Air Plan Approval; Nevada; Revisions to Clark County Ozone Maintenance Plan, 59643-59646 [2021-23377]
Download as PDF
<![CDATA[
59643
Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Rules and Regulations
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, Carbon monoxide,
Incorporation byreference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
Authority: 42 U.S.C. 7401 et seq.
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart PP—South Carolina
Dated: October 21, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
2. Section 52.2120(c), is amended
under the heading ‘‘Regulation No.
62.1’’ by revising the entry for ‘‘Section
I’’ to read as follows:
■
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
§ 52.2120
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED SOUTH CAROLINA REGULATIONS
Title/subject
Regulation No. 62.1 ........................
Definitions and General Requirements.
Definitions .......................................
Section I ..........................................
*
*
*
*
*
*
*
*
[FR Doc. 2021–23349 Filed 10–27–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0368; FRL–8716–02–
R9]
Air Plan Approval; Nevada; Revisions
to Clark County Ozone Maintenance
Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State of
Nevada’s state implementation plan
(SIP) for Clark County. The revision
consists of an update to certain elements
of the maintenance plan for the Clark
County air quality planning area for the
1997 8-hour ozone national ambient air
quality standards (NAAQS or
‘‘standards’’), including certain
emissions inventories and motor vehicle
emissions budgets. The EPA is
approving the SIP revision because the
Clark County ozone maintenance plan,
as revised, continues to provide for
maintenance of the 1997 ozone NAAQS
and will not interfere with attainment or
reasonable further progress of the other
NAAQS, and the motor vehicle
SUMMARY:
jspears on DSK121TN23PROD with RULES1
State effective
date
State citation
VerDate Sep<11>2014
16:25 Oct 27, 2021
Jkt 256001
4/24/2020
*
EPA approval date
10/28/2021 [Insert citation of publication].
*
emissions budgets meet the applicable
transportation conformity requirements.
DATES: This rule will be effective on
November 29, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–R09–OAR–2021–0368. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
information or other information whose
disclosure is restricted by statute.
Certain other materials, 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:
Karina O’Connor, Air Planning Office
(AIR–2), EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105; By
phone: (775) 434–8176 or by email at
oconnor.karina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to the EPA.
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
Explanation
*
*
Table of Contents
I. Summary of the Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of the Proposed Action
On August 9, 2021 (86 FR 43461),
under section 110(k) of the Clean Air
Act (‘‘Act’’ or CAA), the EPA proposed
to approve a SIP revision titled
‘‘Revision to Motor Vehicle Emissions
Budgets for the 1997 Ozone NAAQS,
Clark County, Nevada’’ (August 2020)
(herein referred to as the ‘‘2020 Ozone
Maintenance Plan Revision’’), submitted
by the Nevada Division of
Environmental Protection (NDEP) on
September 30, 2020.1 The 2020 Ozone
Maintenance Plan Revision updates
certain elements of the maintenance
plan for Clark County for the 1997
ozone NAAQS, including certain
emissions inventories and the motor
vehicle emissions budgets (‘‘budgets’’ or
MVEBs). The 2020 Ozone Maintenance
Plan Revision was prepared in response
to the EPA’s conditional approval of the
‘‘Revision to Motor Vehicle Emissions
Budgets in Ozone Redesignation
Request and Maintenance Plan: Clark
County, Nevada’’ (October 2018) (herein
referred to as the ‘‘2018 Ozone
Maintenance Plan Revision’’).2 The
1 NDEP submitted the 2020 Ozone Maintenance
Plan Revision electronically on September 30, 2020,
as an attachment to a transmittal letter dated
September 25, 2020.
2 84 FR 44699 (August 27, 2019).
E:\FR\FM\28OCR1.SGM
28OCR1
59644
Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Rules and Regulations
jspears on DSK121TN23PROD with RULES1
2020 Ozone Maintenance Plan Revision
revises certain budgets from the 2018
Ozone Maintenance Plan Revision to
prevent interference with reasonable
further progress or attainment of the
2008 and 2015 ozone NAAQS.3
As noted above, the 2020 Ozone
Maintenance Plan Revision includes
certain updated emissions inventories.
