Air Plan Approval; Nevada; Clark County Department of Environment and Sustainability, 9475-9477 [2022-03690]
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Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Proposed Rules
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income or indigenous
populations. This action merely
proposes to disapprove a SIP
submission as not meeting the CAA.
K. CAA Section 307(b)(1)
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Section 307(b)(1) of the CAA governs
judicial review of final actions by the
EPA. This section provides, in part, that
petitions for review must be filed in the
D.C. Circuit: (i) When the agency action
consists of ‘‘nationally applicable
regulations promulgated, or final actions
taken, by the Administrator,’’ or (ii)
when such action is locally or regionally
applicable, if ‘‘such action is based on
a determination of nationwide scope or
effect and if in taking such action the
Administrator finds and publishes that
such action is based on such a
determination.’’ For locally or regionally
applicable final actions, the CAA
reserves to the EPA complete discretion
whether to invoke the exception in
(ii).49
If the EPA takes final action on this
proposed rulemaking the Administrator
intends to exercise the complete
discretion afforded to him under the
CAA to make and publish a finding that
the final action (to the extent a court
finds the action to be locally or
regionally applicable) is based on a
determination of ‘‘nationwide scope or
effect’’ within the meaning of CAA
section 307(b)(1). Through this
rulemaking action (in conjunction with
a series of related actions on other SIP
submissions for the same CAA
obligations), the EPA interprets and
applies section 110(a)(2)(d)(i)(I) of the
CAA for the 2015 8-hour ozone NAAQS
based on a common core of nationwide
policy judgments and technical analysis
concerning the interstate transport of
pollutants throughout the continental
U.S. In particular, the EPA is applying
here (and in other proposed actions
related to the same obligations) the
same, nationally consistent 4-step
framework for assessing good neighbor
obligations for the 2015 8-hour ozone
NAAQS. The EPA relies on a single set
of updated, 2016-base year
photochemical grid modeling results of
the year 2023 as the primary basis for
its assessment of air quality conditions
49 In deciding whether to invoke the exception by
making and publishing a finding that an action is
based on a determination of nationwide scope or
effect, the Administrator takes into account a
number of policy considerations, including his
judgment balancing the benefit of obtaining the D.C.
Circuit’s authoritative centralized review versus
allowing development of the issue in other contexts
and the best use of agency resources.
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and contributions at Steps 1 and 2 of
that framework. Further, the EPA
proposes to determine and apply a set
of nationally consistent policy
judgments to apply the 4-step
framework. The EPA has selected a
nationally uniform analytic year (2023)
for this analysis and is applying a
nationally uniform definition of
nonattainment and maintenance
receptors at Step 1, and a nationally
uniform contribution threshold analysis
at Step 2.50 For these reasons, the
Administrator intends, if this proposed
action is finalized, to exercise the
complete discretion afforded to him
under the CAA to make and publish a
finding that this action is based on one
or more determinations of nationwide
scope or effect for purposes of CAA
section 307(b)(1).51
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 7, 2022.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2022–02951 Filed 2–18–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0106; FRL–9527–01–
R9]
Air Plan Approval; Nevada; Clark
County Department of Environment
and Sustainability
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
SUMMARY:
50 A finding of nationwide scope or effect is also
appropriate for actions that cover states in multiple
judicial circuits. In the report on the 1977
Amendments that revised section 307(b)(1) of the
CAA, Congress noted that the Administrator’s
determination that the ‘‘nationwide scope or effect’’
exception applies would be appropriate for any
action that has a scope or effect beyond a single
judicial circuit. See H.R. Rep. No. 95–294 at 323,
324, reprinted in 1977 U.S.C.C.A.N. 1402–03.
51 The EPA may take a consolidated, single final
action on all of the proposed SIP disapproval
actions with respect to obligations under CAA
section 110(a)(2)(D)(i)(I) for the 2015 ozone
NAAQS. Should EPA take a single final action on
all such disapprovals, this action would be
nationally applicable, and the EPA would also
anticipate, in the alternative, making and
publishing a finding that such final action is based
on a determination of nationwide scope or effect.
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9475
revisions to the Clark County
Department of Environment and
Sustainability (DES) portion of the
Nevada State Implementation Plan
(SIP). These revisions concern the title
change of the Clark County Department
of Air Quality to the Department of
Environment and Sustainability. We are
proposing to approve this title change.
