Approval and Promulgation of Implementation Plans; Nevada; Determination of Attainment for the Clark County 8-Hour Ozone Nonattainment Area, 17343-17347 [2011-7221]

Download as PDF 17343 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations Forest Idaho roadless area Number WLR * Payette ................ * Big Creek Fringe ..... * 009 .................... * Payette ................ * Placer Creek ........... * 008 .................... * * [FR Doc. 2011–7247 Filed 3–28–11; 8:45 am] BILLING CODE 3410–11–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2011–0169; FRL–9286–8] Approval and Promulgation of Implementation Plans; Nevada; Determination of Attainment for the Clark County 8-Hour Ozone Nonattainment Area Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is determining that the Clark County (Nevada) 8-hour ozone nonattainment area has attained the 1997 8-hour ozone national ambient air quality standards (NAAQS). This determination is based upon complete, quality-assured, and certified ambient air monitoring data that show the area has monitored attainment of the 1997 8hour ozone NAAQS for the 2007 to 2009 monitoring period. Preliminary air quality monitoring data available for 2010 are consistent with continued attainment. Based on this determination, the obligation for the State of Nevada to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning requirements related to attainment of the 1997 8-hour ozone NAAQS for the Clark County ozone nonattainment area shall be suspended for as long as the nonattainment area continues to meet the 1997 8-hour ozone NAAQS. This action is being taken under the Clean Air Act (CAA). DATES: This action is effective on May 31, 2011 without further notice, unless EPA receives adverse comment by April 28, 2011. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 SUMMARY: VerDate Mar<15>2010 13:46 Mar 28, 2011 Jkt 223001 GFRG SAHTS FPSA X * .................... .................... * .................... X * BCR * .................... .................... * .................... * .................... * * Dated: March 22, 2011. Thomas L. Tidwell, Chief, U.S. Forest Service. Primitive * X * * informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2011–0169 by one of the following methods: 1. http://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: kelly.johnj@epa.gov. 3. Fax: (415) 947–3579. 4. Mail: ‘‘EPA–R09–OAR–2011–0169,’’ Lisa Hanf, Chief, Air Planning Office, Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street (Air–2), San Francisco, California 94105. 5. Hand Delivery or Courier: At the previously-listed EPA Region IX address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R09–OAR–2011– 0169. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through http:// www.regulations.gov or by e-mail information that you consider to be CBI or otherwise protected. The http:// www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 * * cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at http:// www.epa.gov/dockets/. Docket: All documents in the electronic docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, for example, 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 either electronically in http:// www.regulations.gov or in hard copy at the Air Planning Office, Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street (Air–2), San Francisco, California 94105. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection during normal business hours. John Kelly, (415) 947–4151, or by e-mail at kelly.johnj@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Table of Contents I. What determination is EPA making? II. What is the background for this action? A. The Clark County Ozone Nonattainment Area B. Determination of Attainment C. Ambient Air Quality Monitoring Data III. What is the effect of this action? A. Determination of Attainment B. Subpart 1 Designation IV. What is EPA’s analysis of the relevant air quality data? V. EPA’s Final Action VI. Statutory and Executive Order Reviews E:\FR\FM\29MRR1.SGM 29MRR1 17344 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations I. What determination is EPA making? EPA is determining that the Clark County (Nevada) 8-hour ozone nonattainment area (‘‘Clark County ozone nonattainment area’’) has attained the 1997 8-hour ozone NAAQS. The Clark County ozone nonattainment area is composed of a portion of Clark County in Nevada.1 EPA’s determination is based upon complete, quality-assured, and certified ambient air quality monitoring data for the years 2007 to 2009 showing that the Clark County ozone nonattainment area has monitored attainment of the 1997 8hour ozone NAAQS. Preliminary air quality monitoring data available for 2010 are consistent with continued attainment. On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour ozone standard of 0.075 parts per million (ppm). On January 6, 2010, EPA again addressed this 2008 revised standard and proposed to set the primary 8-hour ozone standard within the range of 0.060 to 0.070 ppm, rather than at 0.075 ppm. EPA is working to complete reconsideration of the standard and thereafter will proceed with attainment/nonattainment area designations. This rulemaking relates only to a determination of attainment for the 1997 8-hour ozone standard and is not affected by the ongoing process of reconsidering the revised 2008 standard. This action addresses only the 1997 8hour ozone standard of 0.08 ppm, and does not address any subsequently revised 8-hour ozone standard. II. What is the background for this action? wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 A. The Clark County Ozone Nonattainment Area In 1997, EPA revised the health-based NAAQS for ozone, setting it at 0.08 ppm averaged over an 8-hour timeframe. EPA set the 8-hour ozone standard based on scientific evidence demonstrating that ozone causes adverse health effects at lower ozone concentrations and over longer periods of time, than was understood when the pre-existing 1hour ozone standard was set. EPA determined that the 8-hour standard would be more protective of human 1 The boundaries of the Clark County ozone nonattainment area are defined in 40 CFR 81.329. Specifically, the area is defined as: ‘‘That portion of Clark County that lies in hydrographic areas 164A, 164B, 165, 166, 167, 212, 213, 214, 216, 217, and 218 but excluding the Moapa River Indian Reservation and the Fort Mojave Indian Reservation.’’ The area includes a significant portion of the unincorporated portions of central and southern Clark County, as well as the cities of Las Vegas, Henderson, North Las Vegas, and Boulder City. VerDate Mar<15>2010 13:46 Mar 28, 2011 Jkt 223001 health, especially children and adults who are active outdoors, and individuals with a pre-existing respiratory disease, such as asthma. On April 30, 2004 (69 FR 23858), EPA finalized its attainment/nonattainment designations for areas across the country with respect to the 8-hour ozone standard. In that action we designated Clark County as nonattainment and provided that this designation would become effective on June 15, 2004. Following the April 2004 final rule, the State of Nevada submitted additional information requesting that the boundaries of the area to be designated nonattainment be reconsidered. In response, EPA granted a deferral of the effective date for Clark County to consider this information. See 69 FR 34076 (June 18, 2004). On September 17, 2004, EPA reduced the geographic extent of the ozone nonattainment area to encompass a portion of, but not all of, Clark County. See 69 FR 55956 (September 17, 2004) and 40 CFR 81.329. In 2005, we published a final rule that we would treat the effective date of the partial-county nonattainment area designation the same as the designations for the rest of the country, i.e., June 15, 2004. See 70 FR 71612 (November 29, 2005) and 40 CFR 51.917. B. Determination of Attainment Under the provisions of EPA’s ozone implementation rule for the 1997 ozone NAAQS (see 40 CFR 51.918), if EPA issues a determination that an area is attaining the standard (through a rulemaking that includes public notice and comment), it will suspend the area’s obligations to submit an attainment demonstration, RACM, RFP, contingency measures and other planning requirements related to attainment for as long as the area continues to attain. The determination of attainment is not equivalent to a redesignation. The State must still meet the statutory requirements for redesignation in order to be redesignated to attainment. C. Ambient Air Quality Monitoring Data Complete, quality-assured, and certified 8-hour ozone air quality monitoring data for 2007 through 2009, as well as preliminary data available to date for 2010, show that the Clark County ozone nonattainment area has attained, and continues to attain, the 1997 8-hour ozone NAAQS. III. What is the effect of this action? As noted, under 40 CFR section 51.918, the effect of today’s determination of attainment is to PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 suspend the obligation to submit certain planning requirements described above; however, it does not constitute a redesignation to attainment under section 107(d)(3) of the CAA. The designation status of the Clark County ozone nonattainment area remains nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA determines that the area meets the CAA requirements for redesignation to attainment, including an approved maintenance plan. A. Determination of Attainment EPA is determining that the Clark County ozone nonattainment area is attaining the 1997 8-hour ozone NAAQS. In accordance with 40 CFR 51.918, based on this determination, the obligation under the CAA for the State of Nevada to submit an attainment demonstration and RACM, RFP plan, contingency measures, and any other planning requirements related to attainment of the 1997 8-hour ozone NAAQS for the Clark County ozone nonattainment area is suspended for so long as the area continues to attain the 1997 8-hour ozone NAAQS. Although these requirements are suspended, EPA is not precluded from acting upon these elements, if Nevada submits them for EPA review and approval. The effect of this determination is to: (1) Suspend the requirements to submit an attainment demonstration, RACM, RFP plan, contingency measures, and any other planning requirements related to attainment of the 1997 8-hour ozone NAAQS; (2) Continue until such time, if any, that EPA (i) redesignates the area to attainment at which time those requirements no longer apply, or (ii) subsequently determines that the area has violated the 1997 8-hour ozone NAAQS; (3) Be separate from, and not influence or otherwise affect, any future designation determination or requirements for the area based on any new or revised ozone NAAQS; and (4) Remain in effect regardless of whether EPA designates this area as a nonattainment area for purposes of any new or revised ozone NAAQS. If EPA subsequently determines, after notice-and-comment rulemaking, that the Clark County ozone nonattainment area has violated the 1997 8-hour ozone NAAQS, the basis for the suspension of the specific requirements, set forth at 40 CFR 51.918, would no longer exist, and the Clark County ozone nonattainment area would thereafter have to address applicable requirements. E:\FR\FM\29MRR1.SGM 29MRR1 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 B. Subpart 1 Designation Under the implementation rule for the 1997 8-hour ozone standard, EPA designated certain areas under title I, part D, subpart 1 of the CAA (subpart 1) if they had a 1-hour design value below 0.121 ppm. As discussed above, in 2004, EPA designated a portion of Clark County nonattainment under subpart 1 for the 1997 8-hour ozone standard. In June 2007, the United States Court of Appeals for the District of Columbia Circuit (DC Circuit Court) vacated the portion of the 1997 ozone implementation rule that allowed areas to be designated under subpart 1. On January 16, 2009 (74 FR 2936), EPA published a proposed rule to address, among other issues, the DC Circuit Court vacatur of the classification system that EPA used to designate a subset of initial 1997 8-hour ozone nonattainment areas under subpart 1. In that rulemaking, EPA proposed that all areas designated nonattainment for the 1997 8-hour ozone NAAQS under subpart 1 would be classified as subpart 2 areas (hereafter referred to as the ‘‘Subpart 1/Subpart 2 1997 8-Hour Ozone Rulemaking’’). The Clark County ozone nonattainment area is among those areas that would be classified under subpart 2 if EPA’s proposal is finalized. EPA has not yet completed its final rulemaking action for the Subpart 1/Subpart 2 1997 8-Hour Ozone Rulemaking. When the Subpart 1/ Subpart 2 1997 8-Hour Ozone Rulemaking is finalized, and if the Clark County ozone nonattainment area continues in attainment for the 1997 8hour ozone NAAQS, EPA will address in a future rulemaking the consequences of a determination of attainment for any requirements to which the Clark County ozone nonattainment area becomes subject as a result of its reclassification. If, after the Clark County ozone nonattainment area is classified under subpart 2, EPA determines in a future rulemaking that the Clark County ozone nonattainment area continues to be in attainment, then the obligation to submit the applicable attainment planning-related requirements for its new classification would be suspended in accordance with 40 CFR 51.918. IV. What is EPA’s analysis of the relevant air quality data? A determination of whether an area’s air quality meets the ozone NAAQS is generally based upon the most recent three years of complete, quality-assured data gathered at established National Air Monitoring Stations (‘‘NAMS’’) or State and Local Air Monitoring Stations (‘‘SLAMS’’) in the nonattainment area VerDate Mar<15>2010 13:46 Mar 28, 2011 Jkt 223001 and entered into the EPA Air Quality System (‘‘AQS’’) database. Data from air monitors operated by State/local agencies in compliance with EPA monitoring requirements must be submitted to the EPA AQS database. Heads of monitoring agencies annually certify that these data are accurate to the best of their knowledge. Accordingly, EPA relies primarily on data in its AQS database when determining the attainment status of areas. See 40 CFR 50.10; 40 CFR part 50, appendix I; 40 CFR part 53; 40 CFR part 58, appendices A, C, D and E. All data are reviewed to determine the area’s air quality status in accordance with 40 CFR part 50, appendix I. Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone standard is attained at a site when the 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentrations at an ozone monitor is less than or equal to 0.08 ppm. See 40 CFR 50.10. This 3-year average is referred to as the design value. When the design value is less than or equal to 0.084 ppm (based on the rounding convention in 40 CFR part 50, appendix I) at each monitoring site within the area, then the area is meeting the NAAQS. The data completeness requirement is met when the three-year average percent of days with valid ambient monitoring data is greater than 90%, and no single year has less than 75% data completeness as determined in Appendix I of 40 CFR Part 50. The Clark County Department of Air Quality & Environmental Management (DAQEM) is responsible for monitoring ambient air quality within Clark County. DAQEM submits monitoring network plan reports to EPA on an annual basis. These reports discuss the status of the air monitoring network, as required under 40 CFR part 58. Beginning in 2007, EPA reviews these annual plans for compliance with the applicable reporting requirements in 40 CFR 58.10. With respect to ozone, we have found DAQEM’s annual network plans to meet the applicable requirements under 40 CFR part 58. See EPA letters to DAQEM concerning DAQEM’s annual network plan reports for years 2007, 2008, 2009 and 2010. Furthermore, we concluded in our Technical System Audit Report (February 2010) that Clark County DAQEM’s ambient air monitoring network currently meets or exceeds the requirements for the minimum number of monitoring sites designated as State and local air monitoring stations (SLAMS) for all of the criteria pollutants, and that all of the monitoring sites are properly located with respect to monitoring objectives, PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 17345 spatial scales and other site criteria. Also, DAQEM annually certifies that the data it submits to AQS are complete and quality-assured. See, e.g., letter dated April 14, 2010, from Lewis Wallenmeyer, Director, DAQEM, to Jared Blumenfeld, EPA Region IX Regional Administrator. Clark County DAQEM operated 12 ozone SLAMS monitoring sites over the 2007–2010 period within the Clark County ozone nonattainment area: Apex (Apex Valley), Boulder City (City of Boulder City), Craig Road (City of North Las Vegas), J.D. Smith School (City of North Las Vegas), Jean (City of Jean, south of Las Vegas), Joe Neal (northwest Las Vegas), Lone Mountain (northwest Las Vegas), Orr School (centralsoutheast Las Vegas), Paul Meyer Park (southwest Las Vegas), Palo Verde School (west Las Vegas), Walter Johnson (west Las Vegas), and Winterwood (southeast Las Vegas). All 12 sites monitor ozone concentrations on a continuous basis using ultraviolet absorption monitors.2 The spatial scale and monitoring objective of most of DAQEM’s ozone monitoring sites are ‘‘neighborhood’’ and ‘‘population exposure,’’ respectively. The exceptions are the Apex and Jean sites, whose spatial scale and monitoring objective is ‘‘regional’’ and ‘‘regional transport,’’ respectively, and the Joe Neal site, whose spatial scale is ‘‘neighborhood’’ and monitoring objective is ‘‘highest concentration.’’ See Clark County DAQEM’s Annual Network Plan Report (June 2010). Consistent with the requirements contained in 40 CFR part 50, EPA has reviewed the ozone ambient air monitoring data for the monitoring period from 2007 through 2009 collected at the monitoring sites discussed above, as recorded in AQS. On the basis of that review, EPA has concluded that this area attained the 1997 8-hour ozone NAAQS based on data for the 2007–2009 ozone seasons. Table 1 shows the ozone design values for the Clark County ozone nonattainment area monitors based on 2007–2009 ambient air quality monitoring data. Preliminary data available for 2010, summarized in table 2 DAQEM operates Federal equivalent method (FEM) monitors for ozone. Specifically, API 400 Series ultraviolet absorption monitors. See ‘‘Annual Network Plan Report’’, page 13, June 2010. These monitoring devices have an EPA designation number EQOA–0992–087. See EPA ‘‘List of Designated Reference and Equivalent Methods’’, page 27, February 1, 2011, available at: http:// www.epa.gov/ttn/amtic/criteria.html. E:\FR\FM\29MRR1.SGM 29MRR1 17346 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations 2, are also consistent with continued attainment.3 TABLE 1—2007–2009 CLARK COUNTY OZONE NONATTAINMENT AREA 8-HOUR OZONE DESIGN VALUES Monitoring site ID DAQEM Monitoring site Apex ........................................................................................................................... Boulder City ............................................................................................................... Craig Road ................................................................................................................. J.D. Smith .................................................................................................................. Jean ........................................................................................................................... Joe Neal School ........................................................................................................ Lone Mountain ........................................................................................................... Orr School .................................................................................................................. Paul Meyer Park ........................................................................................................ Palo Verde School ..................................................................................................... Walter Johnson .......................................................................................................... Winterwood ................................................................................................................ 