Partial Approval, Conditional Approval, and Partial Disapproval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements for Ozone, 32120-32125 [2023-10657]

Download as PDF 32120 Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Rules and Regulations defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ Due to the nature of the action being taken, this action is expected to have neutral to positive impact on the air quality of the affected area. In addition, there is no information in the record inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples. ddrumheller on DSK120RN23PROD with RULES1 B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 18, 2023. Filing a petition for reconsideration by the Administrator of this final action 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 to determine that the Allegheny County nonattainment area attained the 2012 annual PM2.5 NAAQS by its attainment date 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, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping VerDate Sep<11>2014 16:30 May 18, 2023 Jkt 259001 requirements, Sulfur oxides, Volatile organic compounds. Adam Ortiz, Regional Administrator, Region III. For the reasons stated in the preamble, the EPA amends 40 CFR part 52 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 NN—Pennsylvania 2. Amend § 52.2056 by adding paragraph (p) to read as follows: ■ § 52.2056 Determinations of attainment. * * * * * (p) Based on air quality data for the 3-year period 2019 to 2021, EPA has determined that the Allegheny County nonattainment area attained the 2012 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of December 31, 2021. Therefore, EPA has met the requirement pursuant to Clean Air Act (CAA) sections 179(c) and 188(b)(2) to determine, based on the area’s air quality as of the attainment date, whether the area attained the standard. The Allegheny County PM2.5 nonattainment area is therefore not subject to the consequences for failing to attain, pursuant to CAA section 179(d). [FR Doc. 2023–10728 Filed 5–18–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2022–0957; FRL–10543– 02–R9] Partial Approval, Conditional Approval, and Partial Disapproval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements for Ozone Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: 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 SUMMARY: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 enforcement of the 2015 national ambient air quality standards (NAAQS) for ozone. As part of this action, we are reclassifying a region of the State for emergency episode planning purposes with respect to ozone. Finally, we are approving a regulatory revision into the Nevada SIP. DATES: This rule is effective June 20, 2023. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2022–0957. 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: Nicole Law, Planning Section (AIR–2– 1), U.S. Environmental Protection Agency, Region IX, (415) 947–4126, Law.Nicole@epa.gov. 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 E:\FR\FM\19MYR1.SGM 19MYR1 Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Rules and Regulations ‘‘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 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). ddrumheller on DSK120RN23PROD with RULES1 B. NAAQS Addressed by This Final Rule On October 26, 2015, the EPA promulgated a revised NAAQS for ozone (‘‘the 2015 ozone NAAQS’’), triggering a requirement for states to submit infrastructure SIPs within three years of promulgation of the revised NAAQS. The 2015 ozone NAAQS revised the 2008 8-hour ozone NAAQS by lowering the primary and secondary VerDate Sep<11>2014 16:30 May 18, 2023 Jkt 259001 8-hour ozone standards from 75 parts per billion (ppb) to 70 ppb.1 The Nevada Department of Environmental Protection (NDEP) made a submittal addressing the infrastructure SIP requirements for the 2015 ozone NAAQS on September 28, 2018 (‘‘Nevada’s Infrastructure SIP Submittal’’).2 It included separate sections for Clark County 3 and Washoe County.4 We refer to each individual section as that agency’s or County’s portion of the submittal. In accordance with CAA section 110(k)(1)(B), the infrastructure SIP became complete by operation of law on March 28, 2019. C. EPA’s Proposal 1. Approvals and Partial Approvals (a) Infrastructure SIP Requirements On January 11, 2023, we proposed to approve and partially approve Nevada’s Infrastructure SIP Submittal for the requirements of the following sections of the CAA: 5 6 • 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, see below): Interstate Pollution Transport. Æ 110(a)(2)(D)(i)(II) (in part)— interference with PSD (prong 3) (approval for Clark County only). Æ 110(a)(2)(D)(ii) (in part)—interstate pollution abatement (approval for Clark County only) and international air pollution (full approval). 1 80 FR 65292 (October 26, 2015). NDEP submitted Nevada’s Infrastructure SIP Submittal electronically on September 28, 2018, the submittal letter is dated October 1, 2018, from Greg Lovato, Administrator, Nevada Division of Environmental Protection, to Mike Stoker, Regional Administrator, U.S. EPA Region IX, RE: ‘‘The Nevada State Implementation Plan for the 2015 Primary and Secondary Ozone NAAQS.’’ 