The ‘‘department of air quality’’ was
deleted in the air quality regulations
and replaced with ‘‘department.’’ We
are taking comments on this proposal
and plan to follow with a final action.
DATES: Any comments must arrive by
March 24, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2022–0106 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. 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:
Christine Vineyard, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4125 or by
email at vineyard.christine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
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Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Proposed Rules
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule revisions?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
were adopted by Clark County DES and
submitted by the Nevada Division of
Environmental Protection (NDEP).
A. What rules did the State submit?
Table 1 lists the rules addressed by
this proposal with the dates that they
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
Rule title
DES ...................
Rule 2 ...............
DES
DES
DES
DES
DES
DES
Rule
Rule
Rule
Rule
Rule
Rule
Procedures for Adoption and Revision of Regulations and for Inclusion
of those Regulations in the State Implementation Plan.
Chlorine in Chemical Processes ...............................................................
Fugitive Dust .............................................................................................
Oxygenated Gasoline Program .................................................................
Fugitive Dust from Open Areas and Vacant Lots .....................................
Fugitive Dust from Paved Roads and Street Sweeping Equipment .........
Permitting and Dust Control for Construction Activities ............................
...................
...................
...................
...................
...................
...................
33
41
53
90
93
94
.............
.............
.............
.............
.............
.............
On September 13, 2020, the submitted
rules in Table 1 were deemed to be
complete by operation of law to meet
the completeness criteria in 40 CFR part
51 Appendix V, which must be met
before formal EPA review.
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B. Are there other versions of these
rules?
We approved an earlier version of
Rule 2 into the SIP on August 27, 1981
(46 FR 43141). The Clark County DES
adopted revisions to the SIP-approved
version on January 21, 2020, and NDEP
submitted it to us on March 13, 2020.
We approved an earlier version of
Rule 33 into the SIP on September 7,
2004 (69 FR 54006). The Clark County
DES adopted a revision to the SIPapproved version on January 21, 2020,
and NDEP submitted it to us on March
13, 2020.
We approved an earlier version of
Rule 41 into the SIP on October 6, 2014
(79 FR 60078). The Clark County DES
adopted a revision to the SIP-approved
version on January 21, 2020, and NDEP
submitted it to us on March 13, 2020.
We approved an earlier version of
Rule 53 into the SIP on September 21,
2004 (69 FR 56351). The Clark County
DES adopted a revision to the SIPapproved version on January 21, 2020,
and NDEP submitted it to us on March
13, 2020.
We approved an earlier version of
Rule 90 into the SIP on October 6, 2014
(79 FR 60078). The Clark County DES
adodpted a revision to the SIP-approved
version on January 21, 2020, and NDEP
submitted it to us on March 13, 2020.
We approved an earlier version of
Rule 93 into the SIP on October 6, 2014
(79 FR 60078). The Clark County DES
adopted a revision to the SIP-approved
version on January 21, 2020, and NDEP
submitted it to us on March 13, 2020.
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Amended
We approved an earlier version of
Rule 94 into the SIP on October 30, 2006
(71 FR 63250). The Clark County DES
adopted a revision to the SIP-approved
vesion on January 21, 2020, and NDEP
submitted it to us on March 13, 2020.
While we can act on only the most
recently submitted version, we have
reviewed materials provided with
previous submittals.
C. What is the purpose of the submitted
rule revisions?
The purpose of these submitted rule
revisions is to delete ‘‘the department of
air quality’’ everywhere it appears in the
submitted rules and replacing it with
‘‘department’’ and to update formatting.
The EPA’s technical support
document (TSD) and submitted staff
report have more information about
these rules.
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
Rules in the SIP must be enforceable
(see CAA section 110(a)(2)), must not
interfere with applicable requirements
concerning attainment and reasonable
further progress or other CAA
requirements (see CAA section 110(l)),
and must not modify certain SIP control
requirements in nonattainment areas
without ensuring equivalent or greater
emissions reductions (see CAA section
193).
Guidance and policy documents that
we used to evaluate enforceability,
revision/relaxation and rule stringency
requirements for the applicable criteria
pollutants include the following:
1. ‘‘State Implementation Plans; General
Preamble for the Implementation of Title I of
the Clean Air Act Amendments of 1990,’’ 57
FR 13498 (April 16, 1992); 57 FR 18070
(April 28, 1992).
