Clean Air Plans; Base Year Emissions Inventories for the 2015 Ozone Standards; Nevada; Clark County, Las Vegas Valley, 68057-68060 [2022-23345]
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Federal Register / Vol. 87, No. 218 / Monday, November 14, 2022 / Rules and Regulations
L. Unfunded Mandates Reform Act of
1995: The changes in this rulemaking do
not involve a Federal intergovernmental
mandate that will result in the
expenditure by State, local, and tribal
governments, in the aggregate, of $100
million (as adjusted) or more in any one
year, or a Federal private sector mandate
that will result in the expenditure by the
private sector of $100 million (as
adjusted) or more in any one year, and
will not significantly or uniquely affect
small governments. Therefore, no
actions are necessary under the
provisions of the Unfunded Mandates
Reform Act of 1995. See 2 U.S.C. 1501
et seq.
M. National Environmental Policy Act
of 1969: This rulemaking will not have
any effect on the quality of the
environment and is thus categorically
excluded from review under the
National Environmental Policy Act of
1969. See 42 U.S.C. 4321 et seq.
N. National Technology Transfer and
Advancement Act of 1995: The
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) are not applicable because this
rulemaking does not contain provisions
that involve the use of technical
standards.
O. Paperwork Reduction Act of 1995:
The Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) requires that the
Office consider the impact of paperwork
and other information collection
burdens imposed on the public. This
rulemaking does not involve
information collection requirements that
are subject to review and approval by
the Office of Management and Budget
under the Paperwork Reduction Act.
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The USPTO is committed to compliance
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increased opportunities for citizen
access to Government information and
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List of Subjects in 37 CFR Part 11
Administrative practice and
procedure, Inventions and patents,
Lawyers, Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the USPTO amends 37 CFR
part 11 as follows:
PART 11—REPRESENTATION OF
OTHERS BEFORE THE UNITED
STATES PATENT AND TRADEMARK
OFFICE
1. The authority citation for part 11
continues to read as follows:
■
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Authority: 5 U.S.C. 500; 15 U.S.C. 1123;
35 U.S.C. 2(b)(2), 32, 41; Sec. 1, Pub. L. 113–
227, 128 Stat. 2114.
§ 11.11
[Amended]
2. Amend § 11.11 by:
a. Removing from paragraph (a)(1) the
last sentence; and
■ b. Removing paragraph (a)(3).
■
■
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2022–24676 Filed 11–10–22; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0131; FRL–9739–02–
R9]
Clean Air Plans; Base Year Emissions
Inventories for the 2015 Ozone
Standards; Nevada; Clark County, Las
Vegas Valley
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving, under the
Clean Air Act (CAA or ‘‘Act’’), revisions
to the Nevada state implementation plan
(SIP) concerning the base year emissions
inventory requirements for the Las
Vegas Valley ozone nonattainment area
for the 2015 ozone national ambient air
quality standards (NAAQS or
‘‘standards’’).
SUMMARY:
This rule is effective December
15, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0131. 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 (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
DATES:
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68057
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Lindsay Wickersham, Air Planning
Office (AIR–2), EPA Region IX, (415)
947–4192, wickersham.lindsay@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
A. Comment Summary
B. EPA Response
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On October 15, 2020, the Nevada
Department of Environmental Protection
(NDEP) submitted a revision to the
Nevada SIP titled, ‘‘Revision to the
Nevada State Implementation Plan for
the 2015 Ozone NAAQS: Emissions
Inventory and Emissions Statement
Requirements’’ (‘‘2020 Clark County
EI’’). The 2020 Clark County EI
submittal includes a 2017 base year
emissions inventory for the Las Vegas
Valley nonattainment area and
supporting documentation regarding the
development of the inventory,
developed by the Clark County
Department of Environment and
Sustainability (CCDES). CCDES
provided supplementary information to
the 2020 Clark County EI on February
10, 2022, February 14, 2022, and March
30, 2022, to address comments and
questions raised by the EPA on receipt
of CCDES’s prior submittal. Together
these three supplementary exchanges
are known as the ‘‘2020 Clark County
SI.’’
