Partial Approval, Conditional Approval, and Partial Disapproval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements for Fine Particulate Matter, 10044-10049 [2023-02999]
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Federal Register / Vol. 88, No. 32 / Thursday, February 16, 2023 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0704; FRL–10224–
02–R9]
Partial Approval, Conditional Approval,
and Partial Disapproval of Air Quality
State Implementation Plans; Nevada;
Infrastructure Requirements for Fine
Particulate Matter
The Environmental Protection
Agency (EPA) is approving in part,
conditionally approving in part, and
disapproving in part a state
implementation plan (SIP) revision
submitted by the State of Nevada
pursuant to the requirements of the
Clean Air Act (CAA or ‘‘Act’’) for the
implementation, maintenance, and
enforcement of the 2012 national
ambient air quality standards (NAAQS)
for particulate matter less than 2.5
micrometers in diameter (PM2.5). As part
of this action, we are reclassifying
certain regions of the State for
emergency episode planning purposes
with respect to PM2.5. We are also
approving an exemption from
emergency episode planning
requirements for PM2.5 for the Nevada
Division of Environmental Protection
(NDEP) and Washoe County. Finally, we
are approving two new definitions and
four regulatory revisions into the
Nevada SIP.
DATES: This rule is effective March 20,
2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0704. 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
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Table of Contents
I. Background
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY:
contact the person identified in the FOR
section.
FOR FURTHER INFORMATION CONTACT: Tom
Kelly, Air Planning Office (AIR–2), EPA
Region IX, 75 Hawthorne Street, San
Francisco, CA 94105, (415) 972–3247, or
by email at kelly.thomasp@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
FURTHER INFORMATION CONTACT
I. Background
A. Statutory Requirements
Section 110(a)(1) of the CAA requires
each state to submit to the EPA, within
three years after the promulgation of a
primary or secondary NAAQS or any
revision thereof, a SIP revision that
provides for the implementation,
maintenance, and enforcement of such
NAAQS.
Section 110(a)(2) of the CAA contains
the infrastructure SIP requirements,
which generally relate to the
information, authorities, compliance
assurances, procedural requirements,
and control measures that constitute the
‘‘infrastructure’’ of a state’s air quality
management program. These
infrastructure SIP requirements (or
‘‘elements’’) required by section
110(a)(2) are as follows:
• Section 110(a)(2)(A): Emission
limits and other control measures.
• Section 110(a)(2)(B): Ambient air
quality monitoring/data system.
• Section 110(a)(2)(C): Program for
enforcement of control measures and
regulation of new and modified
stationary sources.
• Section 110(a)(2)(D)(i): Interstate
pollution transport.
• Section 110(a)(2)(D)(ii): Interstate
pollution abatement and international
air pollution.
• Section 110(a)(2)(E): Adequate
resources and authority, conflict of
interest, and oversight of local and
regional government agencies.
• Section 110(a)(2)(F): Stationary
source monitoring and reporting.
• Section 110(a)(2)(G): Emergency
episodes.
• Section 110(a)(2)(H): SIP revisions.
• Section 110(a)(2)(J): Consultation
with government officials, public
notification, prevention of significant
deterioration (PSD), and visibility
protection.
• Section 110(a)(2)(K): Air quality
modeling and submittal of modeling
data.
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• Section 110(a)(2)(L): Permitting
fees.
• Section 110(a)(2)(M): Consultation/
participation by affected local entities.
Two elements identified in section
110(a)(2) are not governed by the threeyear submittal deadline of section
110(a)(1) and are therefore not
addressed in this action. These two
elements are: (i) section 110(a)(2)(C), to
the extent it refers to permit programs
required under part D (nonattainment
new source review (NSR)), and (ii)
section 110(a)(2)(I), pertaining to the
nonattainment planning requirements of
part D. As a result, this action does not
address requirements for the
nonattainment NSR portion of section
110(a)(2)(C) or the whole of section
110(a)(2)(I).
B. NAAQS Addressed by This Final
Rule
On January 15, 2013, the EPA
promulgated a revised primary NAAQS
for PM2.5, triggering a requirement for
states to submit infrastructure SIPs by
December 15, 2015. The revised
standard lowered the annual PM2.5
NAAQS to 12.0 micrograms per cubic
meter (mg/m3) to provide increased
protection against health effects
associated with long- and short-term
exposures (including premature
mortality, increased hospital admissions
and emergency department visits, and
development of chronic respiratory
disease).1
The NDEP made a submittal
addressing the infrastructure SIP
requirements for the 2012 PM2.5 NAAQS
on December 11, 2015 (‘‘Nevada’s
Infrastructure SIP Submittal’’).2 It
included separate sections for Clark
County 3 and Washoe County.4 We refer
1 78
FR 3086 (January 15, 2013).
and enclosures from David Emme,
Administrator, NDEP, to Jared Blumenfeld,
Regional Administrator, EPA Region IX, RE: The
Nevada State Implementation Plan for the 2012
Annual Primary Fine Particulate Matter NAAQS,
dated December 11, 2015, with enclosures
including the Nevada Division of Environmental
Protection Portion of the Nevada State
Implementation Plan for the 2012 Annual Primary
Fine Particulate Matter NAAQS, dated December
11, 2015.
3 Letter from Lewis Wallenmeyer, Director, Clark
County Department of Air Quality, to David Emme,
Administrator, NDEP, Subject: ‘‘the Clark County
Portion of the PM2.5 State Implementation Plan,’’
dated August 20, 2015, including the enclosed
Clark County Portion of the State Implementation
Plan to Meet the PM2.5 SIP Requirements of the
Clean Air Act Section 110(a)(2), dated August 2015.
4 Letter from Charlene Albee, Director, Washoe
County Health District, to Dave Emme,
Administrator, Nevada Division of Environmental
Protection, Subject: ‘‘PM2.5 State Implementation
Plan for the 2012 Annual NAAQS,’’ dated
December 4, 2015, with enclosures, including: the
Washoe County Portion of the Nevada State
Implementation Plan to Meet the PM2.5
2 Letter
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to each individual section as that
agency’s or County’s portion of the
submittal. In accordance with CAA
section 110(k)(1)(B), Nevada’s
Infrastructure SIP Submittal became
complete by operation of law on June
11, 2016.
C. EPA’s Proposal
1. Approvals and Partial Approvals
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(a) Infrastructure SIP Requirements
On October 20, 2022, we proposed to
approve and partially approve Nevada’s
Infrastructure SIP Submittal for the
requirements of the following sections
of the CAA: 5
• 110(a)(2)(A): Emission limits and
other control measures.
