Approval and Promulgation of Implementation Plans; Nevada; Determination of Attainment for the Clark County 8-Hour Ozone Nonattainment Area, 17343-17347 [2011-7221]
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[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
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SUMMARY:
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Dated: March 22, 2011.
Thomas L. Tidwell,
Chief, U.S. Forest Service.
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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. https://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 https://
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 https://
www.regulations.gov or by e-mail
information that you consider to be CBI
or otherwise protected. The https://
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 https://
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
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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 https://
www.epa.gov/dockets/.
Docket: All documents in the
electronic docket are listed in the
https://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 https://
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
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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?
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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.
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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
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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.
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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
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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,
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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: https://
www.epa.gov/ttn/amtic/criteria.html.
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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.
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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
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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.
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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.);
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• 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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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. https://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
https://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 https://www.regulations.gov or by e-mail information that you consider to be
CBI or otherwise protected. The https://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 https://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 https://www.epa.gov/dockets/.
Docket: All documents in the electronic docket are listed in the
https://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
https://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: https://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
