[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Proposed Rules]
[Pages 7318-7320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02088]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0494; FRL-9931-01-R9]


Air Plan Approval; Nevada; Clark County Department of Environment 
and Sustainability; Nonattainment New Source Review; 2015 Ozone 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Nevada addressing the nonattainment new source review (NNSR) 
requirements for the 2015 ozone National Ambient Air Quality Standards 
(NAAQS). This SIP revision addresses the Clark County Department of 
Environment and Sustainability (DES or ``Department'') portion of the 
Nevada SIP. This action is being taken pursuant to the Clean Air Act 
(CAA or ``Act'') and its implementing regulations.

DATES: Comments must be received on or before March 4, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0494, 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://www2.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: Amita Muralidharan, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4140 or by 
email at [email protected].

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

Table of Contents

I. Background and Purpose
II. The State's Submittal
    A. What did the State submit?
    B. What is the purpose of the submitted certification letter?
III. Analysis of Nonattainment New Source Review Requirements
IV. Proposed Action and Public Comment
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On October 26, 2015, the EPA promulgated a revised ozone NAAQS of 
0.070 parts per million (ppm).\1\ Upon promulgation of a new or revised 
NAAQS, the CAA requires the EPA to designate as nonattainment any area 
that is violating the NAAQS based on the three most recent years of 
ambient

[[Page 7319]]

air quality data. This action relates to Clark County, which was 
designated nonattainment for the 2015 ozone NAAQS on June 4, 2018.\2\ 
Within Clark County, the Las Vegas Valley \3\ was classified as a 
``Marginal'' ozone nonattainment area for the 2015 ozone NAAQS. On 
January 5, 2023, the area was reclassified by operation of law to a 
``Moderate'' ozone nonattainment area for failing to attain the 2015 
ozone NAAQS by the applicable attainment date.\4\ However, because the 
Department certified that its SIP-approved NNSR program satisfies the 
requirements for a Marginal area only, this action is only proposing to 
approve the Department's certification as it pertains to a Marginal 
ozone nonattainment area.
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    \1\ 80 FR 65292 (October 26, 2015).
    \2\ 83 FR 25776 (June 4, 2018).
    \3\ The Las Vegas Valley is the portion of Clark County referred 
to as Hydrographic Area 212. Hydrographic areas are shown on the 
State of Nevada Division of Water Resources' map titled ``Water 
Resources and Inter-basin Flows'' (September 1971).
    \4\ 88 FR 775 (January 5, 2023).
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    On December 6, 2018, the EPA issued a final rule entitled, 
``Implementation of the 2015 National Ambient Air Quality Standards for 
Ozone: Nonattainment Area State Implementation Plan Requirements,'' 
(``2015 SIP Requirements Rule'') which establishes the requirements and 
deadlines that state, tribal, and local air quality management agencies 
must meet as they develop implementation plans for areas where ozone 
concentrations exceed the 2015 ozone NAAQS.\5\ Based on the initial 
nonattainment designation for the 2015 ozone standards, the Department 
was required to make a SIP revision addressing NNSR no later than 
August 3, 2021.\6\ This requirement may be met by submitting a SIP 
revision consisting of a new or revised NNSR permit program, or an 
analysis demonstrating that the existing SIP-approved NNSR permit 
program meets the applicable 2015 ozone requirements and a letter 
certifying the analysis.
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    \5\ 83 FR 62998 (December 6, 2018). The 2015 SIP Requirements 
Rule addresses a range of nonattainment area SIP requirements for 
the 2015 ozone NAAQS, including requirements pertaining to 
attainment demonstrations, reasonable further progress (RFP), 
reasonably available control technology, reasonably available 
control measures, major new source review, emission inventories, and 
the timing of SIP submissions and of compliance with emission 
control measures in the SIP.
    \6\ 40 CFR 51.1314.
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II. The State's Submittal

A. What did the State submit?

    The submitted 2015 Ozone Certification letter addressed by this 
proposal was adopted by the Department on July 20, 2021. It was 
submitted by the Nevada Division of Environmental Protection (NDEP), 
the agency that serves as the governor's designee for Nevada SIP 
submittals, on August 5, 2021, by a letter dated August 3, 2021.
    NDEP's August 5, 2021 submittal of the Clark County DES 2015 Ozone 
Certification letter was deemed by operation of law to meet the 
completeness criteria in 40 CFR part 51, Appendix V on February 5, 
2022, which must be met before formal EPA review.