In our August 9, 2021 proposed rule, we
describe our evaluation of the updated
inventories and conclude that, based on
our review of the methods, assumptions,
and data sources, the Clark County
Department of Environment and
Sustainability’s estimates for 2017 and
2022 for the various source categories
are based on the best available
emissions models and data sources, and
thus provide a reasonable basis upon
which to evaluate whether the area will
continue to maintain the 1997 ozone
NAAQS through 2022 and whether the
revised budgets for 2022 in the 2020
Ozone Maintenance Plan Revision
would interfere with reasonable further
progress (RFP) or attainment of the 2008
and 2015 ozone NAAQS.4
In our August 9, 2021 proposed rule,
we also describe our review of the
revised budgets for year 2022 in the
2020 Ozone Maintenance Plan Revision
and conclude that they are consistent
with the revised maintenance
demonstration from the 2018 Ozone
Maintenance Plan Revision; are based
on control measures that have already
been adopted and implemented; and
meet all other applicable statutory and
regulatory requirements including the
adequacy criteria in 40 CFR
93.1118(e)(4) and (5).5
Lastly, in our August 9, 2021
proposed rule, we describe our review
the 2020 Ozone Maintenance Plan
Revision for possible interference with
RFP or attainment with respect to the
2008 and 2015 ozone NAAQS in Clark
County. In short, because the updated
emissions inventories of ozone
precursor emissions for 2022, including
the revised budgets and related safety
margins, would be less than the
corresponding emissions inventories for
year 2017, we conclude in our proposed
rule that the 2020 Ozone Maintenance
Plan Revision would not interfere with
3 The 2018 Ozone Maintenance Plan Revision
includes revisions to the attainment inventory, the
maintenance demonstration, and budgets in the
‘‘Ozone Redesignation Request and Maintenance
Plan, Clark County, Nevada (March 2011)’’ (herein
referred to as the ‘‘2011 Ozone Maintenance Plan’’)
to reflect updated emissions models, vehicle mix
and speed data, and transportation activity
projections.
4 See 86 FR 43464–43466 (August 9, 2021
proposed rule).
5 See 86 FR 43466–43467 (August 9, 2021
proposed rule).
VerDate Sep<11>2014
16:25 Oct 27, 2021
Jkt 256001
RFP or attainment for the 2008 and 2015
ozone NAAQS in Clark County and thus
would be consistent with the
requirements for SIP revisions under
CAA section 110(l).6
For more information on the
background for this action, including a
description of the ozone NAAQS, the
ozone area designations for Clark
County, the 2011 Ozone Maintenance
Plan and 2018 Ozone Maintenance Plan
Revision, and the rationale for approval
of the 2020 Ozone Maintenance Plan
Revision, please see our August 9, 2021
proposed rule.
II. Public Comments
The public comment period for the
EPA’s August 9, 2021 proposed rule
closed on September 8, 2021. The EPA
did not receive any public comments.
III. Final Action
For the reasons discussed in our
August 9, 2021 proposed rule and
summarized herein, the EPA is taking
final action under CAA section 110(k)(3)
to approve the 2020 Ozone Maintenance
Plan Revision submitted by NDEP on
September 30, 2020, as a revision to the
Clark County portion of the Nevada SIP.
We are approving the 2020 Ozone
Maintenance Plan Revision because we
find that the 2011 Ozone Maintenance
Plan, as revised by the 2018 Ozone
Maintenance Plan Revision, and as
further revised by the 2020 Ozone
Maintenance Plan Revision, continues
to provide for maintenance of the 1997
ozone NAAQS and will not interfere
with RFP or attainment of the other
NAAQS in Clark County.
In approving the 2020 Ozone
Maintenance Plan Revision, the EPA is
also finding adequate and approving the
updated budgets for oxides of nitrogen
(NOX) and volatile organic compounds
(VOC) for 2022 for the 1997 ozone
NAAQS (shown in Table 1) based on
our conclusion that the updated budgets
meet the applicable transportation
conformity and other CAA
requirements.
TABLE 1—CLARK COUNTY YEAR 2022
OZONE MOTOR VEHICLE EMISSION
BUDGETS
[County-wide, average summer weekday, tpd]
Year
2022 ..................................
Frm 00036
Fmt 4700
Sfmt 4700
VOC
32.16
23.92
The revised budgets in Table 1
replace Clark County’s existing budgets
for the plan horizon year (2022) for the
1997 ozone NAAQS from the 2018
Ozone Maintenance Plan Revision.7 The
Regional Transportation Commission of
Southern Nevada and U.S. Department
of Transportation must use the revised
budgets for future transportation
conformity determinations for the 2015
ozone NAAQS until motor vehicle
emissions budgets for that ozone
NAAQS are found adequate or are
approved.8
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves a state plan as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
CFR 93.118(f)(2)(iii).
noted in the proposed rule, through this
action, we are removing the conditional approval
regulatory text found at 40 CFR 52.1475(a).