• 110(a)(2)(B): Ambient air quality
monitoring/data system.
• 110(a)(2)(C) (in part): Program for
enforcement of control measures (full
approval), and regulation of new
stationary sources (approval for Clark
County only) and minor sources (full
approval).
• 110(a)(2)(D) (in part): Interstate
Pollution Transport.
o 110(a)(2)(D)(i)(I)—significant
contribution to a nonattainment area
(prong 1).
o 110(a)(2)(D)(i)(I)—interference with
a maintenance area (prong 2).
o 110(a)(2)(D)(i)(II) (in part)—
interference with PSD (prong 3)
(approval for Clark County only).
o 110(a)(2)(D)(ii) (in part)—interstate
pollution abatement (approval for Clark
County only) and international air
pollution.
• 110(a)(2)(E): Adequate resources
and authority, conflict of interest, and
oversight of local governments and
regional agencies.
• 110(a)(2)(F): Stationary source
monitoring and reporting.
• 110(a)(2)(G): Emergency episodes.
• 110(a)(2)(H): SIP revisions.
• 110(a)(2)(J) (in part): Consultation
with government officials, public
notification (conditional approval for
NDEP and Washoe County, approval for
Clark County), and PSD and visibility
protection (approval for Clark County
only).
• 110(a)(2)(K): Air quality modeling
and submission of modeling data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
(b) Proposed Approval of State
Provisions Into the Nevada SIP
As part of our proposed action of
Nevada’s Infrastructure SIP Submittal,
Infrastructure SIP Requirements of Clean Air Act
Section 110(a)(2), dated October 22, 2015.
5 87 FR 63744 (October 20, 2022).
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we proposed approval of several state
regulations into the Nevada SIP. Two
provisions, NAC 445B.1349 and NAC
445B.1355, define ‘‘PM2.5 emissions’’
and ‘‘PM10 emissions,’’ respectively, to
include vapors that can condense to
form PM2.5 and PM10. Three provisions
are revisions to NAC 445B.2203, NAC
445B.2207, and NAC 445B.22096 and
replace the term ‘‘emissions of PM10’’
with ‘‘PM10 emissions,’’ Finally, NAC
445B.22097 revises the State annual
PM2.5 emissions standard from 15.0 mg/
m3 to 12.0 mg/m3 to be consistent with
the 2012 PM2.5 NAAQS.
2. Conditional Approvals
The EPA proposed to conditionally
approve of the portions of the NDEP and
Washoe County Infrastructure SIP
Submittals addressing the public
notification requirements of CAA
section 110(a)(2)(J) for the 2012 PM2.5
NAAQS.
3. Partial Disapprovals
The EPA proposed to partially
disapprove Nevada’s Infrastructure SIP
Submittal with respect to the following
infrastructure SIP requirements:
• 110(a)(2)(C) (in part): Regulation of
new and modified stationary sources
(disapproval for the NDEP and Washoe
County).
• 110(a)(2)(D)(i)(II) (in part):
interference with PSD (prong 3)
(disapproval for the NDEP and Washoe
County).
• 110(a)(2)(D)(ii) (in part): interstate
pollution abatement (disapproval for the
NDEP and Washoe County).
• 110(a)(2)(J) (in part): PSD
(disapproval for the NDEP and Washoe
County).
Although the NDEP and Washoe
County portions of the SIP remain
deficient with respect to PSD
requirements, the EPA noted that the
proposed disapproval, if finalized,
would have no consequences, as both
agencies implement the Federal PSD
program at 40 CFR 52.21 for all
regulated NSR pollutants, pursuant to
delegation agreements with the EPA.
3. Reclassification and Exemption
We proposed to retain the Priority I
classification for the Las Vegas Intrastate
and Northwest Nevada Intrastate Air
Quality Control Regions (AQCR) and
reclassify the Nevada Intrastate AQCR to
Priority III. Priority I regions are
required to have SIP approved
emergency episode plans, also called
contingency plans. We proposed to
exempt the Northwest Nevada Intrastate
AQCR, which includes areas regulated
by the NDEP and Washoe County, from
this requirement pursuant to 40 CFR
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10045
51.152(d)(1) due to the AQCR’s
attainment status.
4. Deferred Action
The EPA did not propose action on
the interstate transport visibility
requirements of 110(a)(2)(D)(i)(II),
which is also called Prong 4 of the
interstate transport requirements. On
August 12, 2022, NDEP and Clark
County withdrew the Prong 4 element
in the Nevada’s Infrastructure SIP
Submittal and submitted a revised
Prong 4 element with the State’s
Regional Haze Plan for the 2nd Planning
Period.6 The EPA intends to act on the
revised Prong 4 element when we act on
Nevada’s Regional Haze Plan for the 2nd
Planning Period.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period that
ended on November 16, 2020. During
this period, the EPA received three
separate anonymous comments. The full
text of all three comments is available
in the docket for this rulemaking.
One commenter stated that the
rulemaking was a good idea but noted
that Reno had bad air quality a few
months ago and suggested that stricter
air quality standards would improve air
quality. After reviewing the comment,
the EPA has determined that the
comment is supportive of our action and
does not necessitate a substantive
response. However, we also note that
the purpose of infrastructure SIP
submittals is to provide for the
implementation, maintenance, and
enforcement of each primary or
secondary NAAQS. The requirement to
develop control measures to improve air
quality typically occurs as part of the
EPA’s nonattainment plan review under
Part D of title I of the CAA when an area
is not attaining the NAAQS.7 Here,
6 See letter dated August 12, 2022, from Greg
Lovato, Administrator, Nevada Department of
Environmental Protection, to Martha Guzman,
Regional Administrator, EPA Region IX, re: The
Nevada State Implementation Plan for the Regional
Haze Rule for the Second Planning Period;
Withdrawal and Replacement of Elements of the
2012 PM2.5 NAAQS and 2015 Ozone NAAQS
Infrastructure SIPs.
7 As noted in section I.A. of this document and
in the EPA’s 2013 guidance on infrastructure SIPs,
two elements identified in section 110(a)(2) are not
governed by the three-year submittal deadline of
section 110(a)(1) and are therefore not addressed in
this action. These two elements are: (i) section
110(a)(2)(C) to the extent it refers to permit
programs required under part D (nonattainment
NSR), and (ii) section 110(a)(2)(I), pertaining to the
nonattainment planning requirements of part D. As
a result, this action does not address requirements
for the nonattainment NSR portion of section
110(a)(2)(C) or the whole of section 110(a)(2)(I). See
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however, the entire State of Nevada is
designated attainment for the 2012
PM2.5 NAAQS and our action has
merely evaluated whether the state
meets CAA ‘‘infrastructure’’
requirements under section 110(a)(2) of
the Act.