B. What is the purpose of the submitted certification letter?

    The Department's submittal is intended to satisfy the 2015 SIP 
Requirements Rule that requires States to make a SIP revision 
addressing NNSR. The Department's portion of the Nevada SIP currently 
contains its NNSR permit program that was approved in 2014, prior to 
the Las Vegas Valley's current ozone nonattainment designation.\7\ The 
submitted certification letter provides a mechanism for the Department 
to satisfy the 40 CFR 51.1314 submittal requirements based on its 2015 
Marginal ozone nonattainment designation. The EPA's analysis of how 
this SIP revision addresses the NNSR requirements for the 2015 ozone 
NAAQS is provided below.
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    \7\ 79 FR 62350 (October 17, 2014).
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III. Analysis of Nonattainment New Source Review Requirements

    NNSR is a preconstruction review permit program that applies to new 
major stationary sources or major modifications at existing sources 
within a nonattainment area and is required under CAA sections 
172(c)(5) and 173.
    As mentioned in Section I of this notice, NNSR permit program 
requirements were adopted for the 2015 ozone NAAQS at 40 CFR 51.1314 as 
part of the 2015 SIP Requirements Rule.\8\ The minimum SIP requirements 
for NNSR permitting programs for the 2015 ozone NAAQS are contained in 
40 CFR 51.165. These NNSR program requirements include those 
promulgated in the 2015 SIP Requirements Rule implementing the 2015 
ozone NAAQS. The SIP for each ozone nonattainment area must contain 
NNSR provisions that: (1) set major source thresholds for nitrogen 
oxides (NOX) and volatile organic compounds (VOC) pursuant 
to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2); (2) classify physical 
changes as a major source if the change would constitute a major source 
by itself pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3); (3) consider any 
significant net emissions increase of NOX as a significant 
net emissions increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); 
(4) consider any increase of VOC emissions in Extreme ozone 
nonattainment areas as a significant net emissions increase and a major 
modification for ozone pursuant to 40 CFR 51.165(a)(1)(v)(F); (5) set 
significant emissions rates for VOC and NOX as ozone 
precursors pursuant to 40 CFR 51.165(a)(1)(x)(A)-(C) and (E); (6) 
contain provisions for emissions reductions credits pursuant to 40 CFR 
51.165(a)(3)(ii)(C)(1)-(2); (7) provide that the requirements 
applicable to VOC also apply to NOX pursuant to 40 CFR 
51.165(a)(8); (8) set offset ratios for VOC and NOX pursuant 
to 40 CFR 51.165(a)(9)(ii)-(iv); and (9) require public participation 
procedures compliant with 40 CFR 51.165(i).
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    \8\ 83 FR 62998 (December 6, 2018).
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    The Department's SIP-approved NNSR program,\9\ established in 
Section 12.3 of the Clark County Air Quality Regulations, applies to 
the construction and modification of stationary sources, including 
major stationary sources in nonattainment areas under its jurisdiction. 
The Department's submitted SIP revision includes a compliance 
demonstration, consisting of a table listing each of the 2015 ozone 
NAAQS NNSR SIP requirements from 40 CFR 51.165 and a citation to the 
specific provision of the rule satisfying the requirement. The 
submittal also includes a certification by the Department that the 
cited rules meet the federal NNSR requirements for the Marginal ozone 
nonattainment designation. These documents, including our Summary of 
Evaluation \10\ of the Department's submittal, are available in the 
docket for this action.
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    \9\ 79 FR 62350 (October 17, 2014).
    \10\ Our review of the Department's submittal is included in a 
Memorandum to Docket EPA-R09-OAR-2022-0494, titled ``EPA Summary of 
Evaluation--Clark County Department of Environment and 
Sustainability 2021 Ozone Certification,'' dated November 28, 2023.
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    The EPA has reviewed the demonstration and cited program elements 
intended to meet the federal NNSR requirements for the 2015 ozone NAAQS 
and is proposing to approve the Department's submittal because the 
current SIP-approved NNSR program satisfies all the 2015 SIP 
Requirements Rule NNSR program requirements applicable to the Las Vegas 
Valley as a Marginal ozone nonattainment area.

IV. Proposed Action and Public Comment

    The EPA is proposing to approve a SIP revision addressing the NNSR 
requirements for the 2015 ozone

[[Page 7320]]

NAAQS for the Department. In support of this proposed action, we have 
concluded that our approval of the submitted 2015 ozone certification 
for the Department would comply with section 110(l) of the Act because 
our approval of the ozone certification will not interfere with 
continued attainment or maintenance of the NAAQS in the Department. 
Similarly, we find that the submitted revision is approvable under 
section 193 of the Act because it does not modify any control 
requirement in effect before November 15, 1990, without ensuring 
equivalent or greater emission reductions. The EPA has concluded that 
the State's submission fulfills the 40 CFR 51.1314 revision requirement 
and meets the requirements of CAA sections 110, 172(c)(5), 173, 
182(a)(2)(C), 193, and the minimum SIP requirements of 40 CFR 51.165. 
If we finalize this action as proposed, our action will incorporate 
this certification into the federally enforceable SIP and be codified 
through revisions to 40 CFR 52.1470 (Identification of plan).
    The EPA has made, and will continue to make, the State's submission 
and all other materials available electronically 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). We will accept comments from the 
public on this proposal until March 4, 2024.

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 law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it proposes to approve a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    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. 
The 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.'' The 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.''
    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. The EPA 
did not perform an EJ analysis and did not consider EJ in this action. 
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.

List of Subjects in 40 CFR Part 52

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

    Dated: January 29, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-02088 Filed 2-1-24; 8:45 am]
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