2007–2009 Average % data completeness 32–003–0022 32–003–0601 32–003–0020 32–003–2002 32–003–1019 32–003–0075 32–003–0072 32–003–1021 32–003–0043 32–003–0073 32–003–0071 32–003–0538 2007–2009 Design value (ppm) 96 92 97 98 96 98 98 97 97 97 97 92 0.074 0.072 0.072 0.073 0.076 0.078 0.076 0.074 0.077 0.075 0.078 0.072 TABLE 2—PRELIMINARY 2008–2010 CLARK COUNTY OZONE NONATTAINMENT AREA 8-HOUR OZONE DESIGN VALUES Monitoring site ID DAQEM Monitoring site Apex ........................................................................................................................... Boulder City ............................................................................................................... Craig Road ................................................................................................................. J.D. Smith .................................................................................................................. Jean ........................................................................................................................... Joe Neal School ........................................................................................................ Lone Mountain ........................................................................................................... Orr School .................................................................................................................. Paul Meyer Park ........................................................................................................ Palo Verde School ..................................................................................................... Walter Johnson .......................................................................................................... Winterwood ................................................................................................................ EPA’s review of these data indicates that the Clark County ozone nonattainment area has met the 1997 8-hour ozone NAAQS. Preliminary air quality monitoring data available for 2010 are consistent with continued attainment. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 V. EPA’s Final Action EPA is determining that the Clark County (Nevada) 8-hour ozone nonattainment area has attained the 1997 8-hour ozone NAAQS based on 2007–2009 complete, quality-assured, and certified ambient air quality monitoring data. Preliminary data available to date for 2010 are consistent with continued attainment. As provided in 40 CFR 51.918, this determination of attainment suspends the requirements for the State of Nevada to submit, for the Clark County ozone nonattainment area, an attainment demonstration and associated RACM, RFP plan, contingency measures, and any other 3 For 2010, DAQEM has reported three calendar quarters of data for Apex, Boulder City and Craig Road. Lone Mountain and Orr School monitors VerDate Mar<15>2010 13:46 Mar 28, 2011 Jkt 223001 2008–2010 Average % data completeness 32–003–0022 32–003–0601 32–003–0020 32–003–2002 32–003–1019 32–003–0075 32–003–0072 32–003–1021 32–003–0043 32–003–0073 32–003–0071 32–003–0538 Preliminary 2008–2010 design value (ppm) 87 84 88 98 97 98 76 75 98 98 97 94 0.069 0.070 0.070 0.069 0.073 0.076 0.070 0.068 0.072 0.072 0.074 0.069 planning requirements related to attainment of the 1997 8-hour ozone NAAQS as long as the area continues to attain the 1997 8-hour ozone NAAQS. We are publishing this rule without prior proposal because the Agency views this as a noncontroversial action and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal should adverse comments be filed. This action will be effective May 31, 2011, without further notice unless the EPA receives relevant adverse comments by April 28, 2011. If we receive such comments, then we will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. We will not institute a second comment period. Parties interested in commenting should so at this time. If no such comments are received, the public is advised that this rule will be effective on May 31, 2011 and no further action will be taken on the proposed rule. closed in April, 2010. The rest of the monitoring stations in the Clark County ozone nonattainment area reflect four quarters of monitoring data for 2010. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 VI. Statutory and Executive Order Reviews This action makes a determination of attainment based on air quality and suspends certain 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 Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); E:\FR\FM\29MRR1.SGM 29MRR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations • 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 • Does not provide EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this determination that the Clark County ozone nonattainment area has attained the 1997 8-hour ozone NAAQS does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on Tribal governments or preempt Tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. 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 VerDate Mar<15>2010 13:46 Mar 28, 2011 Jkt 223001 17347 States Court of Appeals for the appropriate circuit by May 31, 2011. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE List of Subjects in 40 CFR Part 52 Aviation Communications Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. AGENCY: 45 CFR Part 2522 Americorps Participants, Programs, and Applicants CFR Correction In Title 45 of the Code of Federal Regulations, Part 1200 to End, revised as of October 1, 2010, on page 674, in § 2522.910, paragraph (b)(1)(ii) is removed. [FR Doc. 2011–7439 Filed 3–28–11; 8:45 am] BILLING CODE 1505–01–D FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1, 2 and 87 [WT Docket No. 01–289; FCC 10–103] Federal Communications Commission. ACTION: Final rule. ENVIRONMENTAL PROTECTION AGENCY In this document, the Federal Communications Commission (Commission or FCC) addresses a number of important issues pertaining to the Aviation Radio Services, amending its rules in the interest of accommodating the communications needs of the aviation community to the greatest possible extent, and ensuring that aeronautical spectrum is used efficiently to enhance the safety of flight. 40 CFR Part 52 DATES: Revision to the California State Implementation Plan, Great Basin Unified Air Pollution Control District Jeffrey Tobias, Jeff.Tobias@FCC.gov, Mobility Division, Wireless Telecommunications Bureau, (202) 418– 1617, or TTY (202) 418–7233. SUPPLEMENTARY INFORMATION: This is a summary of the Federal Communications Commission’s Third Report and Order (Third R&O), in WT Docket No. 01–289, FCC 10–103, adopted on June 1, 2010, and released on June 15, 2010. Contemporaneous with this document, the Commission issues an Order that stays a rule that was adopted in the Third R&O (published elsewhere in this publication). The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554. The complete text may be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Dated: March 15, 2011. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2011–7221 Filed 3–28–11; 8:45 am] BILLING CODE 6560–50–P In Title 40 of the Code of Federal Regulations, Part 52 (§§ 52.01 to 52.1018), revised as of July 1, 2010, on page 252, in § 52.220, paragraph (c)(345)(i)(D) is added to read as follows: Identification of plan. * * * * * (c) * * * (345) * * * (i) * * * (D) Great Basin Unified Air Pollution Control District (1) Rule 201, ‘‘Exemptions,’’ adopted on September 5, 1974 and revised on January 23, 2006. * * * * * [FR Doc. 2011–7432 Filed 3–28–11; 8:45 am] BILLING CODE 1505–01–D PO 00000 Frm 00017 Fmt 4700 Effective May 31, 2011. FOR FURTHER INFORMATION CONTACT: CFR Correction § 52.220 SUMMARY: Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1

