[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Rules and Regulations]
[Pages 32120-32125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10657]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0957; FRL-10543-02-R9]
Partial Approval, Conditional Approval, and Partial Disapproval
of Air Quality State Implementation Plans; Nevada; Infrastructure
Requirements for Ozone
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 2015 national
ambient air quality standards (NAAQS) for ozone. As part of this
action, we are reclassifying a region of the State for emergency
episode planning purposes with respect to ozone. Finally, we are
approving a regulatory revision into the Nevada SIP.
DATES: This rule is effective June 20, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0957. 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: Nicole Law, Planning Section (AIR-2-
1), U.S. Environmental Protection Agency, Region IX, (415) 947-4126,
[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
[[Page 32121]]
``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 October 26, 2015, the EPA promulgated a revised NAAQS for ozone
(``the 2015 ozone NAAQS''), triggering a requirement for states to
submit infrastructure SIPs within three years of promulgation of the
revised NAAQS. The 2015 ozone NAAQS revised the 2008 8-hour ozone NAAQS
by lowering the primary and secondary 8-hour ozone standards from 75
parts per billion (ppb) to 70 ppb.\1\
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\1\ 80 FR 65292 (October 26, 2015).
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The Nevada Department of Environmental Protection (NDEP) made a
submittal addressing the infrastructure SIP requirements for the 2015
ozone NAAQS on September 28, 2018 (``Nevada's Infrastructure SIP
Submittal'').\2\ It included separate sections for Clark County \3\ and
Washoe County.\4\ We refer to each individual section as that agency's
or County's portion of the submittal. In accordance with CAA section
110(k)(1)(B), the infrastructure SIP became complete by operation of
law on March 28, 2019.
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\2\ Although NDEP submitted Nevada's Infrastructure SIP
Submittal electronically on September 28, 2018, the submittal letter
is dated October 1, 2018, from Greg Lovato, Administrator, Nevada
Division of Environmental Protection, to Mike Stoker, Regional
Administrator, U.S. EPA Region IX, RE: ``The Nevada State
Implementation Plan for the 2015 Primary and Secondary Ozone
NAAQS.''
\3\ Letter dated September 12, 2018, from Marci Henson,
Director, Clark County Department of Air Quality, to Greg Lovato,
Administrator, Nevada Division of Environmental Protection, RE:
``Clark County Portion of the Nevada Infrastructure State
Implementation Plan for the 2015 Ozone NAAQS.''
\4\ Letter dated August 28, 2018, from Charlene Albee, Director,
Washoe County Health District Air Quality Management Division, to
Greg Lovato, Administrator, Nevada Division of Environmental
Protection, Subject: ``2015 Ozone National Ambient Air Quality
Standard Infrastructure State Implementation Plan (SIP).''
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C. EPA's Proposal
1. Approvals and Partial Approvals
(a) Infrastructure SIP Requirements
On January 11, 2023, we proposed to approve and partially approve
Nevada's Infrastructure SIP Submittal for the requirements of the
following sections of the CAA: 5 6
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\5\ 88 FR 1537 (January 11, 2023).
\6\ All approvals are full approvals for NDEP, Clark County, and
Washoe County except where noted otherwise.
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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, see below): Interstate Pollution
Transport.
[cir] 110(a)(2)(D)(i)(II) (in part)--interference with PSD (prong
3) (approval for Clark County only).
[cir] 110(a)(2)(D)(ii) (in part)--interstate pollution abatement
(approval for Clark County only) and international air pollution (full
approval).
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, full approval for Clark County), and PSD and visibility
protection (full 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 a State Provision Into the Nevada SIP
As part of our proposed action on Nevada's Infrastructure SIP
Submittal, we proposed to approve a state regulation into the Nevada
SIP. Specifically, we proposed to approve into the SIP a new version of
Nevada Administrative Code (NAC) 445B.22097, which revises the 8-hour
ozone standard in the Nevada standards table from 0.075 to 0.070 parts
per million (ppm) to be consistent with the 2015 ozone NAAQS and
deletes the ``National Standards'' and ``Method'' columns because both
are for reference only and are often out-of-date compared to the
referenced federal regulations.