8 As
PO 00000
NOX
Source: 2020 Ozone Maintenance Plan Revision, Table 3–1.
7 40
6 See 86 FR 43467–43468 (August 9, 2021
proposed rule).
2020 Ozone
maintenance
plan revision
E:\FR\FM\28OCR1.SGM
28OCR1
59645
Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Rules and Regulations
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 the 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. The Las Vegas
Tribe of Paiute Indians of the Las Vegas
Indian Colony has areas of Indian
country geographically located within
the Clark County 1997 ozone
maintenance area. In those areas of
Indian country, the 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).
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. The 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 December 27,
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)).
reference, Intergovernmental
regulations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 20, 2021.
Deborah Jordan,
Acting Regional Administrator, EPA Region
IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
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. Section 52.1470 is amended in the
table in paragraph (e) by adding an entry
for ‘‘Revision to Motor Vehicle
Emissions Budgets for the 1997 Ozone
NAAQS, Clark County, Nevada (August
2020)’’ after the entry for ‘‘Revision to
Motor Vehicle Emissions Budgets in
Ozone Redesignation Request and
Maintenance Plan: Clark County,
Nevada (October 2018)’’ to read as
follows:
■
List of Subjects in 40 CFR Part 52
§ 52.1470
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEVADA NONREGULATORY AND QUASI-REGULATORY MEASURES
Applicable geographic or
nonattainment area
Name of SIP provision
State
submittal
date
EPA
approval
date
Explanation
jspears on DSK121TN23PROD with RULES1
Air Quality Implementation Plan for the State of Nevada 1
*
*
*
Revision to Motor Vehicle
Clark County, Nevada: That
Emissions Budgets for the
portion of Clark County
1997 Ozone NAAQS, Clark
that lies in
County, Nevada (August
hydrogeographic areas
2020).
164A, 164B, 165, 166,
167, 212, 213, 214, 216,
217, and 218, but excluding the Moapa River Indian Reservation and the
Fort Mohave Indian Reservation.
*
*
*
9/30/20
*
*
[INSERT Federal
Register CITATION], 10/
28/21.
*
*
*
Submitted by NDEP electronically on September 30, 2020, as an attachment to a
letter dated September 25, 2020. Approval of the 2020 Ozone Maintenance
Plan Revision removes the condition
placed on the approval of the 2018
Ozone Maintenance Plan Revision.
*
*
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).
VerDate Sep<11>2014
16:25 Oct 27, 2021
Jkt 256001
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
E:\FR\FM\28OCR1.SGM
28OCR1
59646
*
*
§ 52.1475
Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Rules and Regulations
*
*
*
[Removed and Reserved]
3. Section 52.1475 is removed and
reserved.
■
[FR Doc. 2021–23377 Filed 10–27–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0524; FRL–8762–02–
R4]
Air Plan Approval; South Carolina;
2018 General Assembly New Source
Review Update
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jspears on DSK121TN23PROD with RULES1
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is finalizing approval of
State Implementation Plan (SIP)
revisions submitted by the State of
South Carolina, through the South
Carolina Department of Health and
Environmental Control (SCDHEC or
Department), on April 24, 2020. The SIP
revisions update the State’s Prevention
of Significant Deterioration (PSD) and
Nonattainment New Source Review
(NNSR) regulations. Specifically, the
SIP revisions add and update several
definitions for consistency with the
Federal regulations, update public
participation requirements for PSD,
clarify the applicability of ‘‘source
impact analysis’’ for PSD, add an
emissions offset banking provision for
NNSR, and make administrative
updates, such as typographical
corrections and renumbering. Finally,
the changes incorporate language that
addresses the public notice rule
provisions for NNSR, which removes
the mandatory requirements to provide
public notice in a newspaper and
instead allows for electronic notice (‘‘enotice’’) as an alternate noticing option
for the State. EPA is approving these
revisions pursuant to the Clean Air Act
(CAA or Act) and implementing Federal
regulations.