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations,’’
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Submitted
1/21/20
3/13/20
1/21/20
1/21/20
1/21/20
1/21/20
1/21/20
1/21/20
3/13/20
3/13/20
3/13/20
3/13/20
3/13/20
3/13/20
EPA, May 25, 1988 (the Bluebook, revised
January 11, 1990).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule Deficiencies,’’
EPA Region 9, August 21, 2001 (the Little
Bluebook).
B. Do the rules meet the evaluation
criteria?
These rules are consistent with CAA
requirements and relevant guidance
regarding enforceability. The TSD has
more information on our evaluation.
C. Public Comment and Proposed
Action
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the submitted rules because
they fulfill all relevant requirements.
We will accept comments from the
public on this proposal until March 24,
2022. If we take final action to approve
the submitted rules, our final action will
incorporate these rules into the federally
enforceable SIP.
III. Incorporation by Reference
In this proposed rule, the EPA is
proposing to include in a final EPA rule
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the Clark
County DES rules described in Table 1
of this preamble. The EPA has made,
and will continue to make, these
materials available through https://
www.regulations.gov and at the EPA
Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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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 proposed action
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed 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
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. In those areas of
Indian country, the proposed rule does
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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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 15, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022–03690 Filed 2–18–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPA–R07–OAR–2021–0870; EPA–HQ–OAR–
2021–0663; FRL–9468–01–R7]
Air Plan Approval; Iowa; Interstate
Transport of Air Pollution for the 2015
8-Hour Ozone National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule and withdrawal
of proposed rule.
AGENCY:
The Clean Air Act (CAA)
requires each State Implementation Plan
(SIP) to contain adequate provisions
prohibiting emissions that will
significantly contribute to
nonattainment or interfere with
maintenance of air quality in other
states. The State of Iowa made a
submission to the Environmental
Protection Agency (EPA or Agency) to
address these requirements for the 2015
ozone National Ambient Air Quality
Standards (NAAQS). EPA is proposing
to approve the submission for Iowa as
meeting the requirement that the SIP
contains adequate provisions to prohibit
emissions that will significantly
contribute to nonattainment or interfere
with maintenance of the 2015 ozone
NAAQS in any other state. The EPA is
also withdrawing its previous proposed
rule to approve Iowa’s SIP submission,
as published in the Federal Register on
March 2, 2020.
DATES:
Comments: Written comments on this
proposed rule must be received on or
before March 24, 2022.
SUMMARY:
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9477
Withdrawal: As of February 22, 2022,
the proposed rule published March 2,
2020, at 85 FR 12232, is withdrawn.
ADDRESSES: You may send comments,
identified as Docket No. EPA–R07–
OAR–2021–0870, by any of the
following methods: Federal
eRulemaking Portal at https://
www.regulations.gov following the
online instructions for submitting
comments or via email to
stone.william@epa.gov. Include Docket
ID No. EPA–R07–OAR–2021–0870 in
the subject line of the message.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document. Out of an abundance of
caution for members of the public and
our staff, the EPA Docket Center and
Reading Room are open to the public by
appointment only to reduce the risk of
transmitting COVID–19. Our Docket
Center staff also continues to provide
remote customer service via email,
phone, and webform. For further
information on EPA Docket Center
services and the current status, please
visit us online at https://www.epa.gov/
dockets.
FOR FURTHER INFORMATION CONTACT:
William Stone, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7714;
email address: stone.william@epa.gov.
SUPPLEMENTARY INFORMATION: Public
participation: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2021–0870, at https://
www.regulations.gov (our preferred
method), or the other methods
identified in the ADDRESSES section.
Once submitted, comments cannot be
edited or removed from the docket. The
EPA may publish any comment received
to its public docket. Do not submit to
EPA’s docket at https://
www.regulations.gov any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
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]]>Agencies
[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Proposed Rules]
[Pages 9475-9477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03690]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0106; FRL-9527-01-R9]
Air Plan Approval; Nevada; Clark County Department of Environment
and Sustainability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Clark County Department of Environment and
Sustainability (DES) portion of the Nevada State Implementation Plan
(SIP). These revisions concern the title change of the Clark County
Department of Air Quality to the Department of Environment and
Sustainability. We are proposing to approve this title change. The
``department of air quality'' was deleted in the air quality
regulations and replaced with ``department.'' We are taking comments on
this proposal and plan to follow with a final action.