Agencies

[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Rules and Regulations]
[Pages 17343-17347]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7221]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0169; FRL-9286-8]


Approval and Promulgation of Implementation Plans; Nevada; 
Determination of Attainment for the Clark County 8-Hour Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is determining that the Clark County (Nevada) 8-hour ozone 
nonattainment area has attained the 1997 8-hour ozone national ambient 
air quality standards (NAAQS). This determination is based upon 
complete, quality-assured, and certified ambient air monitoring data 
that show the area has monitored attainment of the 1997 8-hour ozone 
NAAQS for the 2007 to 2009 monitoring period. Preliminary air quality 
monitoring data available for 2010 are consistent with continued 
attainment. Based on this determination, the obligation for the State 
of Nevada to submit an attainment demonstration and associated 
reasonably available control measures (RACM), a reasonable further 
progress (RFP) plan, contingency measures, and other planning 
requirements related to attainment of the 1997 8-hour ozone NAAQS for 
the Clark County ozone nonattainment area shall be suspended for as 
long as the nonattainment area continues to meet the 1997 8-hour ozone 
NAAQS. This action is being taken under the Clean Air Act (CAA).

DATES: This action is effective on May 31, 2011 without further notice, 
unless EPA receives adverse comment by April 28, 2011. If EPA receives 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2011-0169 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: kelly.johnj@epa.gov.
    3. Fax: (415) 947-3579.
    4. Mail: ``EPA-R09-OAR-2011-0169,'' Lisa Hanf, Chief, Air Planning 
Office, Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street (Air-2), San Francisco, California 94105.
    5. Hand Delivery or Courier: At the previously-listed EPA Region IX 
address. Such deliveries are only accepted during the Docket's normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R09-OAR-
2011-0169. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or by e-mail information that you consider to be 
CBI or otherwise protected. The http://www.regulations.gov Web site is 
an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/dockets/.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, for example, 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 either electronically in 
http://www.regulations.gov or in hard copy at the Air Planning Office, 
Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street (Air-2), San Francisco, California 94105. EPA requests 
that if at all possible, you contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section to schedule your inspection during 
normal business hours.

FOR FURTHER INFORMATION CONTACT: John Kelly, (415) 947-4151, or by e-
mail at kelly.johnj@epa.gov.

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

Table of Contents

I. What determination is EPA making?
II. What is the background for this action?
    A. The Clark County Ozone Nonattainment Area
    B. Determination of Attainment
    C. Ambient Air Quality Monitoring Data
III. What is the effect of this action?
    A. Determination of Attainment
    B. Subpart 1 Designation
IV. What is EPA's analysis of the relevant air quality data?
V. EPA's Final Action
VI. Statutory and Executive Order Reviews

[[Page 17344]]

I. What determination is EPA making?

    EPA is determining that the Clark County (Nevada) 8-hour ozone 
nonattainment area (``Clark County ozone nonattainment area'') has 
attained the 1997 8-hour ozone NAAQS. The Clark County ozone 
nonattainment area is composed of a portion of Clark County in 
Nevada.\1\ EPA's determination is based upon complete, quality-assured, 
and certified ambient air quality monitoring data for the years 2007 to 
2009 showing that the Clark County ozone nonattainment area has 
monitored attainment of the 1997 8-hour ozone NAAQS. Preliminary air 
quality monitoring data available for 2010 are consistent with 
continued attainment.
---------------------------------------------------------------------------

    \1\ The boundaries of the Clark County ozone nonattainment area 
are defined in 40 CFR 81.329. Specifically, the area is defined as: 
``That portion of Clark County that lies in hydrographic areas 164A, 
164B, 165, 166, 167, 212, 213, 214, 216, 217, and 218 but excluding 
the Moapa River Indian Reservation and the Fort Mojave Indian 
Reservation.'' The area includes a significant portion of the 
unincorporated portions of central and southern Clark County, as 
well as the cities of Las Vegas, Henderson, North Las Vegas, and 
Boulder City.
---------------------------------------------------------------------------

    On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour 
ozone standard of 0.075 parts per million (ppm). On January 6, 2010, 
EPA again addressed this 2008 revised standard and proposed to set the 
primary 8-hour ozone standard within the range of 0.060 to 0.070 ppm, 
rather than at 0.075 ppm. EPA is working to complete reconsideration of 
the standard and thereafter will proceed with attainment/nonattainment 
area designations. This rulemaking relates only to a determination of 
attainment for the 1997 8-hour ozone standard and is not affected by 
the ongoing process of reconsidering the revised 2008 standard. This 
action addresses only the 1997 8-hour ozone standard of 0.08 ppm, and 
does not address any subsequently revised 8-hour ozone standard.