On June 13, 2022, the EPA proposed
to approve the 2020 Clark County EI and
the 2020 Clark County SI as meeting the
ozone-related base year emissions
inventory requirement for the Las Vegas
Valley ozone nonattainment area for the
2015 ozone NAAQS.1 Our June 13, 2022
proposed rule also discussed the
following: background on the 2015
ozone NAAQS; an overview of the base
year emissions inventory requirements
for the 2015 ozone NAAQS under
sections 172(c)(3) and 182(a)(1) of the
CAA and under the EPA’s implementing
regulations for the 2015 ozone NAAQS
at 40 CFR 51.1315; an overview of
NDEP’s SIP revisions submitted to meet
the ozone base year emissions inventory
requirement for the Las Vegas Valley
nonattainment area; a discussion of the
1 87
FR 35705.
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Federal Register / Vol. 87, No. 218 / Monday, November 14, 2022 / Rules and Regulations
public notice and hearing procedures
conducted by NDEP to meet the
requirements of CAA sections 110(a)(1)
and 110(l) and 40 CFR 51.102; and our
evaluation of NDEP’s SIP submittals.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period that
ended on July 13, 2022. During this
period, we received one comment on
our proposed rulemaking submitted
from a private individual.2 This
comment is available in the docket for
this rulemaking.3
A. Comment Summary
The comment letter from a private
individual expresses concern that
increased combustion of fossil fuels in
Clark County is largely responsible for
the area’s worsening air quality in
recent years. The commentor also
expresses concern that Congressional
legislation may result in the sale of
federal lands in Clark County,
promoting urban sprawl, and thus
increased combustion of fossil fuels.
The commentor emphasizes a need for
this additional sprawl to be factored
into Nevada’s calculations of a ‘‘safe
level of ozone emissions’’ and
‘‘believe(s) that the likelihood of
continued urban sprawl in the county
should be relevant to the accuracy and
credibility of these calculations.’’ 4
Finally, the commenter states their
belief that this urban sprawl will slow
the transition away from fossil fuels and
towards clean renewable energy
sources.
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B. EPA Response
The EPA appreciates the commenter’s
concern about how potential changes in
the Las Vegas Valley nonattainment area
(NAA) may lead to increased
combustion of fossil fuels in the NAA.
As discussed in the proposed notice,
emissions inventories are an estimation
of actual emissions of air pollutants
within the NAA that are currently
typical of an ozone season day.5 Base
year emissions inventories, such as the
2020 Clark County EI are, ‘‘the starting
point from which other SIP-related
inventories are derived’’ and ‘‘provides
a way for decision makers to consider
2 Comment dated June 13, 2022, from Richard
Spotts.
3 Comments are publicly available at https://
www.regulations.gov/docket/EPA-R09-OAR-20220131/comments.
4 Id.
5 EPA, Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter
National Ambient Air Quality Standards (NAAQS)
and Regional Haze Regulations, May 2017, Section
2.5.2, Section 3.3.
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the sources of emissions that contribute
to relevant pollutants and consider
emission reduction strategies needed for
the SIP.’’ 6 As such, emissions
inventories provide emissions data that
inform a variety of a state’s air quality
planning tasks, and represent a required
element under the CAA for areas that
are not attaining the NAAQS established
by the EPA. The 2020 Clark County EI
was submitted to comply with the
emissions inventory requirements for
‘‘Marginal’’ nonattainment areas for the
2015 ozone standard.7 Thus this
emissions inventory is not intended for
use in developing a ‘‘safe level of
emissions’’ but rather to characterize
emissions in the base year as required
under the CAA.8 The base year
emissions inventory is for a year in the
recent past; it does not include the
effects of future growth. Instead, it
represents emissions at a snapshot in
time. The emissions inventory in the
2020 Clark County EI represents the
typical ozone season day emissions
from 2017 within the existing
nonattainment area boundary and does
not consider future urban growth nor
future emissions.
The commentor seems to suggest that
air quality in the Las Vegas Valley NAA
has worsened in recent years. Although
not directly relevant to whether it is
appropriate for EPA to approve the SIP
revision at issue in this action, we note
that although the 2018 design value
(DV) was higher than the 2017 DV, the
2019, 2020, and 2021 DVs remained at
or below the 2017 DV of 0.074 ppm.9
While some fluctuations in DVs have
occurred, the last 5 years of DVs do not
indicate a trend of worsening ozone air
quality in the NAA.