Another commenter recommended
that the EPA hold states accountable for
not meeting air quality standards and
suggested a causal link between
political party affiliation and death rates
among young people. After reviewing
the comment, the EPA has determined
that the comment fails to raise issues
germane to our proposed finding that
the State of Nevada largely meets the
infrastructure SIP requirements of
section 110(a)(2) of the Act, which only
evaluated the State’s ability to
implement, maintain, and enforce the
2012 PM2.5 NAAQS. Therefore, we have
determined that this comment does not
necessitate a response, and the EPA will
not provide a specific response to the
comment in this document.
The final comment recommended that
the Federal Government impose strict
air quality standards on the State of
Utah and proposed a variety of
measures the State of Utah should take
to improve environmental quality. After
reviewing the comment, the EPA has
determined that the comment fails to
raise issues germane to our proposed
finding that the State of Nevada largely
meets the infrastructure SIP
requirements of section 110(a)(2) of the
Act, which only evaluated the State’s
ability to implement, maintain, and
enforce the 2012 PM2.5 NAAQS.
Therefore, we have determined that this
comment does not necessitate a
response, and the EPA will not provide
a specific response to the comment in
this document.
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III. Final Action
A. Partial Approvals, Conditional
Approvals, and Partial Disapprovals
Under CAA section 110(a), we are
partially approving and partially
disapproving Nevada’s Infrastructure
SIP submittal for the 2012 PM2.5
NAAQS. Specifically, we are fully
approving the submittal for the
requirements of CAA sections:
• 110(a)(2)(A): Emission limits and
other control measures.
• 110(a)(2)(B): Ambient air quality
monitoring/data system.
• 110(a)(2)(C) (in part): Program for
enforcement of control measures (full
approval), and regulation of new
‘‘Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections
110(a)(1) and 110(a)(2),’’ Memorandum from
Stephen D. Page, September 13, 2013.
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stationary sources (approval for Clark
County only) and minor sources (full
approval).
• 110(a)(2)(D) (in part): Interstate
Pollution Transport.
Æ 110(a)(2)(D)(i)(I)—significant
contribution to a nonattainment area
(prong 1).
Æ 110(a)(2)(D)(i)((I)—interference
with a maintenance area (prong 2).
Æ 110(a)(2)(D)(i)(II) (in part)—
interference with PSD (prong 3)
(approval for Clark County only) and
visibility transport (prong 4) (deferred).
Æ 110(a)(2)(D)(ii) (in part)—interstate
pollution abatement (approval for Clark
County only) and international air
pollution.
• 110(a)(2)(E): Adequate resources
and authority, conflict of interest, and
oversight of local governments and
regional agencies.
• 110(a)(2)(F): Stationary source
monitoring and reporting.
• 110(a)(2)(G): Emergency episodes.
• 110(a)(2)(H): SIP revisions.
• 110(a)(2)(J) (in part): Consultation
with government officials, public
notification (conditional approval for
NDEP and Washoe County, approval for
Clark County), and PSD and visibility
protection (approval for Clark County
only).
• 110(a)(2)(K): Air quality modeling
and submission of modeling data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
The EPA is taking final action to
conditionally approve of the portions of
the NDEP and Washoe County portions
of Nevada’s Infrastructure SIP Submittal
addressing the public notification
requirements of CAA section 110(a)(2)(J)
for the 2012 PM2.5 NAAQS.
We are taking final action to
disapprove Nevada’s Infrastructure SIP
Submittal with respect to the following
infrastructure SIP requirements:
• 110(a)(2)(C) (in part): Regulation of
new and modified stationary sources
(disapproval for the NDEP and Washoe
County).
• 110(a)(2)(D)(i)(II) (in part):
interference with PSD (prong 3)
(disapproval for the NDEP and Washoe
County).
• 110(a)(2)(D)(ii) (in part): interstate
pollution abatement (disapproval for the
NDEP and Washoe County).
• 110(a)(2)(J) (in part): PSD
(disapproval for the NDEP and Washoe
County).
Although the NDEP and Washoe
County portions of the SIP remain
deficient with respect to PSD
requirements, this final disapproval
action has no consequences, as both
agencies implement the Federal PSD
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program at 40 CFR 52.21 for all
regulated NSR pollutants, pursuant to
delegation agreements with the EPA.
B. Approval of Updated Nevada StateWide Provisions
In this final action, the EPA is also
approving in the Nevada SIP revisions
to the Nevada Administrative Code
(NAC). The EPA is approving into the
SIP two new provisions, NAC
445B.1349 and NAC 445B.1355, to
define ‘‘PM2.5 emissions’’ and ‘‘PM10
emissions’’ to include vapors that can
condense to form PM2.5 and PM10. In
addition, the EPA is approving revisions
to NAC 445B.2203, NAC 445B.2207, and
NAC 445B.22096 and replace the term
‘‘emissions of PM10’’ with ‘‘PM10
emissions.’’ Finally, the EPA is
approving into the Nevada SIP NAC
445B.22097 to revise the State annual
PM2.5 emissions standard from 15.0 mg/
m3 to 12.0 mg/m3 to be consistent with
the 2012 PM2.5 NAAQS. These new and
updated provisions strengthen the SIP
or clarify certain terms in the SIP, as
discussed in the proposed rule, and
meet the requirements of CAA sections
110(a)(2), 110(l), and 193. Therefore, the
EPA is approving the submitted new
and revised rules into the Nevada SIP as
proposed.
C. Reclassification and Exemption of
AQCRs for Emergency Episode Planning
This final rule retains the
classification of the Las Vegas Intrastate
and Northwest Nevada Intrastate AQCRs
as Priority I for emergency episodes and
reclassifies the Nevada Intrastate AQCR
to Priority III. This approval also
exempts the Northwest Nevada
Intrastate AQCR, which includes areas
regulated by the NDEP and Washoe
County, from the emergency episode
plan requirement pursuant to 40 CFR
51.152(d)(1) due to the AQCR’s
attainment status.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference as described
in Section III.B. and set forth below in
the amendments to 40 CFR part 52. The
EPA has made, and will continue to
make, these documents 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).
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
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found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
State, local, or tribal governments, or to
the private sector, will result from this
action.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the National
Government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
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F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because 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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
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G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
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)).
