Air Plan Approval; Nevada, Las Vegas Valley; Second 10-Year Carbon Monoxide Limited Maintenance Plan, 58579-58581 [2021-22714]
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Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations
• 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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 21, 2021. 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
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extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: October 8, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
58579
(3)), reference test methods,
recordkeeping and monitoring
requirements (Conditions A.3.c.(1)–(5)
and A.3.c.(7)–(9)), and the effective date
(Condition YYY.1.a.(1)).
(ii) [Reserved]
§ 52.2572
[Amended]
3. Section 52.2572 is amended by
removing and reserving paragraph (c).
■ 4. Section 52.2575 is amended by
adding paragraph (a)(2) to read as
follows:
■
§ 52.2575
Control strategy: Sulfur dioxide.
(a) * * *
(2) Attainment demonstration—
submitted on January 22, 2016,
supplemented on July 18, 2016, and
November 29, 2016, and revised on
March 29, 2021 for the Rhinelander SO2
nonattainment area.
*
*
*
*
*
[FR Doc. 2021–22601 Filed 10–21–21; 8:45 am]
BILLING CODE 6560–50–P
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.2570 is amended by
removing and reserving paragraphs
(c)(79)(i)(A) and (c)(142) and adding
paragraph (c)(144) to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
■
§ 52.2570
Identification of plan.
*
*
*
*
*
(c) * * *
(144) On March 29, 2021, the
Wisconsin Department of Natural
Resources submitted a request to revise
the Wisconsin State Implementation
Plan for attaining the 2010 primary,
health-based 1-hour SO2 national
ambient air quality standard for the
Rhinelander SO2 nonattainment area.
This submittal supplements the 2016
plan for the Rhinelander area and
includes an attainment demonstration
and a title I construction permit for
Ahlstrom-Munksjo¨’s Rhinelander
facility. The revised plan also addresses
the requirement for meeting reasonable
further progress toward attainment of
the national ambient air quality
standard, reasonably available control
measures and reasonably available
control technology, and contingency
measures.
(i) Incorporation by reference.
Elements of Air Pollution Control
Construction Permit Revision 15–DMM–
128–R1, issued by the Wisconsin
Department of Natural Resources on
March 25, 2021 to Ahlstrom-Munksjo¨
Rhinelander LLC, including the permit
cover sheet, SO2 emissions limitations
for Ahlstrom-Munksjo¨ (Conditions
A.3.a.(1)–(3)), a compliance
demonstration (Conditions A.3.b.(1)–
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40 CFR Part 52
[EPA–R09–OAR–2021–0242; FRL–8725–02–
R9]
Air Plan Approval; Nevada, Las Vegas
Valley; Second 10-Year Carbon
Monoxide Limited Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a Nevada State Implementation
Plan (SIP) revision submitted by the
Nevada Department of Environmental
Protection (NDEP). On September 27,
2010, the EPA redesignated the Las
Vegas Valley area from nonattainment to
attainment for the carbon monoxide
(CO) national ambient air quality
standard (NAAQS) and approved the
State’s CO maintenance plan ensuring
the area would maintain the NAAQS for
ten years through 2020. On June 18,
2019, NDEP submitted to the EPA a
second 10-year limited maintenance
plan for the Las Vegas Valley area that
addresses maintenance of the CO
NAAQS for a second 10-year period
ending December 31, 2030.
DATES: This rule is effective on
November 22, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2021–0242. All
documents in the docket are listed on
the https://www.regulations.gov
SUMMARY:
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Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
John
J. Kelly, Air Planning Office (AIR–2),
EPA Region IX, (415) 947–4151,
kelly.johnj@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
lotter on DSK11XQN23PROD with RULES1
I. Summary of Proposed Action
On August 2, 2021, under Clean Air
Act (CAA or ‘‘Act’’) section 110(k)(3),
the EPA proposed to approve the
‘‘Second 10-Year Carbon Monoxide
Limited Maintenance Plan: Las Valley
Maintenance Area, Clark County,
Nevada (May 2019)’’ (‘‘2019 LMP’’ or
‘‘Plan’’) submitted by NDEP on June 18,
2019, as a revision to the Nevada SIP.1
In so doing, we found that the 2019
LMP adequately demonstrates that the
area will maintain the CO NAAQS
through the end of the second ten-year
period of the maintenance period. We
are taking final action to approve the
2019 LMP because it meets all
applicable requirements under CAA
sections 110 and 175A.
Specific requirements of LMPs and
the rationale for the EPA’s proposed
actions are discussed in the notice of
proposed rulemaking and will not be
restated here. Please see our August 2,
2021 proposed rule for background on
this action and the rationale for
approval of the 2019 LMP.