3 Letter dated September 12, 2018, from Marci Henson, Director, Clark County Department of Air Quality, to Greg Lovato, Administrator, Nevada Division of Environmental Protection, RE: ‘‘Clark County Portion of the Nevada Infrastructure State Implementation Plan for the 2015 Ozone NAAQS.’’ 4 Letter dated August 28, 2018, from Charlene Albee, Director, Washoe County Health District Air Quality Management Division, to Greg Lovato, Administrator, Nevada Division of Environmental Protection, Subject: ‘‘2015 Ozone National Ambient Air Quality Standard Infrastructure State Implementation Plan (SIP).’’ 5 88 FR 1537 (January 11, 2023). 6 All approvals are full approvals for NDEP, Clark County, and Washoe County except where noted otherwise. 2 Although PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 32121 • 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, full approval for Clark County), and PSD and visibility protection (full 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 a State Provision Into the Nevada SIP As part of our proposed action on Nevada’s Infrastructure SIP Submittal, we proposed to approve a state regulation into the Nevada SIP. Specifically, we proposed to approve into the SIP a new version of Nevada Administrative Code (NAC) 445B.22097, which revises the 8-hour ozone standard in the Nevada standards table from 0.075 to 0.070 parts per million (ppm) to be consistent with the 2015 ozone NAAQS and deletes the ‘‘National Standards’’ and ‘‘Method’’ columns because both are for reference only and are often out-of-date compared to the referenced federal regulations. 2. Conditional Approvals The EPA proposed to conditionally approve portions of the NDEP and Washoe County Infrastructure SIP Submittals addressing the public notification requirements of CAA section 110(a)(2)(J) for the 2015 ozone NAAQS based on commitments from NDEP and Washoe County to adopt and submit specific enforceable measures to address the deficiencies identified in our proposed rulemaking.7 7 Letter dated September 9, 2022, from Greg Lovato, Administrator, Nevada Division of Environmental Protection, to Martha Guzman, Regional Administrator, U.S. EPA Region IX, Re: ‘‘Request for Conditional Approval of Nevada’s Infrastructure State Implementation Plan for the 2012 PM2.5 and 2015 Ozone National Ambient Air Quality Standards.’’ and Letter dated September 2, 2022, from Greg Lovato, Administrator, Nevada Division of Environmental Protection to Martha Guzman, Regional Admin, Re: Nevada’s Infrastructure State Implementation Plan for the 2012 PM2.5 National Ambient Air Quality Standard dated September 9, 2022 that enclosed the letter from Francisco Vega, Director, Air Quality Management Division, Washoe County Health Division to Greg Lovato, Administrator, Nevada Division of Environmental Protection and Martha Guzman, EPA, Re: ‘‘Request for Conditional E:\FR\FM\19MYR1.SGM Continued 19MYR1 32122 Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Rules and Regulations 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 NDEP and Washoe County). • 110(a)(2)(D)(i)(II) (in part): interference with PSD (prong 3) (disapproval for NDEP and Washoe County). • 110(a)(2)(D)(ii) (in part): interstate pollution abatement (disapproval for NDEP and Washoe County). • 110(a)(2)(J) (in part): PSD (disapproval for 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 Federal Implementation Plan (FIP) consequences, as both agencies already implement the Federal PSD program at 40 CFR 52.21 for all regulated NSR pollutants, pursuant to delegation agreements with the EPA. 4. Reclassification We proposed to retain the Priority I classification for the Las Vegas Intrastate Air Quality Control Regions (AQCR) and Priority III classification for the Nevada Intrastate AQCR. We proposed to reclassify the Northwest Nevada Intrastate AQCR from Priority III to Priority I for ozone. Priority I regions are required to have SIP-approved emergency episode plans, which are also called ‘‘contingency plans.’’ ddrumheller on DSK120RN23PROD with RULES1 5. 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 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.8 The EPA intends to act on the revised Prong 4 element when we act on Nevada’s Approval of Nevada’s Infrastructure State Implementation Plan for the 2012 PM2.5 and 2015 Ozone National Ambient Air Quality Standards.’’ 8 See letter dated August 12, 2022, from Greg Lovato, Administrator, Nevada Department of Environmental Protection, to Martha Guzman, Regional Administrator, EPA Region IX, Subject: ‘‘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.’’ VerDate Sep<11>2014 16:30 May 18, 2023 Jkt 259001 Regional Haze Plan for the 2nd Planning Period and is therefore not acting on the requirement as part of this action. Additionally, the EPA did not propose action on the following CAA requirements because they are addressed in separate rulemakings: 9 • 110(a)(2)(D) (in part, see below): 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)—significant contribution to a maintenance area (prong 2). II. Public Comments and EPA Responses The EPA’s proposed action provided a 30-day public comment period that ended on February 10, 2023. During this period, the EPA received one anonymous comment. The full text of the comment is available in the docket for this rulemaking. The comment recommended that the federal government take immediate action to clean the air and suggested that the state of Utah has failed to clean the air in valley areas like Salt Lake and the Uinta Basin. Additionally, the comment states there is a water crisis and the federal government needs to take leadership. 