2. Conditional Approvals
The EPA proposed to conditionally approve portions of the NDEP and
Washoe County Infrastructure SIP Submittals addressing the public
notification requirements of CAA section 110(a)(2)(J) for the 2015
ozone NAAQS based on commitments from NDEP and Washoe County to adopt
and submit specific enforceable measures to address the deficiencies
identified in our proposed rulemaking.\7\
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\7\ Letter dated September 9, 2022, from Greg Lovato,
Administrator, Nevada Division of Environmental Protection, to
Martha Guzman, Regional Administrator, U.S. EPA Region IX, Re:
``Request for Conditional Approval of Nevada's Infrastructure State
Implementation Plan for the 2012 PM2.5 and 2015 Ozone
National Ambient Air Quality Standards.'' and Letter dated September
2, 2022, from Greg Lovato, Administrator, Nevada Division of
Environmental Protection to Martha Guzman, Regional Admin, Re:
Nevada's Infrastructure State Implementation Plan for the 2012
PM2.5 National Ambient Air Quality Standard dated
September 9, 2022 that enclosed the letter from Francisco Vega,
Director, Air Quality Management Division, Washoe County Health
Division to Greg Lovato, Administrator, Nevada Division of
Environmental Protection and Martha Guzman, EPA, Re: ``Request for
Conditional Approval of Nevada's Infrastructure State Implementation
Plan for the 2012 PM2.5 and 2015 Ozone National Ambient
Air Quality Standards.''
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[[Page 32122]]
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 NDEP and Washoe County).
110(a)(2)(D)(i)(II) (in part): interference with PSD
(prong 3) (disapproval for NDEP and Washoe County).
110(a)(2)(D)(ii) (in part): interstate pollution abatement
(disapproval for NDEP and Washoe County).
110(a)(2)(J) (in part): PSD (disapproval for 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 Federal
Implementation Plan (FIP) consequences, as both agencies already
implement the Federal PSD program at 40 CFR 52.21 for all regulated NSR
pollutants, pursuant to delegation agreements with the EPA.
4. Reclassification
We proposed to retain the Priority I classification for the Las
Vegas Intrastate Air Quality Control Regions (AQCR) and Priority III
classification for the Nevada Intrastate AQCR. We proposed to
reclassify the Northwest Nevada Intrastate AQCR from Priority III to
Priority I for ozone. Priority I regions are required to have SIP-
approved emergency episode plans, which are also called ``contingency
plans.''
5. 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 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.\8\ 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 and is therefore not acting on
the requirement as part of this action.
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\8\ See letter dated August 12, 2022, from Greg Lovato,
Administrator, Nevada Department of Environmental Protection, to
Martha Guzman, Regional Administrator, EPA Region IX, Subject: ``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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Additionally, the EPA did not propose action on the following CAA
requirements because they are addressed in separate rulemakings: \9\
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\9\ 88 FR 9336 (February 13, 2023).
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110(a)(2)(D) (in part, see below): 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)--significant contribution to a maintenance
area (prong 2).
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period
that ended on February 10, 2023. During this period, the EPA received
one anonymous comment. The full text of the comment is available in the
docket for this rulemaking.
The comment recommended that the federal government take immediate
action to clean the air and suggested that the state of Utah has failed
to clean the air in valley areas like Salt Lake and the Uinta Basin.
Additionally, the comment states there is a water crisis and the
federal government needs to take leadership. 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 2015 Ozone 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 2015 Ozone
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, see below): Interstate Pollution
Transport.
[cir] 110(a)(2)(D)(i)(II) (in part)--interference with PSD (prong
3) (approval for Clark County only).
[cir] 110(a)(2)(D)(ii) (in part)--interstate pollution abatement
(approval for Clark County only) and international air pollution (full
approval).
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, full approval for Clark County), and PSD and visibility
protection (full 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 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 2015 Ozone 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 NDEP and Washoe County).
110(a)(2)(D)(i)(II) (in part): interference with PSD
(prong 3) (disapproval for NDEP and Washoe County).
110(a)(2)(D)(ii) (in part): interstate pollution abatement
(disapproval for NDEP and Washoe County).
110(a)(2)(J) (in part): PSD (disapproval for 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 FIP 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 an Updated Nevada State-Wide Provision
In this final action, the EPA is also approving into the Nevada SIP
revisions
[[Page 32123]]
to the Nevada Administrative Code (NAC). The EPA is approving a new
version of NAC 445B.22097, which revises the 8-hour ozone standard in
the Nevada standards table from 0.075 to 0.070 parts per million (ppm)
to be consistent with the 2015 ozone NAAQS. The updated provisions
strengthen the SIP or clarify certain terms in the SIP, as discussed in
our proposed rulemaking, and meet the requirements of CAA sections
110(a)(2), 110(l), and 193. Therefore, the EPA is approving the
submitted revised rule 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 AQCRs as Priority I and the classification of the Nevada
Intrastate AQCR as Priority III for emergency episodes. This rule
reclassifies the Northwest Nevada Intrastate AQCR to Priority I.