DATES: This rule is effective November
29, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0524. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
SUMMARY:
VerDate Sep<11>2014
16:25 Oct 27, 2021
Jkt 256001
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 through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8966. Mr. Febres can also be reached via
electronic mail at febresmartinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 24, 2020, SDHEC submitted
SIP revisions to EPA for approval that
include changes to South Carolina’s
major source New Source Review (NSR)
permitting regulations to make them
more closely align with Federal
requirements for PSD and NNSR
permitting; correct typographical errors;
and update internal references,
including renumbering throughout both
regulations. Specifically, these changes
update South Carolina Regulation 61–
62.5, Standard No. 7—Prevention of
Significant Deterioration and Standard
No. 7.1—Nonattainment New Source
Review.1 Additionally, the SIP revisions
include an update to the public noticing
procedures for South Carolina’s NNSR
regulations to address changes
promulgated in the Federal rule entitled
‘‘Revisions to Public Notice Provisions
in Clean Air Act Permitting Programs,’’
(also referred to as the e-Notice Rule)
1 On
April 24, 2020, SDHEC also submitted to
EPA SIP revisions to Regulations 61–62.1, Section
I—Definitions; 61–62.1, Section II—Permit
Requirements; 61–62.1, Section III—Emission
Inventory and Emissions Statement; 61–62.1,
Section IV—Source Tests; 61–62.1, Section V—
Credible Emissions; 61–62.5, Standard No. 2—
Ambient Air Quality Standards; and 61–62.5,
Standard 5.2—Control of Oxides of Nitrogen (NOX).
EPA will address these SIP revisions in separate
actions.
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
that was finalized in 2016. See 81 FR
71613 (October 18, 2016).2
On July 29, 2021, EPA published a
notice of proposed rulemaking (NPRM),
proposing to approve with some
exceptions, the changes submitted by
South Carolina on April 24, 2020. 3 See
86 FR 40796. Comments on the NPRM
were due by August 30, 2021. EPA
received only one comment on the
NPRM, which was in favor of EPA’s
action. The one comment received can
be found in the docket for this action.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of South Carolina’s
Regulation 61–62.5, Standards No. 7—
Prevention of Significant Deterioration,
and Standard No. 7.1—Nonattainment
New Source Review, both state effective
on April 24, 2020, with the exception of
paragraph (H), and a portion of
paragraphs (A)(10)(t), and (B)(22)(c)(xx),
from Regulation 61–62.5, Standard No.
7.1, as discussed in the NPRM.4 EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.5
III. Final Action
As described in more detail in the
NPRM, EPA is approving, with some
exceptions, the changes to the South
Carolina Regulation 61–62.5, Standards
No. 7—Prevention of Significant
Deterioration, and Standard No. 7.1—
Nonattainment New Source Review, as
submitted by South Carolina on April
24, 2020.
2 EPA previously approved e-notice provisions for
South Carolina’s PSD program. See 83 FR 64285
(December 14, 2018). Although the e-notice
provisions in the State’s NNSR program are being
incorporated into the SIP for the first time, the April
24, 2020, SIP revisions also include updates to the
already SIP-approved e-notice provisions in South
Carolina’s SIP-approved PSD program.
3 For more details on the exemptions to EPA’s
approval, see the NPRM for this action.
4 See 86 FR 40796 at 40798.
5 See 62 FR 27968 (May 22, 1997).
E:\FR\FM\28OCR1.SGM
28OCR1
]]>Agencies
[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Rules and Regulations]
[Pages 59643-59646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23377]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0368; FRL-8716-02-R9]
Air Plan Approval; Nevada; Revisions to Clark County Ozone
Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State of Nevada's state
implementation plan (SIP) for Clark County. The revision consists of an
update to certain elements of the maintenance plan for the Clark County
air quality planning area for the 1997 8-hour ozone national ambient
air quality standards (NAAQS or ``standards''), including certain
emissions inventories and motor vehicle emissions budgets. The EPA is
approving the SIP revision because the Clark County ozone maintenance
plan, as revised, continues to provide for maintenance of the 1997
ozone NAAQS and will not interfere with attainment or reasonable
further progress of the other NAAQS, and the motor vehicle emissions
budgets meet the applicable transportation conformity requirements.
DATES: This rule will be effective on November 29, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2021-0368. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business information or other information whose disclosure
is restricted by statute. Certain other materials, 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: Karina O'Connor, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105;
By phone: (775) 434-8176 or by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' refer to the EPA.