II. What is the background for this action?

A. The Clark County Ozone Nonattainment Area

    In 1997, EPA revised the health-based NAAQS for ozone, setting it 
at 0.08 ppm averaged over an 8-hour timeframe. EPA set the 8-hour ozone 
standard based on scientific evidence demonstrating that ozone causes 
adverse health effects at lower ozone concentrations and over longer 
periods of time, than was understood when the pre-existing 1-hour ozone 
standard was set. EPA determined that the 8-hour standard would be more 
protective of human health, especially children and adults who are 
active outdoors, and individuals with a pre-existing respiratory 
disease, such as asthma.
    On April 30, 2004 (69 FR 23858), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 8-hour ozone standard. In that action we designated Clark County as 
nonattainment and provided that this designation would become effective 
on June 15, 2004. Following the April 2004 final rule, the State of 
Nevada submitted additional information requesting that the boundaries 
of the area to be designated nonattainment be reconsidered. In 
response, EPA granted a deferral of the effective date for Clark County 
to consider this information. See 69 FR 34076 (June 18, 2004). On 
September 17, 2004, EPA reduced the geographic extent of the ozone 
nonattainment area to encompass a portion of, but not all of, Clark 
County. See 69 FR 55956 (September 17, 2004) and 40 CFR 81.329. In 
2005, we published a final rule that we would treat the effective date 
of the partial-county nonattainment area designation the same as the 
designations for the rest of the country, i.e., June 15, 2004. See 70 
FR 71612 (November 29, 2005) and 40 CFR 51.917.

B. Determination of Attainment

    Under the provisions of EPA's ozone implementation rule for the 
1997 ozone NAAQS (see 40 CFR 51.918), if EPA issues a determination 
that an area is attaining the standard (through a rulemaking that 
includes public notice and comment), it will suspend the area's 
obligations to submit an attainment demonstration, RACM, RFP, 
contingency measures and other planning requirements related to 
attainment for as long as the area continues to attain. The 
determination of attainment is not equivalent to a redesignation. The 
State must still meet the statutory requirements for redesignation in 
order to be redesignated to attainment.

C. Ambient Air Quality Monitoring Data

    Complete, quality-assured, and certified 8-hour ozone air quality 
monitoring data for 2007 through 2009, as well as preliminary data 
available to date for 2010, show that the Clark County ozone 
nonattainment area has attained, and continues to attain, the 1997 8-
hour ozone NAAQS.

III. What is the effect of this action?

    As noted, under 40 CFR section 51.918, the effect of today's 
determination of attainment is to suspend the obligation to submit 
certain planning requirements described above; however, it does not 
constitute a redesignation to attainment under section 107(d)(3) of the 
CAA. The designation status of the Clark County ozone nonattainment 
area remains nonattainment for the 1997 8-hour ozone NAAQS until such 
time as EPA determines that the area meets the CAA requirements for 
redesignation to attainment, including an approved maintenance plan.

A. Determination of Attainment

    EPA is determining that the Clark County ozone nonattainment area 
is attaining the 1997 8-hour ozone NAAQS. In accordance with 40 CFR 
51.918, based on this determination, the obligation under the CAA for 
the State of Nevada to submit an attainment demonstration and RACM, RFP 
plan, contingency measures, and any other planning requirements related 
to attainment of the 1997 8-hour ozone NAAQS for the Clark County ozone 
nonattainment area is suspended for so long as the area continues to 
attain the 1997 8-hour ozone NAAQS. Although these requirements are 
suspended, EPA is not precluded from acting upon these elements, if 
Nevada submits them for EPA review and approval.
    The effect of this determination is to:
    (1) Suspend the requirements to submit an attainment demonstration, 
RACM, RFP plan, contingency measures, and any other planning 
requirements related to attainment of the 1997 8-hour ozone NAAQS;
    (2) Continue until such time, if any, that EPA (i) redesignates the 
area to attainment at which time those requirements no longer apply, or 
(ii) subsequently determines that the area has violated the 1997 8-hour 
ozone NAAQS;
    (3) Be separate from, and not influence or otherwise affect, any 
future designation determination or requirements for the area based on 
any new or revised ozone NAAQS; and
    (4) Remain in effect regardless of whether EPA designates this area 
as a nonattainment area for purposes of any new or revised ozone NAAQS.
    If EPA subsequently determines, after notice-and-comment 
rulemaking, that the Clark County ozone nonattainment area has violated 
the 1997 8-hour ozone NAAQS, the basis for the suspension of the 
specific requirements, set forth at 40 CFR 51.918, would no longer 
exist, and the Clark County ozone nonattainment area would thereafter 
have to address applicable requirements.

[[Page 17345]]