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 found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review, Executive
Order 13563: Improving Regulation and Regulatory Review, and Executive
Order 14094: Modernizing 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
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Under the CAA, 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 review state choices,
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this final action is approving in part, conditionally
approving in part, and disapproving in part a state implementation plan
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law.
The State did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this
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action. Due to the nature of the action being taken here, this action
is expected to have a neutral to positive impact on the air quality of
the affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal 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 July 18, 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: May 15, 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), amend table 1 by:
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--General
Provisions'', 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 2015 Ozone NAAQS: Demonstration of
Adequacy, excluding the cover letter; the part addressing the
requirements of CAA 110(a)(2)(D)(i)(I); and Appendices'', ``The Clark
County Portion of the State Implementation Plan to meet the Ozone
Infrastructure SIP Requirement of Clean Air Act Section 110(a)(2),
excluding the cover letter to NDEP; the part of the submittal
addressing the requirements of CAA 110(a)(2)(D)(i)(I); and Attachment
A'', and ``The Washoe County Portion of the Nevada State Implementation
Plan to Meet the Ozone Infrastructure SIP Requirements of Clean Air Act
Section 110(a)(2), excluding the cover letter to NDEP, the part of the
submittal addressing the requirements of CAA 110(a)(2)(D)(i)(I), and
all Attachments and Appendices.'' after the entry ``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''.
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 effective Additional
State citation Title/subject date EPA approval date explanation
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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--General Provisions
* * * * * * *
445B.22097...................... Standards of 05/16/2018........ [INSERT Federal Most recently
quality for Register approved version
ambient air. CITATION], 05/19/ was submitted on
2023. 12/11/15.
* * * * * * *
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* * * * *
(e) * * *
EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State submittal EPA approval date Additional
nonattainment area date explanation
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AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA \1\
[[Page 32125]]
* * * * * * *
The Nevada Division of State-wide within 9/28/18........... [INSERT Federal NDEP
Environmental Protection NDEP jurisdiction. Register ``Infrastructure'
Portion of the Nevada State CITATION], 05/19/ ' SIP for the
Implementation Plan for the 2023. 2015 Ozone NAAQS.
2015 Ozone NAAQS: Demonstration
of Adequacy, excluding the
cover letter; the part
addressing the requirements of
CAA 110(a)(2)(D)(i)(I); and
Appendices.
The Clark County Portion of the Clark County...... 9/28/18........... [INSERT Federal Clark County
State Implementation Plan to Register ``Infrastructure'
meet the Ozone Infrastructure CITATION], 05/19/ ' SIP for the
SIP Requirement of Clean Air 2023. 2015 Ozone NAAQS.
Act Section 110(a)(2),
excluding the cover letter to
NDEP; the part of the submittal
addressing the requirements of
CAA 110(a)(2)(D)(i)(I); and
Attachment A.
The Washoe County Portion of the Washoe County..... 9/28/18........... [INSERT Federal Washoe County
Nevada State Implementation Register ``Infrastructure'
Plan to Meet the Ozone CITATION], 05/19/ ' SIP for the
Infrastructure SIP Requirements 2023. 2015 Ozone NAAQS.
of Clean Air Act Section
110(a)(2), excluding the cover
letter to NDEP the part of the
submittal addressing the
requirements of CAA
110(a)(2)(D)(i)(I), and all
Attachments and Appendices.
* * * * * * *
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0
3. Section 52.1472 is amended by revising paragraph (k) to read as
follows:
Sec. 52.1472 Approval status.
* * * * *
(k) 2015 8-hour ozone NAAQS. The SIP submittal from October 1,
2018, is disapproved for Clean Air Act (CAA) section 110(a)(2)(D)(i)(I)
(prongs 1 and 2) for the NDEP, Clark County, and Washoe County portions
of the Nevada SIP submission. The Nevada state implementation plan
(SIP) submittal on October 1, 2018 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. 2023-10657 Filed 5-18-23; 8:45 am]
BILLING CODE 6560-50-P