Table of Contents
I. Summary of the Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of the Proposed Action
On August 9, 2021 (86 FR 43461), under section 110(k) of the Clean
Air Act (``Act'' or CAA), the EPA proposed to approve a SIP revision
titled ``Revision to Motor Vehicle Emissions Budgets for the 1997 Ozone
NAAQS, Clark County, Nevada'' (August 2020) (herein referred to as the
``2020 Ozone Maintenance Plan Revision''), submitted by the Nevada
Division of Environmental Protection (NDEP) on September 30, 2020.\1\
The 2020 Ozone Maintenance Plan Revision updates certain elements of
the maintenance plan for Clark County for the 1997 ozone NAAQS,
including certain emissions inventories and the motor vehicle emissions
budgets (``budgets'' or MVEBs). The 2020 Ozone Maintenance Plan
Revision was prepared in response to the EPA's conditional approval of
the ``Revision to Motor Vehicle Emissions Budgets in Ozone
Redesignation Request and Maintenance Plan: Clark County, Nevada''
(October 2018) (herein referred to as the ``2018 Ozone Maintenance Plan
Revision'').\2\ The
[[Page 59644]]
2020 Ozone Maintenance Plan Revision revises certain budgets from the
2018 Ozone Maintenance Plan Revision to prevent interference with
reasonable further progress or attainment of the 2008 and 2015 ozone
NAAQS.\3\
---------------------------------------------------------------------------
\1\ NDEP submitted the 2020 Ozone Maintenance Plan Revision
electronically on September 30, 2020, as an attachment to a
transmittal letter dated September 25, 2020.
\2\ 84 FR 44699 (August 27, 2019).
\3\ The 2018 Ozone Maintenance Plan Revision includes revisions
to the attainment inventory, the maintenance demonstration, and
budgets in the ``Ozone Redesignation Request and Maintenance Plan,
Clark County, Nevada (March 2011)'' (herein referred to as the
``2011 Ozone Maintenance Plan'') to reflect updated emissions
models, vehicle mix and speed data, and transportation activity
projections.
---------------------------------------------------------------------------
As noted above, the 2020 Ozone Maintenance Plan Revision includes
certain updated emissions inventories. In our August 9, 2021 proposed
rule, we describe our evaluation of the updated inventories and
conclude that, based on our review of the methods, assumptions, and
data sources, the Clark County Department of Environment and
Sustainability's estimates for 2017 and 2022 for the various source
categories are based on the best available emissions models and data
sources, and thus provide a reasonable basis upon which to evaluate
whether the area will continue to maintain the 1997 ozone NAAQS through
2022 and whether the revised budgets for 2022 in the 2020 Ozone
Maintenance Plan Revision would interfere with reasonable further
progress (RFP) or attainment of the 2008 and 2015 ozone NAAQS.\4\
---------------------------------------------------------------------------
\4\ See 86 FR 43464-43466 (August 9, 2021 proposed rule).
---------------------------------------------------------------------------
In our August 9, 2021 proposed rule, we also describe our review of
the revised budgets for year 2022 in the 2020 Ozone Maintenance Plan
Revision and conclude that they are consistent with the revised
maintenance demonstration from the 2018 Ozone Maintenance Plan
Revision; are based on control measures that have already been adopted
and implemented; and meet all other applicable statutory and regulatory
requirements including the adequacy criteria in 40 CFR 93.1118(e)(4)
and (5).\5\
---------------------------------------------------------------------------
\5\ See 86 FR 43466-43467 (August 9, 2021 proposed rule).
---------------------------------------------------------------------------
Lastly, in our August 9, 2021 proposed rule, we describe our review
the 2020 Ozone Maintenance Plan Revision for possible interference with
RFP or attainment with respect to the 2008 and 2015 ozone NAAQS in
Clark County. In short, because the updated emissions inventories of
ozone precursor emissions for 2022, including the revised budgets and
related safety margins, would be less than the corresponding emissions
inventories for year 2017, we conclude in our proposed rule that the
2020 Ozone Maintenance Plan Revision would not interfere with RFP or
attainment for the 2008 and 2015 ozone NAAQS in Clark County and thus
would be consistent with the requirements for SIP revisions under CAA
section 110(l).\6\
---------------------------------------------------------------------------
\6\ See 86 FR 43467-43468 (August 9, 2021 proposed rule).
---------------------------------------------------------------------------
For more information on the background for this action, including a
description of the ozone NAAQS, the ozone area designations for Clark
County, the 2011 Ozone Maintenance Plan and 2018 Ozone Maintenance Plan
Revision, and the rationale for approval of the 2020 Ozone Maintenance
Plan Revision, please see our August 9, 2021 proposed rule.