DATES: Any comments must arrive by March 24, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0106 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. 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: Christine Vineyard, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4125 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
[[Page 9476]]
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by Clark County DES and submitted by the Nevada
Division of Environmental Protection (NDEP).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
DES....................... Rule 2................... Procedures for Adoption 1/21/20 3/13/20
and Revision of
Regulations and for
Inclusion of those
Regulations in the State
Implementation Plan.
DES....................... Rule 33.................. Chlorine in Chemical 1/21/20 3/13/20
Processes.
DES....................... Rule 41.................. Fugitive Dust............ 1/21/20 3/13/20
DES....................... Rule 53.................. Oxygenated Gasoline 1/21/20 3/13/20
Program.
DES....................... Rule 90.................. Fugitive Dust from Open 1/21/20 3/13/20
Areas and Vacant Lots.
DES....................... Rule 93.................. Fugitive Dust from Paved 1/21/20 3/13/20
Roads and Street
Sweeping Equipment.
DES....................... Rule 94.................. Permitting and Dust 1/21/20 3/13/20
Control for Construction
Activities.
----------------------------------------------------------------------------------------------------------------
On September 13, 2020, the submitted rules in Table 1 were deemed
to be complete by operation of law to meet the completeness criteria in
40 CFR part 51 Appendix V, which must be met before formal EPA review.
B. Are there other versions of these rules?
We approved an earlier version of Rule 2 into the SIP on August 27,
1981 (46 FR 43141). The Clark County DES adopted revisions to the SIP-
approved version on January 21, 2020, and NDEP submitted it to us on
March 13, 2020.
We approved an earlier version of Rule 33 into the SIP on September
7, 2004 (69 FR 54006). The Clark County DES adopted a revision to the
SIP-approved version on January 21, 2020, and NDEP submitted it to us
on March 13, 2020.
We approved an earlier version of Rule 41 into the SIP on October
6, 2014 (79 FR 60078). The Clark County DES adopted a revision to the
SIP-approved version on January 21, 2020, and NDEP submitted it to us
on March 13, 2020.
We approved an earlier version of Rule 53 into the SIP on September
21, 2004 (69 FR 56351). The Clark County DES adopted a revision to the
SIP-approved version on January 21, 2020, and NDEP submitted it to us
on March 13, 2020.
We approved an earlier version of Rule 90 into the SIP on October
6, 2014 (79 FR 60078). The Clark County DES adodpted a revision to the
SIP-approved version on January 21, 2020, and NDEP submitted it to us
on March 13, 2020.
We approved an earlier version of Rule 93 into the SIP on October
6, 2014 (79 FR 60078). The Clark County DES adopted a revision to the
SIP-approved version on January 21, 2020, and NDEP submitted it to us
on March 13, 2020.
We approved an earlier version of Rule 94 into the SIP on October
30, 2006 (71 FR 63250). The Clark County DES adopted a revision to the
SIP-approved vesion on January 21, 2020, and NDEP submitted it to us on
March 13, 2020.
While we can act on only the most recently submitted version, we
have reviewed materials provided with previous submittals.
C. What is the purpose of the submitted rule revisions?
The purpose of these submitted rule revisions is to delete ``the
department of air quality'' everywhere it appears in the submitted
rules and replacing it with ``department'' and to update formatting.
The EPA's technical support document (TSD) and submitted staff
report have more information about these rules.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not interfere with applicable requirements concerning attainment
and reasonable further progress or other CAA requirements (see CAA
section 110(l)), and must not modify certain SIP control requirements
in nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January
11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
B. Do the rules meet the evaluation criteria?
These rules are consistent with CAA requirements and relevant
guidance regarding enforceability. The TSD has more information on our
evaluation.
C. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rules because they fulfill all relevant
requirements. We will accept comments from the public on this proposal
until March 24, 2022. If we take final action to approve the submitted
rules, our final action will incorporate these rules into the federally
enforceable SIP.
III. Incorporation by Reference
In this proposed rule, the EPA is proposing to include in a final
EPA rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Clark County DES rules described in Table
1 of this preamble. The EPA has made, and will continue to make, these
materials available through https://www.regulations.gov and at the EPA
Region IX Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
[[Page 9477]]
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 proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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 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. In those areas of
Indian country, the proposed 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 15, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-03690 Filed 2-18-22; 8:45 am]
BILLING CODE 6560-50-P
