A, B, and D'', and ``The 
Washoe County Portion of the Nevada State Implementation Plan to Meet 
the PM2.5 Infrastructure SIP Requirements of Clean Air Act 
Section 110(a)(2), excluding the cover letter to NDEP and all 
Attachments and Appendices'' after the entry ``Nevada's Clean Air Act 
Sec.  110(a)(1) and (2) State Implementation Plan for the 2010 sulfur 
dioxide NAAQS, excluding the cover letter and appendices A-E for NDEP; 
excluding the cover letter to NDEP and attachments A-C for Clark 
County; and excluding the cover letter to NDEP, attachments A-C, and 
public notice information for Washoe County''.
    The revisions and additions read as follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *

                              Table 1--EPA-Approved Nevada Regulations and Statutes
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                                                             State                                Additional
          State citation              Title/subject     effective date   EPA approval date       explanation
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                                                  * * * * * * *
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 Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
                    Air Controls, Air Pollution; Nevada Air Quality Regulations--Definitions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
445B.1349........................  ``PM2.5 emissions''      10/27/2015  [INSERT Federal      Submitted on 12/11/
                                    defined.                             Register             15.
                                                                         CITATION], 2/16/
                                                                         2023.
 
                                                  * * * * * * *
445B.1355........................  ``PM10 emissions''       10/27/2015  [INSERT Federal      Submitted on 12/11/
                                    defined.                             Register             15.
                                                                         CITATION], 2/16/
                                                                         2023.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
                 Air Controls, Air Pollution; Nevada Air Quality Regulations--General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
445B.2203........................  Emissions of             10/27/2015  [INSERT Federal      Most recently
                                    particulate                          Register             approved version
                                    matter: Fuel-                        CITATION], 2/16/     was submitted on
                                    burning equipment.                   2023.                12/11/15.
 
                                                  * * * * * * *
445B.2207........................  Incinerator burning      10/27/2015  [INSERT Federal      Most recently
                                                                         Register             approved version
                                                                         CITATION], 2/16/     was submitted on
                                                                         2023.                12/11/15.
 
                                                  * * * * * * *
445B.22096.......................  Control measures         10/27/2015  [INSERT Federal      Most recently
                                    constituting BART;                   Register             approved version
                                    limitations on                       CITATION], 2/16/     was submitted on
                                    emissions.                           2023.                12/11/15.
445B.22097.......................  Standards of             05/16/2018  [INSERT Federal      Most recently
                                    quality for                          Register             approved version
                                    ambient air.                         CITATION], 2/16/     was submitted on
                                                                         2023.                12/11/15.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

[[Page 10049]]



                   EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                                               State
     Name of SIP provision        Applicable  geographic     submittal     EPA approval date      Additional
                                  or nonattainment area        date                               explanation
----------------------------------------------------------------------------------------------------------------
                           Air Quality Implementation Plan for the State of Nevada \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
The Nevada Division of           State-wide within NDEP         12/11/15  [INSERT Federal     NDEP
 Environmental Protection         jurisdiction.                            Register            ``Infrastructure'
 Portion of the Nevada State                                               CITATION], 2/16/    ' SIP for the
 Implementation Plan for the                                               2023.               2012 PM2.5 NAAQS.
 2012 Annual Primary Fine
 Particulate Matter NAAQS,
 excluding the cover letter;
 the part addressing the
 visibility requirements of CAA
 110(a)(2)(D)(i)(II) on page 9;
 and Appendices A-D and F-I.
The Clark County Portion of the  Clark County...........        12/11/15  [INSERT Federal     Clark County
 State Implementation Plan to                                              Register            ``Infrastructure'
 meet the PM2.5 SIP                                                        CITATION], 2/16/    ' SIP for the
 Requirements of the Clean Air                                             2023.               2012 PM2.5 NAAQS.
 Act Section 110(a)(2),
 excluding the cover letter to
 NDEP; the part of the
 submittal addressing the
 visibility requirements of CAA
 110(a)(2)(D)(i)(II) on page 8;
 and Attachments A, B, and D.
The Washoe County Portion of     Washoe County..........        12/11/15  [INSERT Federal     Washoe County
 the Nevada State                                                          Register            ``Infrastructure'
 Implementation Plan to Meet                                               CITATION], 2/16/    ' SIP for the
 the PM2.5 Infrastructure SIP                                              2023.               2012 PM2.5 NAAQS.
 Requirements of Clean Air Act
 Section 110(a)(2), excluding
 the cover letter to NDEP and
 all Attachments and Appendices.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\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).

0
3. Section 52.1472 is amended by adding paragraph (l) to read as 
follows:


Sec.  52.1472  Approval status.

* * * * *
    (l) 2012 24-hour PM2.5 NAAQS. The Nevada state implementation plan 
(SIP) submittal on December 11, 2015 is partially disapproved for the 
prevention of significant deterioration-related portions of Clean Air 
Act (CAA) elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for the 
NDEP and Washoe County portions of the Nevada SIP. CAA element 
110(a)(2)(J) for public notification is conditionally approved for NDEP 
and Washoe County.

[FR Doc. 2023-02999 Filed 2-15-23; 8:45 am]
BILLING CODE 6560-50-P