B. Subpart 1 Designation

    Under the implementation rule for the 1997 8-hour ozone standard, 
EPA designated certain areas under title I, part D, subpart 1 of the 
CAA (subpart 1) if they had a 1-hour design value below 0.121 ppm. As 
discussed above, in 2004, EPA designated a portion of Clark County 
nonattainment under subpart 1 for the 1997 8-hour ozone standard. In 
June 2007, the United States Court of Appeals for the District of 
Columbia Circuit (DC Circuit Court) vacated the portion of the 1997 
ozone implementation rule that allowed areas to be designated under 
subpart 1. On January 16, 2009 (74 FR 2936), EPA published a proposed 
rule to address, among other issues, the DC Circuit Court vacatur of 
the classification system that EPA used to designate a subset of 
initial 1997 8-hour ozone nonattainment areas under subpart 1. In that 
rulemaking, EPA proposed that all areas designated nonattainment for 
the 1997 8-hour ozone NAAQS under subpart 1 would be classified as 
subpart 2 areas (hereafter referred to as the ``Subpart 1/Subpart 2 
1997 8-Hour Ozone Rulemaking''). The Clark County ozone nonattainment 
area is among those areas that would be classified under subpart 2 if 
EPA's proposal is finalized. EPA has not yet completed its final 
rulemaking action for the Subpart 1/Subpart 2 1997 8-Hour Ozone 
Rulemaking. When the Subpart 1/Subpart 2 1997 8-Hour Ozone Rulemaking 
is finalized, and if the Clark County ozone nonattainment area 
continues in attainment for the 1997 8-hour ozone NAAQS, EPA will 
address in a future rulemaking the consequences of a determination of 
attainment for any requirements to which the Clark County ozone 
nonattainment area becomes subject as a result of its reclassification. 
If, after the Clark County ozone nonattainment area is classified under 
subpart 2, EPA determines in a future rulemaking that the Clark County 
ozone nonattainment area continues to be in attainment, then the 
obligation to submit the applicable attainment planning-related 
requirements for its new classification would be suspended in 
accordance with 40 CFR 51.918.

IV. What is EPA's analysis of the relevant air quality data?

    A determination of whether an area's air quality meets the ozone 
NAAQS is generally based upon the most recent three years of complete, 
quality-assured data gathered at established National Air Monitoring 
Stations (``NAMS'') or State and Local Air Monitoring Stations 
(``SLAMS'') in the nonattainment area and entered into the EPA Air 
Quality System (``AQS'') database. Data from air monitors operated by 
State/local agencies in compliance with EPA monitoring requirements 
must be submitted to the EPA AQS database. Heads of monitoring agencies 
annually certify that these data are accurate to the best of their 
knowledge. Accordingly, EPA relies primarily on data in its AQS 
database when determining the attainment status of areas. See 40 CFR 
50.10; 40 CFR part 50, appendix I; 40 CFR part 53; 40 CFR part 58, 
appendices A, C, D and E. All data are reviewed to determine the area's 
air quality status in accordance with 40 CFR part 50, appendix I.
    Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone 
standard is attained at a site when the 3-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentrations at an 
ozone monitor is less than or equal to 0.08 ppm. See 40 CFR 50.10. This 
3-year average is referred to as the design value. When the design 
value is less than or equal to 0.084 ppm (based on the rounding 
convention in 40 CFR part 50, appendix I) at each monitoring site 
within the area, then the area is meeting the NAAQS. The data 
completeness requirement is met when the three-year average percent of 
days with valid ambient monitoring data is greater than 90%, and no 
single year has less than 75% data completeness as determined in 
Appendix I of 40 CFR Part 50.
    The Clark County Department of Air Quality & Environmental 
Management (DAQEM) is responsible for monitoring ambient air quality 
within Clark County. DAQEM submits monitoring network plan reports to 
EPA on an annual basis. These reports discuss the status of the air 
monitoring network, as required under 40 CFR part 58. Beginning in 
2007, EPA reviews these annual plans for compliance with the applicable 
reporting requirements in 40 CFR 58.10. With respect to ozone, we have 
found DAQEM's annual network plans to meet the applicable requirements 
under 40 CFR part 58. See EPA letters to DAQEM concerning DAQEM's 
annual network plan reports for years 2007, 2008, 2009 and 2010. 
Furthermore, we concluded in our Technical System Audit Report 
(February 2010) that Clark County DAQEM's ambient air monitoring 
network currently meets or exceeds the requirements for the minimum 
number of monitoring sites designated as State and local air monitoring 
stations (SLAMS) for all of the criteria pollutants, and that all of 
the monitoring sites are properly located with respect to monitoring 
objectives, spatial scales and other site criteria. Also, DAQEM 
annually certifies that the data it submits to AQS are complete and 
quality-assured. See, e.g., letter dated April 14, 2010, from Lewis 
Wallenmeyer, Director, DAQEM, to Jared Blumenfeld, EPA Region IX 
Regional Administrator.
    Clark County DAQEM operated 12 ozone SLAMS monitoring sites over 
the 2007-2010 period within the Clark County ozone nonattainment area: 
Apex (Apex Valley), Boulder City (City of Boulder City), Craig Road 
(City of North Las Vegas), J.D. Smith School (City of North Las Vegas), 
Jean (City of Jean, south of Las Vegas), Joe Neal (northwest Las 
Vegas), Lone Mountain (northwest Las Vegas), Orr School (central-
southeast Las Vegas), Paul Meyer Park (southwest Las Vegas), Palo Verde 
School (west Las Vegas), Walter Johnson (west Las Vegas), and 
Winterwood (southeast Las Vegas). All 12 sites monitor ozone 
concentrations on a continuous basis using ultraviolet absorption 
monitors.\2\ The spatial scale and monitoring objective of most of 
DAQEM's ozone monitoring sites are ``neighborhood'' and ``population 
exposure,'' respectively. The exceptions are the Apex and Jean sites, 
whose spatial scale and monitoring objective is ``regional'' and 
``regional transport,'' respectively, and the Joe Neal site, whose 
spatial scale is ``neighborhood'' and monitoring objective is ``highest 
concentration.'' See Clark County DAQEM's Annual Network Plan Report 
(June 2010).
---------------------------------------------------------------------------