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
Dated: February 6, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The 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 E.O 12898 of
achieving environmental justice for
people of color, low-income
populations, and indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 17, 2023.
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
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List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
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. Amend § 52.1470 as follows:
a. In paragraph (c), table 1:
i. Under the table heading ‘‘Nevada
Administrative Code, Chapter 445B, Air
Controls, Air Pollution; Nevada
Administrative Code, Chapter 445, Air
Controls, Air Pollution; Nevada Air
Quality Regulations—Definitions’’, add
an entry for ‘‘445B.1349’’ after the entry
‘‘445.565’’ and an entry for ‘‘445B.1355’’
after the entry ‘‘445B.135’’.
■ ii. Under the table heading ‘‘Nevada
Administrative Code, Chapter 445B, Air
Controls, Air Pollution; Nevada
Administrative Code, Chapter 445, Air
Controls, Air Pollution; Nevada Air
Quality Regulations—General
Provisions’’:
■ A. Revise the entries for ‘‘445B.2203’’
and ‘‘445B.2207’’.
■ B. Remove the entry ‘‘445B.22096,
excluding the NOX averaging time and
control type for units 1, 2 and 3 and the
NOX emission limit for unit 3 in subparagraph (1)(c), all of which EPA has
disapproved’’ and add the entry
‘‘445B.22096’’ in its place.
■ C. Revise the entry for ‘‘445B.22097’’.
■ b. In paragraph (e), in the table under
the heading ‘‘AIR QUALITY
IMPLEMENTATION PLAN FOR THE
STATE OF NEVADA’’, add the entries
‘‘The Nevada Division of Environmental
Protection Portion of the Nevada State
Implementation Plan for the 2012
■
■
■
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Annual Primary Fine Particulate Matter
NAAQS, excluding the cover letter; the
part addressing the visibility
requirements of CAA 110(a)(2)(D)(i)(II)
on page 9; and Appendices A–D and F–
I’’, ‘‘The Clark County Portion of the
State Implementation Plan to meet the
PM2.5 SIP Requirements of the Clean Air
Act Section 110(a)(2), excluding the
cover letter to NDEP; the part of the
submittal addressing the visibility
requirements of CAA 110(a)(2)(D)(i)(II)
on page 8; and Attachments A, B, and
D’’, and ‘‘The Washoe County Portion of
the Nevada State Implementation Plan
to Meet the PM2.5 Infrastructure SIP
Requirements of Clean Air Act Section
110(a)(2), excluding the cover letter to
NDEP and all Attachments and
Appendices’’ after the entry ‘‘Nevada’s
Clean Air Act § 110(a)(1) and (2) State
Implementation Plan for the 2010 sulfur
dioxide NAAQS, excluding the cover
letter and appendices A–E for NDEP;
excluding the cover letter to NDEP and
attachments A–C for Clark County; and
excluding the cover letter to NDEP,
attachments A–C, and public notice
information for Washoe County’’.
The revisions and additions read as
follows:
§ 52.1470
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA-APPROVED NEVADA REGULATIONS AND STATUTES
State citation
State effective
date
Title/subject
*
*
*
EPA approval date
*
Additional explanation
*
*
*
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445, Air Controls, Air
Pollution; Nevada Air Quality Regulations—Definitions
*
445B.1349 .........................
*
*
‘‘PM2.5 emissions’’ defined
*
10/27/2015
*
*
[INSERT Federal Register CITATION],
2/16/2023.
*
Submitted on 12/11/15.
*
445B.1355 .........................
*
*
‘‘PM10 emissions’’ defined
*
10/27/2015
*
*
[INSERT Federal Register CITATION],
2/16/2023.
*
Submitted on 12/11/15.
*
*
*
*
*
*
*
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445, Air Controls, Air
Pollution; Nevada Air Quality Regulations—General Provisions
*
445B.2203 .........................
*
*
Emissions of particulate
matter: Fuel-burning
equipment.
*
10/27/2015
*
*
[INSERT Federal Register CITATION],
2/16/2023.
*
Most recently approved
version was submitted
on 12/11/15.
*
445B.2207 .........................
*
*
Incinerator burning ...........
*
10/27/2015
*
*
[INSERT Federal Register CITATION],
2/16/2023.
*
Most recently approved
version was submitted
on 12/11/15.
*
445B.22096 .......................
*
*
Control measures constituting BART; limitations
on emissions.
Standards of quality for
ambient air.
*
10/27/2015
*
*
[INSERT Federal Register CITATION],
2/16/2023.
05/16/2018
[INSERT Federal Register CITATION],
2/16/2023.
*
Most recently approved
version was submitted
on 12/11/15.
Most recently approved
version was submitted
on 12/11/15.
445B.22097 .......................
*
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*
*
*
*
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*
*
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*
*
*
(e) * * *
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EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or
nonattainment
area
Name of SIP provision
State
submittal
date
EPA approval date
Additional explanation
Air Quality Implementation Plan for the State of Nevada 1
*
*
*
The Nevada Division of Environmental Protection
Portion of the Nevada State Implementation Plan
for the 2012 Annual Primary Fine Particulate Matter NAAQS, excluding the cover letter; the part
addressing the visibility requirements of CAA
110(a)(2)(D)(i)(II) on page 9; and Appendices A–
D and F–I.
The Clark County Portion of the State Implementation Plan to meet the PM2.5 SIP Requirements of
the Clean Air Act Section 110(a)(2), excluding the
cover letter to NDEP; the part of the submittal addressing the visibility requirements of CAA
110(a)(2)(D)(i)(II) on page 8; and Attachments A,
B, and D.
The Washoe County Portion of the Nevada State
Implementation Plan to Meet the PM2.5 Infrastructure SIP Requirements of Clean Air Act Section
110(a)(2), excluding the cover letter to NDEP and
all Attachments and Appendices.
*
*
*
*
*
[INSERT Federal Register CITATION], 2/16/
2023.
*
NDEP ‘‘Infrastructure’’
SIP for the 2012 PM2.5
NAAQS.
12/11/15
[INSERT Federal Register CITATION], 2/16/
2023.
Clark County ‘‘Infrastructure’’ SIP for the 2012
PM2.5 NAAQS.
12/11/15
[INSERT Federal Register CITATION], 2/16/
2023.
Washoe County ‘‘Infrastructure’’ SIP for the
2012 PM2.5 NAAQS.
State-wide within NDEP jurisdiction.
12/11/15
Clark County ....
Washoe County
*
*
*
*
*
*
*
*
*
*
*
*
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).