As noted, this action only concerns
approval of the emissions inventory
submitted for the Las Vegas Valley NAA
for the 2015 ozone NAAQS. Although
not directly relevant to whether such a
SIP revision is appropriately approved
by the EPA, the Agency notes that on
July 22, 2022, the EPA proposed to
reclassify the Las Vegas Valley NAA as
‘‘Moderate’’ for the 2015 ozone
NAAQS.10 If finalized, Clark County
will be required to submit a Moderate
plan which provides for, ‘‘such specific
annual reductions in emissions . . . . as
necessary to attain the primary NAAQS
6 Id.
Section 3.3.
FR 65292.
8 CAA Section 182(a)(1).
9 The Las Vegas Valley 8-hour ozone DVs for
2017, 2018, 2019, 2020, and 2021 were 0.074 parts
per million (ppm), 0.076 ppm, 0.073 ppm, 0.074
ppm, and 0.073 ppm respectively. EPA, Ozone
Design Value Reports, https://www.epa.gov/airtrends/air-quality-design-values.
10 87 FR 43764 (July 22, 2022).
7 80
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by the attainment date applicable under
this act.’’ 11 Future growth within the
NAA and potential growth of emissions
will be projected and accounted for in
this demonstration of attainment. The
demonstration of attainment will
include motor vehicle emissions
budgets (‘‘budgets’’), which represent
the levels of nitrogen oxides (NOX) and
volatile organic compound (VOC)
emissions from motor vehicles in the
2023 attainment year that are consistent
with attaining the 2015 ozone NAAQS.
After the budgets are either found
adequate or are approved by the EPA,
they will be used by the metropolitan
planning organization (MPO) for the Las
Vegas Valley NAA in future
transportation conformity
determinations. When the MPO makes
transportation conformity
determinations, it must project on-road
emissions of NOX and VOCs through the
last year of the MPO’s transportation
plan, which is at least 20 years into the
future, and demonstrate that the
projected emissions are less than or
equal to the budgets.12 This will show
that even if there is increased travel
within the Las Vegas Valley NAA in the
future, emissions of NOX and VOCs will
not increase above levels that are
consistent with attaining the 2015 ozone
NAAQS.
Based on our review of the 2020 Clark
County EI, we have determined that the
submitted emissions inventory
adequately addresses all emission
sources within the Las Vegas Valley
NAA as of the submission date of
October 15, 2020. Any future new or
expanded emissions source within the
NAA will be subject to control mandates
as outlined in the CAA.13 For example,
as a Marginal nonattainment area, the
New Source Review Program will
ensure all new and modified major
sources in the NAA will offset
emissions at a ratio of 1 to 1.1.14
Additionally, all major sources within
the NAA will be required to report
annual emissions, and these emissions
will be included in future modeling and
attainment calculations related to the
Las Vegas Valley NAA.15
For these reasons, we have
determined that the 2020 Clark County
EI meets the statutory and regulatory
requirements for emission inventories.
Control mandates and planning
requirements for Marginal areas are
adequate to ensure that any new sources
within the NAA are accounted for in
11 CAA
Section 182(b)(1).
CFR 93.106(a)(1)(iv) and 40 CFR 93.118(a).
13 CAA Section 182(a)(2)(C), 182(a)(3)(B).
14 CAA Section 182(a)(4).
15 CAA Section 182(a)(3)(b).
12 40
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Federal Register / Vol. 87, No. 218 / Monday, November 14, 2022 / Rules and Regulations
future emissions estimates and
modeling.16
III. EPA Action
For the reasons described in our June
13, 2022 proposed action, we are taking
final action to approve the 2020 Clark
County EI as meeting the base year
emissions inventory requirement for the
Las Vegas Valley ozone nonattainment
areas for the 2015 ozone NAAQS. The
emissions inventory in the 2020 Clark
County EI submittal and additional
information collected in the 2020 Clark
County SI contains comprehensive,
accurate, and current inventories of
actual emissions for all relevant sources
in accordance with CAA sections
172(c)(3) and 182(a).
IV. Statutory and Executive Order
Reviews
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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 state law 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
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
16 CAA
Section 182(a).
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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); and
• 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.
The state did not evaluate
environmental justice considerations as
part of its SIP submittal. There is no
information in the record inconsistent
with the stated goals of Executive Order
12898 of achieving environmental
justice for people of color, low-income
populations, and indigenous peoples.