    \2\ DAQEM operates Federal equivalent method (FEM) monitors for 
ozone. Specifically, API 400 Series ultraviolet absorption monitors. 
See ``Annual Network Plan Report'', page 13, June 2010. These 
monitoring devices have an EPA designation number EQOA-0992-087. See 
EPA ``List of Designated Reference and Equivalent Methods'', page 
27, February 1, 2011, available at: http://www.epa.gov/ttn/amtic/criteria.html.
---------------------------------------------------------------------------

    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the ozone ambient air monitoring data for the monitoring 
period from 2007 through 2009 collected at the monitoring sites 
discussed above, as recorded in AQS. On the basis of that review, EPA 
has concluded that this area attained the 1997 8-hour ozone NAAQS based 
on data for the 2007-2009 ozone seasons. Table 1 shows the ozone design 
values for the Clark County ozone nonattainment area monitors based on 
2007-2009 ambient air quality monitoring data. Preliminary data 
available for 2010, summarized in table

[[Page 17346]]

2, are also consistent with continued attainment.\3\
---------------------------------------------------------------------------

    \3\ For 2010, DAQEM has reported three calendar quarters of data 
for Apex, Boulder City and Craig Road. Lone Mountain and Orr School 
monitors closed in April, 2010. The rest of the monitoring stations 
in the Clark County ozone nonattainment area reflect four quarters 
of monitoring data for 2010.

               Table 1--2007-2009 Clark County Ozone Nonattainment Area 8-Hour Ozone Design Values
----------------------------------------------------------------------------------------------------------------
                                                                                2007-2009
                 DAQEM Monitoring site                    Monitoring  site    Average % data    2007-2009 Design
                                                                 ID            completeness       value  (ppm)
----------------------------------------------------------------------------------------------------------------
Apex...................................................        32-003-0022                 96              0.074
Boulder City...........................................        32-003-0601                 92              0.072
Craig Road.............................................        32-003-0020                 97              0.072
J.D. Smith.............................................        32-003-2002                 98              0.073
Jean...................................................        32-003-1019                 96              0.076
Joe Neal School........................................        32-003-0075                 98              0.078
Lone Mountain..........................................        32-003-0072                 98              0.076
Orr School.............................................        32-003-1021                 97              0.074
Paul Meyer Park........................................        32-003-0043                 97              0.077
Palo Verde School......................................        32-003-0073                 97              0.075
Walter Johnson.........................................        32-003-0071                 97              0.078
Winterwood.............................................        32-003-0538                 92              0.072
----------------------------------------------------------------------------------------------------------------


         Table 2--Preliminary 2008-2010 Clark County Ozone Nonattainment Area 8-Hour Ozone Design Values
----------------------------------------------------------------------------------------------------------------
                                                                                2008-2010      Preliminary  2008-
                 DAQEM Monitoring site                    Monitoring  site    Average % data   2010 design value
                                                                 ID            completeness          (ppm)
----------------------------------------------------------------------------------------------------------------
Apex...................................................        32-003-0022                 87              0.069
Boulder City...........................................        32-003-0601                 84              0.070
Craig Road.............................................        32-003-0020                 88              0.070
J.D. Smith.............................................        32-003-2002                 98              0.069
Jean...................................................        32-003-1019                 97              0.073
Joe Neal School........................................        32-003-0075                 98              0.076
Lone Mountain..........................................        32-003-0072                 76              0.070
Orr School.............................................        32-003-1021                 75              0.068
Paul Meyer Park........................................        32-003-0043                 98              0.072
Palo Verde School......................................        32-003-0073                 98              0.072
Walter Johnson.........................................        32-003-0071                 97              0.074
Winterwood.............................................        32-003-0538                 94              0.069
----------------------------------------------------------------------------------------------------------------

    EPA's review of these data indicates that the Clark County ozone 
nonattainment area has met the 1997 8-hour ozone NAAQS. Preliminary air 
quality monitoring data available for 2010 are consistent with 
continued attainment.

V. EPA's Final Action

    EPA is determining that the Clark County (Nevada) 8-hour ozone 
nonattainment area has attained the 1997 8-hour ozone NAAQS based on 
2007-2009 complete, quality-assured, and certified ambient air quality 
monitoring data. Preliminary data available to date for 2010 are 
consistent with continued attainment. As provided in 40 CFR 51.918, 
this determination of attainment suspends the requirements for the 
State of Nevada to submit, for the Clark County ozone nonattainment 
area, an attainment demonstration and associated RACM, RFP plan, 
contingency measures, and any other planning requirements related to 
attainment of the 1997 8-hour ozone NAAQS as long as the area continues 
to attain the 1997 8-hour ozone NAAQS.
    We are publishing this rule without prior proposal because the 
Agency views this as a noncontroversial action and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal should adverse comments be filed. This 
action will be effective May 31, 2011, without further notice unless 
the EPA receives relevant adverse comments by April 28, 2011.
    If we receive such comments, then we will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. We will not 
institute a second comment period. Parties interested in commenting 
should so at this time. If no such comments are received, the public is 
advised that this rule will be effective on May 31, 2011 and no further 
action will be taken on the proposed rule.

VI. Statutory and Executive Order Reviews

    This action makes a determination of attainment based on air 
quality and suspends certain 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 Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

[[Page 17347]]

     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
     Does not provide EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this determination that the Clark County ozone 
nonattainment area has attained the 1997 8-hour ozone NAAQS does not 
have Tribal implications as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000), because the SIP is not approved to apply in 
Indian country located in the State, and EPA notes that it will not 
impose substantial direct costs on Tribal governments or preempt Tribal 
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. 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 May 31, 2011. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: March 15, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011-7221 Filed 3-28-11; 8:45 am]
BILLING CODE 6560-50-P