1 The
3. Section 52.1472 is amended by
adding paragraph (l) to read as follows:
■
§ 52.1472
Approval status.
*
*
*
*
*
(l) 2012 24-hour PM2.5 NAAQS. The
Nevada state implementation plan (SIP)
submittal on December 11, 2015 is
partially disapproved for the prevention
of significant deterioration-related
portions of Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(i)(II), (D)(ii),
and (J) for the NDEP and Washoe
County portions of the Nevada SIP. CAA
element 110(a)(2)(J) for public
notification is conditionally approved
for NDEP and Washoe County.
[FR Doc. 2023–02999 Filed 2–15–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Part 52
[EPA–R09–OAR–2022–0503; FRL–9936–02–
R9]
Air Plan Approval; California;
Innovative Clean Transit Regulation
Environmental Protection
Agency (EPA).
AGENCY:
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19:15 Feb 15, 2023
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ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the California
State Implementation Plan (SIP)
consisting of State rules intended to
reduce particulate matter (PM) and
oxides of nitrogen (NOX) emissions from
public transit buses. The EPA is
approving the SIP revision because the
regulations meet the applicable
requirements of the Clean Air Act.
Approval of the regulations as part of
the California SIP makes them federally
enforceable.
DATES: This rule is effective on March
20, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R09–OAR–2022–0503. 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
SUMMARY:
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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
a disability 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:
Jeffrey Buss, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4152 or by
email at buss.jeffrey@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
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On October 14, 2022 (87 FR 62337)
(herein referred to as the proposed rule),
the EPA proposed to approve a SIP
revision submitted by the California Air
Resources Board (CARB) on February
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[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Rules and Regulations]
[Pages 10044-10049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02999]
[[Page 10044]]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0704; FRL-10224-02-R9]
Partial Approval, Conditional Approval, and Partial Disapproval
of Air Quality State Implementation Plans; Nevada; Infrastructure
Requirements for Fine Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving in
part, conditionally approving in part, and disapproving in part a state
implementation plan (SIP) revision submitted by the State of Nevada
pursuant to the requirements of the Clean Air Act (CAA or ``Act'') for
the implementation, maintenance, and enforcement of the 2012 national
ambient air quality standards (NAAQS) for particulate matter less than
2.5 micrometers in diameter (PM2.5). As part of this action,
we are reclassifying certain regions of the State for emergency episode
planning purposes with respect to PM2.5. We are also
approving an exemption from emergency episode planning requirements for
PM2.5 for the Nevada Division of Environmental Protection
(NDEP) and Washoe County. Finally, we are approving two new definitions
and four regulatory revisions into the Nevada SIP.
DATES: This rule is effective March 20, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0704. 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: Tom Kelly, Air Planning Office (AIR-
2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415)
972-3247, or by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
A. Statutory Requirements
Section 110(a)(1) of the CAA requires each state to submit to the
EPA, within three years after the promulgation of a primary or
secondary NAAQS or any revision thereof, a SIP revision that provides
for the implementation, maintenance, and enforcement of such NAAQS.
Section 110(a)(2) of the CAA contains the infrastructure SIP
requirements, which generally relate to the information, authorities,
compliance assurances, procedural requirements, and control measures
that constitute the ``infrastructure'' of a state's air quality
management program. These infrastructure SIP requirements (or
``elements'') required by section 110(a)(2) are as follows:
Section 110(a)(2)(A): Emission limits and other control
measures.
Section 110(a)(2)(B): Ambient air quality monitoring/data
system.
Section 110(a)(2)(C): Program for enforcement of control
measures and regulation of new and modified stationary sources.
Section 110(a)(2)(D)(i): Interstate pollution transport.
Section 110(a)(2)(D)(ii): Interstate pollution abatement
and international air pollution.
Section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local and regional government
agencies.
Section 110(a)(2)(F): Stationary source monitoring and
reporting.
Section 110(a)(2)(G): Emergency episodes.
Section 110(a)(2)(H): SIP revisions.
Section 110(a)(2)(J): Consultation with government
officials, public notification, prevention of significant deterioration
(PSD), and visibility protection.
Section 110(a)(2)(K): Air quality modeling and submittal
of modeling data.
Section 110(a)(2)(L): Permitting fees.
Section 110(a)(2)(M): Consultation/participation by
affected local entities.
Two elements identified in section 110(a)(2) are not governed by
the three-year submittal deadline of section 110(a)(1) and are
therefore not addressed in this action. These two elements are: (i)
section 110(a)(2)(C), to the extent it refers to permit programs
required under part D (nonattainment new source review (NSR)), and (ii)
section 110(a)(2)(I), pertaining to the nonattainment planning
requirements of part D. As a result, this action does not address
requirements for the nonattainment NSR portion of section 110(a)(2)(C)
or the whole of section 110(a)(2)(I).
B. NAAQS Addressed by This Final Rule
On January 15, 2013, the EPA promulgated a revised primary NAAQS
for PM2.5, triggering a requirement for states to submit
infrastructure SIPs by December 15, 2015. The revised standard lowered
the annual PM2.5 NAAQS to 12.0 micrograms per cubic meter
([mu]g/m\3\) to provide increased protection against health effects
associated with long- and short-term exposures (including premature
mortality, increased hospital admissions and emergency department
visits, and development of chronic respiratory disease).\1\
---------------------------------------------------------------------------
\1\ 78 FR 3086 (January 15, 2013).
---------------------------------------------------------------------------
The NDEP made a submittal addressing the infrastructure SIP
requirements for the 2012 PM2.5 NAAQS on December 11, 2015
(``Nevada's Infrastructure SIP Submittal'').\2\ It included separate
sections for Clark County \3\ and Washoe County.\4\ We refer
[[Page 10045]]
to each individual section as that agency's or County's portion of the
submittal. In accordance with CAA section 110(k)(1)(B), Nevada's
Infrastructure SIP Submittal became complete by operation of law on
June 11, 2016.
---------------------------------------------------------------------------
\2\ Letter and enclosures from David Emme, Administrator, NDEP,
to Jared Blumenfeld, Regional Administrator, EPA Region IX, RE: The
Nevada State Implementation Plan for the 2012 Annual Primary Fine
Particulate Matter NAAQS, dated December 11, 2015, with enclosures
including the Nevada Division of Environmental Protection Portion of
the Nevada State Implementation Plan for the 2012 Annual Primary
Fine Particulate Matter NAAQS, dated December 11, 2015.