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 have areas of Indian
country located within the Las Vegas
Valley nonattainment area for the 2015
ozone NAAQS. In those areas of Indian
country, this final 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. 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).
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68059
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 January 13, 2023.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 19, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the EPA amends chapter I,
title 40 of the Code of Federal
Regulations 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. In § 52.1470(e), amend the table
under the heading ‘‘AIR QUALITY
IMPLEMENTATION PLAN FOR THE
STATE OF NEVADA,’’ by adding an
entry for ‘‘Revision to 2015 Eight-Hour
Ozone Plan, Emissions Inventory
Requirement for the Las Vegas Valley
Nonattainment Area, Clark County, NV
(October 15, 2020)’’ before the entry for
‘‘PM–10 State Implementation Plan for
Clark County, June 2001’’ to read as
follows:
■
§ 52.1470
*
Identification of plan.
*
*
(e) * * *
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*
68060
Federal Register / Vol. 87, No. 218 / Monday, November 14, 2022 / Rules and Regulations
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic
or nonattainment
area
Name of SIP provision
State
submittal
date
EPA approval
date
Explanation
AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA 1
*
*
Revision to Nevada 2015 Eight-Hour Ozone
Plan, Emissions Inventory Requirement for
the Las Vegas Valley Nonattainment Area,
Clark County, NV (October 15, 2020).
*
*
*
Las Vegas
Valley,
Clark
County.
*
10/15/2020
*
*
11/14/2022,
[INSERT
FEDERAL
REGISTER
CITATION].
*
*
*
Adopted by the Clark County Board of County
Commissioners on September 1, 2020. Submitted by NDEP electronically on October
15, 2020, as an attachment to a letter dated
October 8, 2020. Approval of the Base-Year
Emissions Inventory for the 2015 Eight Hour
ozone NAAQS.
*
*
*
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. 2022–23345 Filed 11–10–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 141
[EPA–HQ–OW–2018–0594; FRL–7251–02–
OW]
Drinking Water Contaminant Candidate
List 5—Final
Environmental Protection
Agency (EPA).
ACTION: Availability of list.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is issuing the
Contaminant Candidate List (CCL)
which is a list of contaminants in
drinking water that are currently not
subject to any proposed or promulgated
national primary drinking water
regulations. In addition, these
contaminants are known or anticipated
to occur in public water systems and
may require regulation under the Safe
Drinking Water Act (SDWA). This list is
the Fifth Contaminant Candidate List
(CCL 5) published by the agency since
the SDWA amendments of 1996. CCL 5
includes 66 chemicals, 3 chemical
groups (cyanotoxins, disinfection
byproducts (DBPs), and per- and
polyfluoroalkyl substances (PFAS)), and
12 microbial contaminants.
DATES: November 14, 2022.
FOR FURTHER INFORMATION CONTACT: For
information on chemical contaminants
contact Kesha Forrest, Office of Ground
Water and Drinking Water, Standards
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SUMMARY:
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and Risk Management Division, at (202)
564–3632 or email forrest.kesha@
epa.gov. For information on microbial
contaminants contact Nicole Tucker,
Office of Ground Water and Drinking
Water, Standards and Risk Management
Division, at (202) 564–1946 or email
tucker.nicole@epa.gov.
For more information visit https://
www.epa.gov/ccl.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Does this action impose any
requirements on public water systems?
B. How can I get copies of this document
and other related information?
1. Docket
2. Electronic Access
C. What is the purpose of this action?
D. Background and Statutory Requirements
for CCL, Regulatory Determination and
Unregulated Contaminant Monitoring
Rule
1. Contaminant Candidate List
2. Regulatory Determination
3. Unregulated Contaminant Monitoring
Rule
E. Interrelationship Between CCL,
Regulatory Determination, and
Unregulated Contaminant Monitoring
Rule
F. Summary of Previous CCLs and
Regulatory Determinations
1. The First Contaminant Candidate List
2. The Regulatory Determinations for CCL
1 Contaminants
3. The Second Contaminant Candidate List
4. The Regulatory Determinations for CCL
2 Contaminants
5. The Third Contaminant Candidate List
6. The Regulatory Determinations for CCL
3 Contaminants
7. The Fourth Contaminant Candidate List
8. The Regulatory Determinations for CCL
4 Contaminants
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II. What is on EPA’s drinking water
Contaminant Candidate List 5?