1 See 86 FR 41416. NDEP submitted the 2019
LMP electronically to the EPA on June 18, 2019.
NDEP’s transmittal letter for the 2019 LMP is dated
June 13, 2019.
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16:20 Oct 21, 2021
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II. Public Comments
Our August 2, 2021 proposed rule
provided a 30-day public comment
period that closed on September 1,
2021. We received no comments on our
proposed action.
III. Final Action
The EPA is taking final action to
approve the 2019 LMP as a revision to
the Nevada SIP. The EPA is approving
the 2019 LMP for the reasons set forth
in our August 2, 2021 proposed rule and
because the Plan is consistent with the
requirements of the CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(K); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law.
Additional information about these
statutes and Executive orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
PO 00000
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Fmt 4700
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those imposed by state law.
Accordingly, no additional costs to
state, local, or tribal governments, or to
the private sector, will result from this
action.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the National
Government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because this action does
apply on any Indian reservation land or
in any other area where the EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction, and will not
impose substantial direct costs on tribal
governments or preempt tribal law. The
Las Vegas Valley CO maintenance area
includes areas of Indian country of the
Las Vegas Tribe of Paiute Indians. In
those areas of Indian country, the 2019
LMP does not apply, and therefore, this
action does not have tribal implications
and will not impose substantial direct
costs on tribal governments or preempt
tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000).
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
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Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA lacks the discretionary
authority to address environmental
justice in this action.
appropriate circuit by December 21,
2021. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
L. Petitions for Judicial Review
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
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Carbon monoxide, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 13, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C 7401 et seq.
Subpart DD—Nevada
2. In § 52.1470(e), the table is
amended by adding an entry for
‘‘Second 10-year Carbon Monoxide
Limited Maintenance Plan, Las Vegas
Valley Maintenance Area, Clark County,
Nevada (May 2019)’’ after the entry for
‘‘Resolution of the Clark County Board
of Commissioners Adopting the Clark
County Carbon Monoxide Redesignation
Request and Maintenance Plan, adopted
by the Clark County Board of
Commissioners on September 2, 2008’’
to read as follows.
■
§ 52.1470
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEVADA NONREGULATORY AND QUASI-REGULATORY MEASURES
Applicable geographic or
nonattainment area or title/
subject
Name of SIP provision
State submittal
date
EPA approval date
Explanation
Air Quality Implementation Plans for the State of Nevada 1
*
*
*
Second 10-year Carbon Mon- Las Vegas Valley, Clark
oxide Limited Maintenance
County.
Plan, Las Vegas Valley
Maintenance Area, Clark
County, Nevada (May
2019).
*
*
*
June 18, 2019 .....
*
*
*
*
October 22, 2021, [Insert
Fulfills requirement for secFederal Register citation].
ond ten-year maintenance
plan.
*
*
*
*
*
*
*
*
*
*
*
1 The organization of this table generally follows from the organization of the State of Nevada’s original 1972 SIP, which was divided into 12
sections. Nonattainment and maintenance plans, among other types of plans, are listed under Section 5 (Control Strategy). Lead SIPs and Small
Business Stationary Source Technical and Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or
quasi-regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR 52.1470(c).
[FR Doc. 2021–22714 Filed 10–21–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
lotter on DSK11XQN23PROD with RULES1
[EPA–R09–OAR–2020–0425; FRL–8723–02–
R9]
Approval of Air Quality Implementation
Plans; California; Sacramento Metro
Area; 2008 8-Hour Ozone
Nonattainment Area Requirements
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
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Final rule.
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The Environmental Protection
Agency (EPA) is taking final action to
approve portions of two state
implementation plan (SIP) revisions
submitted by the State of California to
meet Clean Air Act (CAA or ‘‘Act’’)
requirements for the 2008 8-hour ozone
national ambient air quality standards
(NAAQS or ‘‘standards’’) in the
Sacramento Metro ozone nonattainment
area (‘‘Sacramento Metro Area’’). These
SIP revisions address the CAA
nonattainment area requirements for the
2008 ozone NAAQS, such as the
requirements for an emissions
inventory, an attainment demonstration,
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Rules and Regulations]
[Pages 58579-58581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22714]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0242; FRL-8725-02-R9]
Air Plan Approval; Nevada, Las Vegas Valley; Second 10-Year
Carbon Monoxide Limited Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a Nevada State Implementation Plan (SIP) revision
submitted by the Nevada Department of Environmental Protection (NDEP).