\3\ Letter from Lewis Wallenmeyer, Director, Clark County
Department of Air Quality, to David Emme, Administrator, NDEP,
Subject: ``the Clark County Portion of the PM2.5 State
Implementation Plan,'' dated August 20, 2015, including the enclosed
Clark County Portion of the State Implementation Plan to Meet the
PM2.5 SIP Requirements of the Clean Air Act Section
110(a)(2), dated August 2015.
\4\ Letter from Charlene Albee, Director, Washoe County Health
District, to Dave Emme, Administrator, Nevada Division of
Environmental Protection, Subject: ``PM2.5 State
Implementation Plan for the 2012 Annual NAAQS,'' dated December 4,
2015, with enclosures, including: the Washoe County Portion of the
Nevada State Implementation Plan to Meet the PM2.5
Infrastructure SIP Requirements of Clean Air Act Section 110(a)(2),
dated October 22, 2015.
---------------------------------------------------------------------------
C. EPA's Proposal
1. Approvals and Partial Approvals
(a) Infrastructure SIP Requirements
On October 20, 2022, we proposed to approve and partially approve
Nevada's Infrastructure SIP Submittal for the requirements of the
following sections of the CAA: \5\
---------------------------------------------------------------------------
\5\ 87 FR 63744 (October 20, 2022).
---------------------------------------------------------------------------
110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C) (in part): Program for enforcement of control
measures (full approval), and regulation of new stationary sources
(approval for Clark County only) and minor sources (full approval).
110(a)(2)(D) (in part): Interstate Pollution Transport.
o 110(a)(2)(D)(i)(I)--significant contribution to a nonattainment
area (prong 1).
o 110(a)(2)(D)(i)(I)--interference with a maintenance area (prong
2).
o 110(a)(2)(D)(i)(II) (in part)--interference with PSD (prong 3)
(approval for Clark County only).
o 110(a)(2)(D)(ii) (in part)--interstate pollution abatement
(approval for Clark County only) and international air pollution.
110(a)(2)(E): Adequate resources and authority, conflict
of interest, and oversight of local governments and regional agencies.
110(a)(2)(F): Stationary source monitoring and reporting.
110(a)(2)(G): Emergency episodes.
110(a)(2)(H): SIP revisions.
110(a)(2)(J) (in part): Consultation with government
officials, public notification (conditional approval for NDEP and
Washoe County, approval for Clark County), and PSD and visibility
protection (approval for Clark County only).
110(a)(2)(K): Air quality modeling and submission of
modeling data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
(b) Proposed Approval of State Provisions Into the Nevada SIP
As part of our proposed action of Nevada's Infrastructure SIP
Submittal, we proposed approval of several state regulations into the
Nevada SIP. Two provisions, NAC 445B.1349 and NAC 445B.1355, define
``PM2.5 emissions'' and ``PM10 emissions,''
respectively, to include vapors that can condense to form
PM2.5 and PM10. Three provisions are revisions to
NAC 445B.2203, NAC 445B.2207, and NAC 445B.22096 and replace the term
``emissions of PM10'' with ``PM10 emissions,''
Finally, NAC 445B.22097 revises the State annual PM2.5
emissions standard from 15.0 [micro]g/m\3\ to 12.0 [micro]g/m\3\ to be
consistent with the 2012 PM2.5 NAAQS.
2. Conditional Approvals
The EPA proposed to conditionally approve of the portions of the
NDEP and Washoe County Infrastructure SIP Submittals addressing the
public notification requirements of CAA section 110(a)(2)(J) for the
2012 PM2.5 NAAQS.
3. Partial Disapprovals
The EPA proposed to partially disapprove Nevada's Infrastructure
SIP Submittal with respect to the following infrastructure SIP
requirements:
110(a)(2)(C) (in part): Regulation of new and modified
stationary sources (disapproval for the NDEP and Washoe County).
110(a)(2)(D)(i)(II) (in part): interference with PSD
(prong 3) (disapproval for the NDEP and Washoe County).
110(a)(2)(D)(ii) (in part): interstate pollution abatement
(disapproval for the NDEP and Washoe County).
110(a)(2)(J) (in part): PSD (disapproval for the NDEP and
Washoe County).
Although the NDEP and Washoe County portions of the SIP remain
deficient with respect to PSD requirements, the EPA noted that the
proposed disapproval, if finalized, would have no consequences, as both
agencies implement the Federal PSD program at 40 CFR 52.21 for all
regulated NSR pollutants, pursuant to delegation agreements with the
EPA.
3. Reclassification and Exemption
We proposed to retain the Priority I classification for the Las
Vegas Intrastate and Northwest Nevada Intrastate Air Quality Control
Regions (AQCR) and reclassify the Nevada Intrastate AQCR to Priority
III. Priority I regions are required to have SIP approved emergency
episode plans, also called contingency plans. We proposed to exempt the
Northwest Nevada Intrastate AQCR, which includes areas regulated by the
NDEP and Washoe County, from this requirement pursuant to 40 CFR
51.152(d)(1) due to the AQCR's attainment status.
4. Deferred Action
The EPA did not propose action on the interstate transport
visibility requirements of 110(a)(2)(D)(i)(II), which is also called
Prong 4 of the interstate transport requirements. On August 12, 2022,
NDEP and Clark County withdrew the Prong 4 element in the Nevada's
Infrastructure SIP Submittal and submitted a revised Prong 4 element
with the State's Regional Haze Plan for the 2nd Planning Period.\6\ The
EPA intends to act on the revised Prong 4 element when we act on
Nevada's Regional Haze Plan for the 2nd Planning Period.
---------------------------------------------------------------------------
\6\ See letter dated August 12, 2022, from Greg Lovato,
Administrator, Nevada Department of Environmental Protection, to
Martha Guzman, Regional Administrator, EPA Region IX, re: The Nevada
State Implementation Plan for the Regional Haze Rule for the Second
Planning Period; Withdrawal and Replacement of Elements of the 2012
PM2.5 NAAQS and 2015 Ozone NAAQS Infrastructure SIPs.
---------------------------------------------------------------------------
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period
that ended on November 16, 2020. During this period, the EPA received
three separate anonymous comments. The full text of all three comments
is available in the docket for this rulemaking.
One commenter stated that the rulemaking was a good idea but noted
that Reno had bad air quality a few months ago and suggested that
stricter air quality standards would improve air quality. After
reviewing the comment, the EPA has determined that the comment is
supportive of our action and does not necessitate a substantive
response. However, we also note that the purpose of infrastructure SIP
submittals is to provide for the implementation, maintenance, and
enforcement of each primary or secondary NAAQS. The requirement to
develop control measures to improve air quality typically occurs as
part of the EPA's nonattainment plan review under Part D of title I of
the CAA when an area is not attaining the NAAQS.\7\ Here,
[[Page 10046]]
however, the entire State of Nevada is designated attainment for the
2012 PM2.5 NAAQS and our action has merely evaluated whether
the state meets CAA ``infrastructure'' requirements under section
110(a)(2) of the Act.