A. Chemical Contaminants
B. Microbial Contaminants
III. Summary of the Approach Used To
Identify and Select Candidates for the
CCL 5
A. Overview of the Three-Step
Development Process
1. Chemical Contaminants
2. Microbial Contaminants
B. Summary of Nominated Candidates for
the CCL 5
1. Chemical Nominations and Listing
Outcomes
2. Microbial Nominations and Listing
Outcomes
C. Chemical Groups on the CCL 5
IV. What comments did EPA receive on the
Draft CCL 5 and how did the Agency
respond?
A. Public Comments
1. General Comments
2. Chemical Process and Chemical
Contaminants
a. Chemical Data/Data Sources
b. Chemical Groups
i. Cyanotoxins
ii. DBPs
iii. PFAS
c. Individual Chemical Contaminants
3. The Microbial Process and Microbial
Contaminants
a. Comments on Individual Microbial
Contaminants
4. Contaminants Not on CCL 5
5. Suggestions To Improve Future CCLs
B. Recommendations From the EPA
Science Advisory Board
1. Overall SAB Recommendations
2. Recommendations for Future CCLs
3. EPA’s Overall Response to SAB
Recommendations
V. Data Availability for CCL 5 Contaminants
VI. Next Steps and Future Contaminant
Candidate Lists
VII. References
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]]>Agencies
[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Rules and Regulations]
[Pages 68057-68060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23345]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0131; FRL-9739-02-R9]
Clean Air Plans; Base Year Emissions Inventories for the 2015
Ozone Standards; Nevada; Clark County, Las Vegas Valley
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA or ``Act''), revisions to the Nevada state
implementation plan (SIP) concerning the base year emissions inventory
requirements for the Las Vegas Valley ozone nonattainment area for the
2015 ozone national ambient air quality standards (NAAQS or
``standards'').
DATES: This rule is effective December 15, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0131. 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 (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: Lindsay Wickersham, Air Planning
Office (AIR-2), EPA Region IX, (415) 947-4192,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
A. Comment Summary
B. EPA Response
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On October 15, 2020, the Nevada Department of Environmental
Protection (NDEP) submitted a revision to the Nevada SIP titled,
``Revision to the Nevada State Implementation Plan for the 2015 Ozone
NAAQS: Emissions Inventory and Emissions Statement Requirements''
(``2020 Clark County EI''). The 2020 Clark County EI submittal includes
a 2017 base year emissions inventory for the Las Vegas Valley
nonattainment area and supporting documentation regarding the
development of the inventory, developed by the Clark County Department
of Environment and Sustainability (CCDES). CCDES provided supplementary
information to the 2020 Clark County EI on February 10, 2022, February
14, 2022, and March 30, 2022, to address comments and questions raised
by the EPA on receipt of CCDES's prior submittal. Together these three
supplementary exchanges are known as the ``2020 Clark County SI.''
On June 13, 2022, the EPA proposed to approve the 2020 Clark County
EI and the 2020 Clark County SI as meeting the ozone-related base year
emissions inventory requirement for the Las Vegas Valley ozone
nonattainment area for the 2015 ozone NAAQS.\1\ Our June 13, 2022
proposed rule also discussed the following: background on the 2015
ozone NAAQS; an overview of the base year emissions inventory
requirements for the 2015 ozone NAAQS under sections 172(c)(3) and
182(a)(1) of the CAA and under the EPA's implementing regulations for
the 2015 ozone NAAQS at 40 CFR 51.1315; an overview of NDEP's SIP
revisions submitted to meet the ozone base year emissions inventory
requirement for the Las Vegas Valley nonattainment area; a discussion
of the
[[Page 68058]]
public notice and hearing procedures conducted by NDEP to meet the
requirements of CAA sections 110(a)(1) and 110(l) and 40 CFR 51.102;
and our evaluation of NDEP's SIP submittals.
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\1\ 87 FR 35705.
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II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period
that ended on July 13, 2022. During this period, we received one
comment on our proposed rulemaking submitted from a private
individual.\2\ This comment is available in the docket for this
rulemaking.\3\
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\2\ Comment dated June 13, 2022, from Richard Spotts.
\3\ Comments are publicly available at https://www.regulations.gov/docket/EPA-R09-OAR-2022-0131/comments.