On September 27, 2010, the EPA redesignated the Las Vegas Valley area
from nonattainment to attainment for the carbon monoxide (CO) national
ambient air quality standard (NAAQS) and approved the State's CO
maintenance plan ensuring the area would maintain the NAAQS for ten
years through 2020. On June 18, 2019, NDEP submitted to the EPA a
second 10-year limited maintenance plan for the Las Vegas Valley area
that addresses maintenance of the CO NAAQS for a second 10-year period
ending December 31, 2030.
DATES: This rule is effective on November 22, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0242. All documents in the docket are
listed on the https://www.regulations.gov
[[Page 58580]]
website. Although listed in the index, some information is not publicly
available, e.g., Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information. If you need assistance in a language other than English or
if you are a person with disabilities who needs a reasonable
accommodation at no cost to you, please contact the person identified
in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: John J. Kelly, Air Planning Office
(AIR-2), EPA Region IX, (415) 947-4151, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On August 2, 2021, under Clean Air Act (CAA or ``Act'') section
110(k)(3), the EPA proposed to approve the ``Second 10-Year Carbon
Monoxide Limited Maintenance Plan: Las Valley Maintenance Area, Clark
County, Nevada (May 2019)'' (``2019 LMP'' or ``Plan'') submitted by
NDEP on June 18, 2019, as a revision to the Nevada SIP.\1\ In so doing,
we found that the 2019 LMP adequately demonstrates that the area will
maintain the CO NAAQS through the end of the second ten-year period of
the maintenance period. We are taking final action to approve the 2019
LMP because it meets all applicable requirements under CAA sections 110
and 175A.
---------------------------------------------------------------------------
\1\ See 86 FR 41416. NDEP submitted the 2019 LMP electronically
to the EPA on June 18, 2019. NDEP's transmittal letter for the 2019
LMP is dated June 13, 2019.
---------------------------------------------------------------------------
Specific requirements of LMPs and the rationale for the EPA's
proposed actions are discussed in the notice of proposed rulemaking and
will not be restated here. Please see our August 2, 2021 proposed rule
for background on this action and the rationale for approval of the
2019 LMP.
II. Public Comments
Our August 2, 2021 proposed rule provided a 30-day public comment
period that closed on September 1, 2021. We received no comments on our
proposed action.
III. Final Action
The EPA is taking final action to approve the 2019 LMP as a
revision to the Nevada SIP. The EPA is approving the 2019 LMP for the
reasons set forth in our August 2, 2021 proposed rule and because the
Plan is consistent with the requirements of the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(K); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. Additional information about these statutes and Executive
orders can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget for
review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because this action does apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction, and will not impose
substantial direct costs on tribal governments or preempt tribal law.
The Las Vegas Valley CO maintenance area includes areas of Indian
country of the Las Vegas Tribe of Paiute Indians. In those areas of
Indian country, the 2019 LMP does not apply, and therefore, this action
does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities
[[Page 58581]]
unless to do so would be inconsistent with applicable law or otherwise
impractical. The EPA believes that this action is not subject to the
requirements of section 12(d) of the NTTAA because application of those
requirements would be inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA lacks the discretionary authority to address environmental
justice in this action.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Petitions for Judicial Review
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 December 21, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Carbon monoxide, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 13, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C 7401 et seq.
Subpart DD--Nevada
0
2. In Sec. 52.1470(e), the table is amended by adding an entry for
``Second 10-year Carbon Monoxide Limited Maintenance Plan, Las Vegas
Valley Maintenance Area, Clark County, Nevada (May 2019)'' after the
entry for ``Resolution of the Clark County Board of Commissioners
Adopting the Clark County Carbon Monoxide Redesignation Request and
Maintenance Plan, adopted by the Clark County Board of Commissioners on
September 2, 2008'' to read as follows.
Sec. 52.1470 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Nevada Nonregulatory and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or
Name of SIP provision nonattainment State submittal date EPA approval date Explanation
area or title/
subject
----------------------------------------------------------------------------------------------------------------
Air Quality Implementation Plans for the State of Nevada \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Second 10-year Carbon Monoxide Las Vegas Valley, June 18, 2019........... October 22, 2021, Fulfills
Limited Maintenance Plan, Las Clark County. [Insert Federal requirement for
Vegas Valley Maintenance Register second ten-year
Area, Clark County, Nevada citation]. maintenance
(May 2019). plan.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
\1\ The organization of this table generally follows from the organization of the State of Nevada's original
1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
52.1470(c).
[FR Doc. 2021-22714 Filed 10-21-21; 8:45 am]
BILLING CODE 6560-50-P