---------------------------------------------------------------------------
\7\ As noted in section I.A. of this document and in the EPA's
2013 guidance on infrastructure SIPs, two elements identified in
section 110(a)(2) are not governed by the three-year submittal
deadline of section 110(a)(1) and are therefore not addressed in
this action. These two elements are: (i) section 110(a)(2)(C) to the
extent it refers to permit programs required under part D
(nonattainment NSR), and (ii) section 110(a)(2)(I), pertaining to
the nonattainment planning requirements of part D. As a result, this
action does not address requirements for the nonattainment NSR
portion of section 110(a)(2)(C) or the whole of section
110(a)(2)(I). See ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013.
---------------------------------------------------------------------------
Another commenter recommended that the EPA hold states accountable
for not meeting air quality standards and suggested a causal link
between political party affiliation and death rates among young people.
After reviewing the comment, the EPA has determined that the comment
fails to raise issues germane to our proposed finding that the State of
Nevada largely meets the infrastructure SIP requirements of section
110(a)(2) of the Act, which only evaluated the State's ability to
implement, maintain, and enforce the 2012 PM2.5 NAAQS.
Therefore, we have determined that this comment does not necessitate a
response, and the EPA will not provide a specific response to the
comment in this document.
The final comment recommended that the Federal Government impose
strict air quality standards on the State of Utah and proposed a
variety of measures the State of Utah should take to improve
environmental quality. After reviewing the comment, the EPA has
determined that the comment fails to raise issues germane to our
proposed finding that the State of Nevada largely meets the
infrastructure SIP requirements of section 110(a)(2) of the Act, which
only evaluated the State's ability to implement, maintain, and enforce
the 2012 PM2.5 NAAQS. Therefore, we have determined that
this comment does not necessitate a response, and the EPA will not
provide a specific response to the comment in this document.
III. Final Action
A. Partial Approvals, Conditional Approvals, and Partial Disapprovals
Under CAA section 110(a), we are partially approving and partially
disapproving Nevada's Infrastructure SIP submittal for the 2012
PM2.5 NAAQS. Specifically, we are fully approving the
submittal for the requirements of CAA sections:
110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C) (in part): Program for enforcement of control
measures (full approval), and regulation of new stationary sources
(approval for Clark County only) and minor sources (full approval).
110(a)(2)(D) (in part): Interstate Pollution Transport.
[cir] 110(a)(2)(D)(i)(I)--significant contribution to a
nonattainment area (prong 1).
[cir] 110(a)(2)(D)(i)((I)--interference with a maintenance area
(prong 2).
[cir] 110(a)(2)(D)(i)(II) (in part)--interference with PSD (prong
3) (approval for Clark County only) and visibility transport (prong 4)
(deferred).
[cir] 110(a)(2)(D)(ii) (in part)--interstate pollution abatement
(approval for Clark County only) and international air pollution.
110(a)(2)(E): Adequate resources and authority, conflict
of interest, and oversight of local governments and regional agencies.
110(a)(2)(F): Stationary source monitoring and reporting.
110(a)(2)(G): Emergency episodes.
110(a)(2)(H): SIP revisions.
110(a)(2)(J) (in part): Consultation with government
officials, public notification (conditional approval for NDEP and
Washoe County, approval for Clark County), and PSD and visibility
protection (approval for Clark County only).
110(a)(2)(K): Air quality modeling and submission of
modeling data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
The EPA is taking final action to conditionally approve of the
portions of the NDEP and Washoe County portions of Nevada's
Infrastructure SIP Submittal addressing the public notification
requirements of CAA section 110(a)(2)(J) for the 2012 PM2.5
NAAQS.
We are taking final action to disapprove Nevada's Infrastructure
SIP Submittal with respect to the following infrastructure SIP
requirements:
110(a)(2)(C) (in part): Regulation of new and modified
stationary sources (disapproval for the NDEP and Washoe County).
110(a)(2)(D)(i)(II) (in part): interference with PSD
(prong 3) (disapproval for the NDEP and Washoe County).
110(a)(2)(D)(ii) (in part): interstate pollution abatement
(disapproval for the NDEP and Washoe County).
110(a)(2)(J) (in part): PSD (disapproval for the NDEP and
Washoe County).
Although the NDEP and Washoe County portions of the SIP remain
deficient with respect to PSD requirements, this final disapproval
action has no consequences, as both agencies implement the Federal PSD
program at 40 CFR 52.21 for all regulated NSR pollutants, pursuant to
delegation agreements with the EPA.
B. Approval of Updated Nevada State-Wide Provisions
In this final action, the EPA is also approving in the Nevada SIP
revisions to the Nevada Administrative Code (NAC). The EPA is approving
into the SIP two new provisions, NAC 445B.1349 and NAC 445B.1355, to
define ``PM2.5 emissions'' and ``PM10 emissions''
to include vapors that can condense to form PM2.5 and
PM10. In addition, the EPA is approving revisions to NAC
445B.2203, NAC 445B.2207, and NAC 445B.22096 and replace the term
``emissions of PM10'' with ``PM10 emissions.''
Finally, the EPA is approving into the Nevada SIP NAC 445B.22097 to
revise the State annual PM2.5 emissions standard from 15.0
[micro]g/m\3\ to 12.0 [micro]g/m\3\ to be consistent with the 2012
PM2.5 NAAQS. These new and updated provisions strengthen the
SIP or clarify certain terms in the SIP, as discussed in the proposed
rule, and meet the requirements of CAA sections 110(a)(2), 110(l), and
193. Therefore, the EPA is approving the submitted new and revised
rules into the Nevada SIP as proposed.
C. Reclassification and Exemption of AQCRs for Emergency Episode
Planning
This final rule retains the classification of the Las Vegas
Intrastate and Northwest Nevada Intrastate AQCRs as Priority I for
emergency episodes and reclassifies the Nevada Intrastate AQCR to
Priority III. This approval also exempts the Northwest Nevada
Intrastate AQCR, which includes areas regulated by the NDEP and Washoe
County, from the emergency episode plan requirement pursuant to 40 CFR
51.152(d)(1) due to the AQCR's attainment status.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference as described in Section III.B. and set forth
below in the amendments to 40 CFR part 52. The EPA has made, and will
continue to make, these documents 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).