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A. Comment Summary
The comment letter from a private individual expresses concern that
increased combustion of fossil fuels in Clark County is largely
responsible for the area's worsening air quality in recent years. The
commentor also expresses concern that Congressional legislation may
result in the sale of federal lands in Clark County, promoting urban
sprawl, and thus increased combustion of fossil fuels. The commentor
emphasizes a need for this additional sprawl to be factored into
Nevada's calculations of a ``safe level of ozone emissions'' and
``believe(s) that the likelihood of continued urban sprawl in the
county should be relevant to the accuracy and credibility of these
calculations.'' \4\ Finally, the commenter states their belief that
this urban sprawl will slow the transition away from fossil fuels and
towards clean renewable energy sources.
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\4\ Id.
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B. EPA Response
The EPA appreciates the commenter's concern about how potential
changes in the Las Vegas Valley nonattainment area (NAA) may lead to
increased combustion of fossil fuels in the NAA. As discussed in the
proposed notice, emissions inventories are an estimation of actual
emissions of air pollutants within the NAA that are currently typical
of an ozone season day.\5\ Base year emissions inventories, such as the
2020 Clark County EI are, ``the starting point from which other SIP-
related inventories are derived'' and ``provides a way for decision
makers to consider the sources of emissions that contribute to relevant
pollutants and consider emission reduction strategies needed for the
SIP.'' \6\ As such, emissions inventories provide emissions data that
inform a variety of a state's air quality planning tasks, and represent
a required element under the CAA for areas that are not attaining the
NAAQS established by the EPA. The 2020 Clark County EI was submitted to
comply with the emissions inventory requirements for ``Marginal''
nonattainment areas for the 2015 ozone standard.\7\ Thus this emissions
inventory is not intended for use in developing a ``safe level of
emissions'' but rather to characterize emissions in the base year as
required under the CAA.\8\ The base year emissions inventory is for a
year in the recent past; it does not include the effects of future
growth. Instead, it represents emissions at a snapshot in time. The
emissions inventory in the 2020 Clark County EI represents the typical
ozone season day emissions from 2017 within the existing nonattainment
area boundary and does not consider future urban growth nor future
emissions.
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\5\ EPA, Emissions Inventory Guidance for Implementation of
Ozone and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations, May 2017, Section 2.5.2,
Section 3.3.
\6\ Id. Section 3.3.
\7\ 80 FR 65292.
\8\ CAA Section 182(a)(1).
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The commentor seems to suggest that air quality in the Las Vegas
Valley NAA has worsened in recent years. Although not directly relevant
to whether it is appropriate for EPA to approve the SIP revision at
issue in this action, we note that although the 2018 design value (DV)
was higher than the 2017 DV, the 2019, 2020, and 2021 DVs remained at
or below the 2017 DV of 0.074 ppm.\9\ While some fluctuations in DVs
have occurred, the last 5 years of DVs do not indicate a trend of
worsening ozone air quality in the NAA.
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\9\ The Las Vegas Valley 8-hour ozone DVs for 2017, 2018, 2019,
2020, and 2021 were 0.074 parts per million (ppm), 0.076 ppm, 0.073
ppm, 0.074 ppm, and 0.073 ppm respectively. EPA, Ozone Design Value
Reports, https://www.epa.gov/air-trends/air-quality-design-values.
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As noted, this action only concerns approval of the emissions
inventory submitted for the Las Vegas Valley NAA for the 2015 ozone
NAAQS. Although not directly relevant to whether such a SIP revision is
appropriately approved by the EPA, the Agency notes that on July 22,
2022, the EPA proposed to reclassify the Las Vegas Valley NAA as
``Moderate'' for the 2015 ozone NAAQS.\10\ If finalized, Clark County
will be required to submit a Moderate plan which provides for, ``such
specific annual reductions in emissions . . . . as necessary to attain
the primary NAAQS by the attainment date applicable under this act.''
