[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Rules and Regulations]
[Pages 23916-23918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07199]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0955; FRL-10549-02-R9]


Approval of Implementation Plans for Air Quality Planning 
Purposes; State of Nevada; Clark County Second 10-Year Maintenance Plan 
for the 1997 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve, as a revision of the Nevada state implementation 
plan (SIP), the State's second 10-year plan for maintaining the 1997 8-
hour ozone standard in Clark County (``Clark County Second Maintenance 
Plan'' or ``Plan''). The Clark County Second Maintenance Plan includes, 
among other elements, a base year emissions inventory, a maintenance 
demonstration, contingency provisions, and motor vehicle emissions 
budgets for use in transportation conformity determinations to ensure 
the continued maintenance of the 1997 National Ambient Air Quality 
Standards for ozone (``1997 ozone NAAQS'' or ``1997 8-hour ozone 
standard''). With this action, the EPA is approving the motor

[[Page 23917]]

vehicle emissions budgets for 2017, 2023, and 2033. The EPA is taking 
this final action because the SIP revision meets the applicable 
statutory and regulatory requirements for such plans and motor vehicle 
emissions budgets.

DATES: This action is effective on May 6, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0955. 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 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 a disability 
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: Andrew Ledezma, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3985 or by 
email at [email protected].

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

Table of Contents

I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews

I. Summary of Proposed Action

    On December 21, 2023, the EPA proposed to approve two submittals 
from the Nevada Division of Environmental Protection (NDEP) as a 
revision to the Nevada SIP: the Clark County Second Maintenance Plan 
dated December 21, 2021, and a supplement to the Clark County Second 
Maintenance Plan (``Contingency Provision Supplement'') dated August 
16, 2023.\1\ We refer to the Clark County Second Maintenance Plan and 
the Contingency Provision Supplement collectively as the ``Clark County 
Second Maintenance Plan.'' We proposed to find that the Clark County 
Second Maintenance Plan adequately demonstrates that the Clark County 
area will maintain the 1997 ozone NAAQS through 2033 (i.e., for more 
than 10 years beyond the first 10-year maintenance period), with the 
maintenance period ending on February 7, 2033. We also proposed to find 
that the Plan includes sufficient contingency provisions to promptly 
correct any violation of the 1997 ozone NAAQS that may occur. Lastly, 
we proposed to find that the motor vehicle emissions budgets 
(``budgets'') for volatile organic compounds (VOC) and nitrogen oxides 
(NOX) for 2017, 2023, and 2033 were adequate.
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    \1\ 88 FR 88300.
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    Please see our proposed rule for a detailed discussion of the 
background for this action and substantive review of the Clark County 
Second Maintenance Plan and associated budgets.

II. Public Comments and EPA Responses

    Our December 21, 2023 proposed rule provided a 30-day public 
comment period that closed on January 22, 2024. During this comment 
period we received no comments on our proposal.

III. Final Action

    Under CAA section 110(k)(3), and for reasons set forth in our 
December 21, 2023 proposed rule, the EPA is taking final action to 
approve the Clark County Second Maintenance submittal as a revision to 
the Nevada SIP. The EPA finds that the maintenance demonstration 
showing the area will continue to maintain the 1997 ozone NAAQS for an 
additional 10 years beyond the first maintenance period, and the 
contingency provisions describing the actions that NDEP will take in 
the event of a future monitored violation, meet all applicable 
requirements for maintenance plans and related contingency provisions 
in CAA section 175A. The EPA is also approving the budgets for VOC and 
NOX for 2017, 2023, and 2033 because they are derived from 
an approvable maintenance demonstration and are adequate and meet the 
applicable transportation conformity requirements under 40 CFR 
93.118(e).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this 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 
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
     Will not have disproportionately high and adverse human 
health or environmental effects on minority populations, low-income 
populations and/or indigenous peoples, as specified in Executive Order 
12898 (59 FR 7629, February 16, 1994), as discussed in section VI of 
the proposed rule.
    In addition, there are no areas of Indian country within the 
planning area, and the state plan for which the EPA is approving does 
not 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 Clark County Second Maintenance 
Plan does not apply, and therefore, this action does not have tribal 
implications and would 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

[[Page 23918]]

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 air agency did not evaluate EJ considerations as part of its 
SIP submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. The EPA's evaluation of 
environmental justice is described in the proposed rule titled, 
``Environmental Justice Considerations.'' The analysis was done for the 
purpose of providing additional context and information about this 
rulemaking to the public, not as a basis of the 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. 
In addition, there is no information in the record upon which this 
decision is based that is inconsistent with the stated goal of E.O. 
12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 4, 2024. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Particulate matter, Sulfur dioxide, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: March 29, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends Part 52, chapter I, title 40 of the Code of 
Federal Regulations 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. In Sec.  52.1470 in paragraph (e), amend the table by adding an 
entry for ``Revision to Motor Vehicle Emissions Budgets in Ozone 
Redesignation Request and Maintenance Plan: Clark County, Nevada 
(October 2018)'' after the entry for ``Ozone Redesignation Request and 
Maintenance Plan, Clark County, Nevada (March 2011)'' to read as 
follows:


Sec.  52.1470   Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Nevada Nonregulatory and Quasi-Regulatory Measures
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                                      Applicable
      Name of SIP provision          geographic or      State submittal    EPA approval date      Explanation
                                  nonattainment area         date
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                           Air Quality Implementation Plan for the State of Nevada \1\
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                                                  * * * * * * *
Second Maintenance Plan for the   Las Vegas, Nevada:  Clark County        [INSERT FEDERAL     Fulfills
 1997 8-hour Ozone NAAQS, Clark    that portion of     Second              REGISTER            requirement for
 County, Nevada (December 2021),   Clark County that   Maintenance Plan:   CITATION], 4/5/     second ten-year
 and Revision to Contingency       lies in             1/24/2022,          2024.               maintenance plan.
 Measures Plan in the Second       hydrogeographic     Contingency
 Maintenance Plan for the 1997 8-  areas 164A, 164B,   Measure Revision:
 hour Ozone NAAQS (July 2023).     165, 166, 167,      8/16/2023.
                                   212, 213, 214,
                                   216, 217, and
                                   218, but
                                   excluding the
                                   Moapa River
                                   Indian
                                   Reservation and
                                   the Fort Mohave
                                   Indian
                                   Reservation.
 
                                                  * * * * * * *
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\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).

[FR Doc. 2024-07199 Filed 4-4-24; 8:45 am]
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