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be
[[Page 10047]]
found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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 and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The 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 E.O 12898 of achieving
environmental justice for people of color, low-income populations, and
indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 17, 2023. 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, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 6, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart DD--Nevada
0
2. Amend Sec. 52.1470 as follows:
0
a. In paragraph (c), table 1:
0
i. Under the table heading ``Nevada Administrative Code, Chapter 445B,
Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
Air Controls, Air Pollution; Nevada Air Quality Regulations--
Definitions'', add an entry for ``445B.1349'' after the entry
``445.565'' and an entry for ``445B.1355'' after the entry
``445B.135''.
0
ii. Under the table heading ``Nevada Administrative Code, Chapter 445B,
Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
Air Controls, Air Pollution; Nevada Air Quality Regulations--General
Provisions'':
0
A. Revise the entries for ``445B.2203'' and ``445B.2207''.
0
B. Remove the entry ``445B.22096, excluding the NOX
averaging time and control type for units 1, 2 and 3 and the
NOX emission limit for unit 3 in sub-paragraph (1)(c), all
of which EPA has disapproved'' and add the entry ``445B.22096'' in its
place.
0
C. Revise the entry for ``445B.22097''.
0
b. In paragraph (e), in the table under the heading ``AIR QUALITY
IMPLEMENTATION PLAN FOR THE STATE OF NEVADA'', add the entries ``The
Nevada Division of Environmental Protection Portion of the Nevada State
Implementation Plan for the 2012
[[Page 10048]]
Annual Primary Fine Particulate Matter NAAQS, excluding the cover
letter; the part addressing the visibility requirements of CAA
110(a)(2)(D)(i)(II) on page 9; and Appendices A-D and F-I'', ``The
Clark County Portion of the State Implementation Plan to meet the
PM2.5 SIP Requirements of the Clean Air Act Section
110(a)(2), excluding the cover letter to NDEP; the part of the
submittal addressing the visibility requirements of CAA
110(a)(2)(D)(i)(II) on page 8; and Attachments A, B, and D'', and ``The
Washoe County Portion of the Nevada State Implementation Plan to Meet
the PM2.5 Infrastructure SIP Requirements of Clean Air Act
Section 110(a)(2), excluding the cover letter to NDEP and all
Attachments and Appendices'' after the entry ``Nevada's Clean Air Act
Sec. 110(a)(1) and (2) State Implementation Plan for the 2010 sulfur
dioxide NAAQS, excluding the cover letter and appendices A-E for NDEP;
excluding the cover letter to NDEP and attachments A-C for Clark
County; and excluding the cover letter to NDEP, attachments A-C, and
public notice information for Washoe County''.
The revisions and additions read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA-Approved Nevada Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State Additional
State citation Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
Air Controls, Air Pollution; Nevada Air Quality Regulations--Definitions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
445B.1349........................ ``PM2.5 emissions'' 10/27/2015 [INSERT Federal Submitted on 12/11/
defined. Register 15.
CITATION], 2/16/
2023.
* * * * * * *
445B.1355........................ ``PM10 emissions'' 10/27/2015 [INSERT Federal Submitted on 12/11/
defined. Register 15.
CITATION], 2/16/
2023.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
Air Controls, Air Pollution; Nevada Air Quality Regulations--General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
445B.2203........................ Emissions of 10/27/2015 [INSERT Federal Most recently
particulate Register approved version
matter: Fuel- CITATION], 2/16/ was submitted on
burning equipment. 2023. 12/11/15.
* * * * * * *
445B.2207........................ Incinerator burning 10/27/2015 [INSERT Federal Most recently
Register approved version
CITATION], 2/16/ was submitted on
2023. 12/11/15.
* * * * * * *
445B.22096....................... Control measures 10/27/2015 [INSERT Federal Most recently
constituting BART; Register approved version
limitations on CITATION], 2/16/ was submitted on
emissions. 2023. 12/11/15.
445B.22097....................... Standards of 05/16/2018 [INSERT Federal Most recently
quality for Register approved version
ambient air. CITATION], 2/16/ was submitted on
2023. 12/11/15.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 10049]]
EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
State
Name of SIP provision Applicable geographic submittal EPA approval date Additional
or nonattainment area date explanation
----------------------------------------------------------------------------------------------------------------
Air Quality Implementation Plan for the State of Nevada \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
The Nevada Division of State-wide within NDEP 12/11/15 [INSERT Federal NDEP
Environmental Protection jurisdiction. Register ``Infrastructure'
Portion of the Nevada State CITATION], 2/16/ ' SIP for the
Implementation Plan for the 2023. 2012 PM2.5 NAAQS.
2012 Annual Primary Fine
Particulate Matter NAAQS,
excluding the cover letter;
the part addressing the
visibility requirements of CAA
110(a)(2)(D)(i)(II) on page 9;
and Appendices A-D and F-I.
The Clark County Portion of the Clark County........... 12/11/15 [INSERT Federal Clark County
State Implementation Plan to Register ``Infrastructure'
meet the PM2.5 SIP CITATION], 2/16/ ' SIP for the
Requirements of the Clean Air 2023. 2012 PM2.5 NAAQS.
Act Section 110(a)(2),
excluding the cover letter to
NDEP; the part of the
submittal addressing the
visibility requirements of CAA
110(a)(2)(D)(i)(II) on page 8;
and Attachments A, B, and D.
The Washoe County Portion of Washoe County.......... 12/11/15 [INSERT Federal Washoe County
the Nevada State Register ``Infrastructure'
Implementation Plan to Meet CITATION], 2/16/ ' SIP for the
the PM2.5 Infrastructure SIP 2023. 2012 PM2.5 NAAQS.
Requirements of Clean Air Act
Section 110(a)(2), excluding
the cover letter to NDEP and
all Attachments and Appendices.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
\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).
0
3. Section 52.1472 is amended by adding paragraph (l) to read as
follows:
Sec. 52.1472 Approval status.
* * * * *
(l) 2012 24-hour PM2.5 NAAQS. The Nevada state implementation plan
(SIP) submittal on December 11, 2015 is partially disapproved for the
prevention of significant deterioration-related portions of Clean Air
Act (CAA) elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for the
NDEP and Washoe County portions of the Nevada SIP. CAA element
110(a)(2)(J) for public notification is conditionally approved for NDEP
and Washoe County.
[FR Doc. 2023-02999 Filed 2-15-23; 8:45 am]
BILLING CODE 6560-50-P