\11\ Future growth within the NAA and potential growth of emissions
will be projected and accounted for in this demonstration of
attainment. The demonstration of attainment will include motor vehicle
emissions budgets (``budgets''), which represent the levels of nitrogen
oxides (NOX) and volatile organic compound (VOC) emissions
from motor vehicles in the 2023 attainment year that are consistent
with attaining the 2015 ozone NAAQS. After the budgets are either found
adequate or are approved by the EPA, they will be used by the
metropolitan planning organization (MPO) for the Las Vegas Valley NAA
in future transportation conformity determinations. When the MPO makes
transportation conformity determinations, it must project on-road
emissions of NOX and VOCs through the last year of the MPO's
transportation plan, which is at least 20 years into the future, and
demonstrate that the projected emissions are less than or equal to the
budgets.\12\ This will show that even if there is increased travel
within the Las Vegas Valley NAA in the future, emissions of
NOX and VOCs will not increase above levels that are
consistent with attaining the 2015 ozone NAAQS.
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\10\ 87 FR 43764 (July 22, 2022).
\11\ CAA Section 182(b)(1).
\12\ 40 CFR 93.106(a)(1)(iv) and 40 CFR 93.118(a).
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Based on our review of the 2020 Clark County EI, we have determined
that the submitted emissions inventory adequately addresses all
emission sources within the Las Vegas Valley NAA as of the submission
date of October 15, 2020. Any future new or expanded emissions source
within the NAA will be subject to control mandates as outlined in the
CAA.\13\ For example, as a Marginal nonattainment area, the New Source
Review Program will ensure all new and modified major sources in the
NAA will offset emissions at a ratio of 1 to 1.1.\14\ Additionally, all
major sources within the NAA will be required to report annual
emissions, and these emissions will be included in future modeling and
attainment calculations related to the Las Vegas Valley NAA.\15\
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\13\ CAA Section 182(a)(2)(C), 182(a)(3)(B).
\14\ CAA Section 182(a)(4).
\15\ CAA Section 182(a)(3)(b).
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For these reasons, we have determined that the 2020 Clark County EI
meets the statutory and regulatory requirements for emission
inventories. Control mandates and planning requirements for Marginal
areas are adequate to ensure that any new sources within the NAA are
accounted for in
[[Page 68059]]
future emissions estimates and modeling.\16\
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\16\ CAA Section 182(a).
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III. EPA Action
For the reasons described in our June 13, 2022 proposed action, we
are taking final action to approve the 2020 Clark County EI as meeting
the base year emissions inventory requirement for the Las Vegas Valley
ozone nonattainment areas for the 2015 ozone NAAQS. The emissions
inventory in the 2020 Clark County EI submittal and additional
information collected in the 2020 Clark County SI contains
comprehensive, accurate, and current inventories of actual emissions
for all relevant sources in accordance with CAA sections 172(c)(3) and
182(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 state law 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 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); and
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.
The state did not evaluate environmental justice considerations as
part of its SIP submittal. There is no information in the record
inconsistent with the stated goals of Executive Order 12898 of
achieving environmental justice for people of color, low-income
populations, and indigenous peoples.
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 have areas of Indian
country located within the Las Vegas Valley nonattainment area for the
2015 ozone NAAQS. In those areas of Indian country, this final 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. 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 January 13, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 19, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends chapter I,
title 40 of the Code of Federal Regulations 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), amend the table under the heading ``AIR QUALITY
IMPLEMENTATION PLAN FOR THE STATE OF NEVADA,'' by adding an entry for
``Revision to 2015 Eight-Hour Ozone Plan, Emissions Inventory
Requirement for the Las Vegas Valley Nonattainment Area, Clark County,
NV (October 15, 2020)'' before the entry for ``PM-10 State
Implementation Plan for Clark County, June 2001'' to read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(e) * * *
[[Page 68060]]
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable
Name of SIP provision geographic or State EPA approval date Explanation
nonattainment area submittal date
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AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA \1\
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* * * * * * *
Revision to Nevada 2015 Eight- Las Vegas Valley, 10/15/2020 11/14/2022, Adopted by the Clark
Hour Ozone Plan, Emissions Clark County. [INSERT FEDERAL County Board of County
Inventory Requirement for the REGISTER Commissioners on
Las Vegas Valley Nonattainment CITATION]. September 1, 2020.
Area, Clark County, NV Submitted by NDEP
(October 15, 2020). electronically on
October 15, 2020, as
an attachment to a
letter dated October
8, 2020. Approval of
the Base-Year
Emissions Inventory
for the 2015 Eight
Hour ozone NAAQS.
* * * * * * *
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\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).
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[FR Doc. 2022-23345 Filed 11-10-22; 8:45 am]
BILLING CODE 6560-50-P