II. Public Comments
The public comment period for the EPA's August 9, 2021 proposed
rule closed on September 8, 2021. The EPA did not receive any public
comments.
III. Final Action
For the reasons discussed in our August 9, 2021 proposed rule and
summarized herein, the EPA is taking final action under CAA section
110(k)(3) to approve the 2020 Ozone Maintenance Plan Revision submitted
by NDEP on September 30, 2020, as a revision to the Clark County
portion of the Nevada SIP. We are approving the 2020 Ozone Maintenance
Plan Revision because we find that the 2011 Ozone Maintenance Plan, as
revised by the 2018 Ozone Maintenance Plan Revision, and as further
revised by the 2020 Ozone Maintenance Plan Revision, continues to
provide for maintenance of the 1997 ozone NAAQS and will not interfere
with RFP or attainment of the other NAAQS in Clark County.
In approving the 2020 Ozone Maintenance Plan Revision, the EPA is
also finding adequate and approving the updated budgets for oxides of
nitrogen (NOX) and volatile organic compounds (VOC) for 2022
for the 1997 ozone NAAQS (shown in Table 1) based on our conclusion
that the updated budgets meet the applicable transportation conformity
and other CAA requirements.
Table 1--Clark County Year 2022 Ozone Motor Vehicle Emission Budgets
[County-wide, average summer weekday, tpd]
------------------------------------------------------------------------
2020 Ozone
maintenance plan
Year revision
-------------------
NOX VOC
------------------------------------------------------------------------
2022................................................ 32.16 23.92
------------------------------------------------------------------------
Source: 2020 Ozone Maintenance Plan Revision, Table 3-1.
The revised budgets in Table 1 replace Clark County's existing
budgets for the plan horizon year (2022) for the 1997 ozone NAAQS from
the 2018 Ozone Maintenance Plan Revision.\7\ The Regional
Transportation Commission of Southern Nevada and U.S. Department of
Transportation must use the revised budgets for future transportation
conformity determinations for the 2015 ozone NAAQS until motor vehicle
emissions budgets for that ozone NAAQS are found adequate or are
approved.\8\
---------------------------------------------------------------------------
\7\ 40 CFR 93.118(f)(2)(iii).
\8\ As noted in the proposed rule, through this action, we are
removing the conditional approval regulatory text found at 40 CFR
52.1475(a).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves a state plan as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described
[[Page 59645]]
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 the 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. The Las Vegas Tribe of
Paiute Indians of the Las Vegas Indian Colony has areas of Indian
country geographically located within the Clark County 1997 ozone
maintenance area. In those areas of Indian country, the 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).
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. The 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 December 27, 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 regulations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 20, 2021.
Deborah Jordan,
Acting Regional Administrator, EPA 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. Section 52.1470 is amended in the table in paragraph (e) by adding
an entry for ``Revision to Motor Vehicle Emissions Budgets for the 1997
Ozone NAAQS, Clark County, Nevada (August 2020)'' after the entry for
``Revision to Motor Vehicle Emissions Budgets in Ozone Redesignation
Request and Maintenance Plan: Clark County, Nevada (October 2018)'' to
read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Nevada Nonregulatory and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State EPA approval date Explanation
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
Air Quality Implementation Plan for the State of Nevada \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Revision to Motor Vehicle Clark County, 9/30/20 [INSERT Federal Submitted by NDEP
Emissions Budgets for the 1997 Nevada: That Register electronically on
Ozone NAAQS, Clark County, portion of Clark CITATION], 10/28/ September 30,
Nevada (August 2020). County that lies 21. 2020, as an
in hydrogeographic attachment to a
areas 164A, 164B, letter dated
165, 166, 167, September 25,
212, 213, 214, 2020. Approval of
216, 217, and 218, the 2020 Ozone
but excluding the Maintenance Plan
Moapa River Indian Revision removes
Reservation and the condition
the Fort Mohave placed on the
Indian Reservation. approval of the
2018 Ozone
Maintenance Plan
Revision.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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).
[[Page 59646]]
* * * * *
Sec. 52.1475 [Removed and Reserved]
0
3. Section 52.1475 is removed and reserved.
[FR Doc. 2021-23377 Filed 10-27-21; 8:45 am]
BILLING CODE 6560-50-P
