[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Rules and Regulations]
[Pages 37137-37139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09308]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0494; FRL-9931-02-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 (``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: This rule is effective on June 5, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0494. 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

[[Page 37138]]

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. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On February 2, 2024 (89 FR 7318), the EPA proposed to approve the 
SIP revision listed in table 1 of this document, addressing the NNSR 
requirements for the 2015 ozone NAAQS for the Department.

                                     Table 1--Submitted Certification Letter
----------------------------------------------------------------------------------------------------------------
                       Air pollution control agency                           Adoption date   Submittal date \1\
----------------------------------------------------------------------------------------------------------------
Clark County Department of Environment and Sustainability.................        7/20/2021            8/5/2021
----------------------------------------------------------------------------------------------------------------
\1\ The submitted certification letter was dated August 3, 2021. The electronic submittal was received by EPA on
  August 5, 2021.

    We proposed approval of the submitted SIP revision because we 
determined that the 2015 ozone certification submitted by the 
Department 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. Our proposed 
action contains more information on the SIP revision and our 
evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received one comment in support of this action. 
The comment outlines the air quality improvements that will result from 
finalizing this action. The EPA has considered this comment in its 
final decision to approve the Department's SIP revision.

III. EPA Action

    One favorable comment was received during the 30-day public comment 
period. Therefore, as authorized in section 110(k)(3) of the Act, the 
EPA is approving this certification into the Nevada SIP as proposed.

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 action merely approves 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 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 approves 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, 
February 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 
Executive Order 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 July 5, 2024. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for

[[Page 37139]]

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, Intergovernmental relations, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 22, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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, in paragraph (e), by adding an entry to the 
table for ``Revision to the Nevada State Implementation Plan for the 
2015 Ozone NAAQS: Nonattainment Major NSR Requirements: Las Vegas 
Valley Nonattainment Area'' after the entry for ``Revision to Nevada 
2015 Eight-Hour Ozone Plan, Emissions Inventory Requirement for the Las 
Vegas Valley Nonattainment Area, Clark County, NV (October 15, 2020)'' 
to read as follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (e) * * *

                   EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                  Applicable geographic   State submittal
     Name of SIP provision        or nonattainment area         date        EPA approval date     Explanation
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                           Air Quality Implementation Plan for the State of Nevada \1\
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                                                  * * * * * * *
Revision to the Nevada State     Las Vegas Valley, Clark        8/5/2021   [INSERT FEDERAL     This is an
 Implementation Plan for the      County.                                   REGISTER            approval of
 2015 Ozone NAAQS:                                                          CITATION], 5/6/     Clark County's
 Nonattainment Major NSR                                                    2024.               certification
 Requirements: Las Vegas Valley                                                                 that the
 Nonattainment Area.                                                                            existing
                                                                                                Nonattainment
                                                                                                New Source
                                                                                                Review program
                                                                                                is at least as
                                                                                                stringent as the
                                                                                                requirements of
                                                                                                40 CFR 51.165
                                                                                                for the 2015
                                                                                                ozone NAAQS.
 
                                                  * * * * * * *
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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).

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[FR Doc. 2024-09308 Filed 5-3-24; 8:45 am]
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