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 2015 Ozone 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 2015 Ozone 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 9 88 PO 00000 FR 9336 (February 13, 2023). Frm 00040 Fmt 4700 Sfmt 4700 County only) and minor sources (full approval). • 110(a)(2)(D) (in part, see below): Interstate Pollution Transport. Æ 110(a)(2)(D)(i)(II) (in part)— interference with PSD (prong 3) (approval for Clark County only). Æ 110(a)(2)(D)(ii) (in part)—interstate pollution abatement (approval for Clark County only) and international air pollution (full approval). • 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, full approval for Clark County), and PSD and visibility protection (full 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 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 2015 Ozone 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 NDEP and Washoe County). • 110(a)(2)(D)(i)(II) (in part): interference with PSD (prong 3) (disapproval for NDEP and Washoe County). • 110(a)(2)(D)(ii) (in part): interstate pollution abatement (disapproval for NDEP and Washoe County). • 110(a)(2)(J) (in part): PSD (disapproval for 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 FIP 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 an Updated Nevada State-Wide Provision In this final action, the EPA is also approving into the Nevada SIP revisions E:\FR\FM\19MYR1.SGM 19MYR1 Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Rules and Regulations to the Nevada Administrative Code (NAC). The EPA is approving a new version of NAC 445B.22097, which revises the 8-hour ozone standard in the Nevada standards table from 0.075 to 0.070 parts per million (ppm) to be consistent with the 2015 ozone NAAQS. The updated provisions strengthen the SIP or clarify certain terms in the SIP, as discussed in our proposed rulemaking, and meet the requirements of CAA sections 110(a)(2), 110(l), and 193. Therefore, the EPA is approving the submitted revised rule 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 AQCRs as Priority I and the classification of the Nevada Intrastate AQCR as Priority III for emergency episodes. This rule reclassifies the Northwest Nevada Intrastate AQCR to Priority I. 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 found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review, Executive Order 13563: Improving Regulation and Regulatory Review, and Executive Order 14094: Modernizing 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. ddrumheller on DSK120RN23PROD with RULES1 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 VerDate Sep<11>2014 16:30 May 18, 2023 Jkt 259001 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. PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 32123 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 Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to review state choices, and approve those choices if they meet the minimum criteria of the Act. Accordingly, this final action is approving in part, conditionally approving in part, and disapproving in part a state implementation plan as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. The State did not evaluate environmental justice considerations as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. EPA did not perform an EJ analysis and did not consider EJ in this E:\FR\FM\19MYR1.SGM 19MYR1 32124 Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Rules and Regulations action. Due to the nature of the action being taken here, this action is expected to have a neutral to positive impact on the air quality of the affected area. Consideration of EJ is not required as part of this action, and there is no information in the record inconsistent with the stated goal 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 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: May 15, 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 1. The authority citation for part 52 continues to read as follows: ■ 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 July 18, 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)). Authority: 42 U.S.C. 7401 et seq. Subpart DD—Nevada 2. Amend § 52.1470 as follows: a. In paragraph (c), amend table 1 by: 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—General Provisions’’, 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 2015 Ozone NAAQS: Demonstration of Adequacy, excluding the cover letter; the part addressing the requirements of CAA 110(a)(2)(D)(i)(I); and Appendices’’, ‘‘The Clark County Portion of the State Implementation Plan to meet the Ozone Infrastructure SIP Requirement of Clean Air Act Section 110(a)(2), excluding the cover letter to NDEP; the part of the submittal addressing the requirements of CAA 110(a)(2)(D)(i)(I); and Attachment A’’, and ‘‘The Washoe County Portion of the Nevada State Implementation Plan to Meet the Ozone Infrastructure SIP Requirements of Clean Air Act Section 110(a)(2), excluding the cover letter to NDEP, the part of the submittal addressing the requirements of CAA 110(a)(2)(D)(i)(I), and all Attachments and Appendices.’’ after the entry ‘‘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’’. The revisions and additions read as follows: § 52.1470 * Identification of plan. * * (c) * * * * * TABLE 1—EPA-APPROVED NEVADA REGULATIONS AND STATUTES State citation Title/subject State effective date 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—General Provisions * 445B.22097 ................ * Standards of quality for ambient air. * * * * * * * * * 05/16/2018 ................. [INSERT Federal Register CITATION], 05/19/2023. * * * * * Most recently approved version was submitted on 12/11/15. * * * (e) * * * EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES Applicable geographic or nonattainment area ddrumheller on DSK120RN23PROD with RULES1 Name of SIP provision State submittal date EPA approval date AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA 1 VerDate Sep<11>2014 16:30 May 18, 2023 Jkt 259001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\19MYR1.SGM 19MYR1 Additional explanation 32125 Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Rules and Regulations EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued Applicable geographic or nonattainment area Name of SIP provision * * The Nevada Division of Environmental Protection Portion of the Nevada State Implementation Plan for the 2015 Ozone NAAQS: Demonstration of Adequacy, excluding the cover letter; the part addressing the requirements of CAA 110(a)(2)(D)(i)(I); and Appendices. The Clark County Portion of the State Implementation Plan to meet the Ozone Infrastructure SIP Requirement of Clean Air Act Section 110(a)(2), excluding the cover letter to NDEP; the part of the submittal addressing the requirements of CAA 110(a)(2)(D)(i)(I); and Attachment A. The Washoe County Portion of the Nevada State Implementation Plan to Meet the Ozone Infrastructure SIP Requirements of Clean Air Act Section 110(a)(2), excluding the cover letter to NDEP the part of the submittal addressing the requirements of CAA 110(a)(2)(D)(i)(I), and all Attachments and Appendices. * EPA approval date * 9/28/18 ................. * * * [INSERT Federal Register NDEP ‘‘Infrastructure’’ SIP CITATION], 05/19/2023. for the 2015 Ozone NAAQS. Clark County ........ 9/28/18 ................. [INSERT Federal Register CITATION], 05/19/2023. Clark County ‘‘Infrastructure’’ SIP for the 2015 Ozone NAAQS. Washoe County .... 9/28/18 ................. [INSERT Federal Register CITATION], 05/19/2023. Washoe County ‘‘Infrastructure’’ SIP for the 2015 Ozone NAAQS. * * * * 3. Section 52.1472 is amended by revising paragraph (k) to read as follows: ENVIRONMENTAL PROTECTION AGENCY § 52.1472 40 CFR Part 180 Approval status. * * * * * (k) 2015 8-hour ozone NAAQS. The SIP submittal from October 1, 2018, is disapproved for Clean Air Act (CAA) section 110(a)(2)(D)(i)(I) (prongs 1 and 2) for the NDEP, Clark County, and Washoe County portions of the Nevada SIP submission. The Nevada state implementation plan (SIP) submittal on October 1, 2018 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. 2023–10657 Filed 5–18–23; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:30 May 18, 2023 Additional explanation * State-wide within NDEP jurisdiction. ■ ddrumheller on DSK120RN23PROD with RULES1 State submittal date Jkt 259001 [EPA–HQ–OPP–2019–0594; FRL–10970–01– OCSPP] Various Fragrance Components in Pesticide Formulations; Tolerance Exemption Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes exemptions from the requirement of a tolerance for residues of various fragrance components listed in Unit II of this document when they are used as inert ingredients in antimicrobial pesticide formulations applied to foodcontact surfaces in public eating places, dairy-processing equipment, and foodprocessing equipment and utensils when the end-use concentration does not exceed 100 parts per million (ppm). Verto Solutions, on behalf of The Clorox Company, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting the establishment of exemptions from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level SUMMARY: PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 * * for residues of these various fragrance components, when used in accordance with the terms of the exemptions. DATES: This regulation is effective May 19, 2023. Objections and requests for hearings must be received on or before July 18, 2023 and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2019–0594, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room and the OPP docket is (202) 566–1744. For the latest status information on EPA/DC services, docket access, visit https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration Division (7505T), Office of Pesticide Programs, Environmental Protection E:\FR\FM\19MYR1.SGM 19MYR1

Agencies

[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Rules and Regulations]
[Pages 32120-32125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0957; FRL-10543-02-R9]


Partial Approval, Conditional Approval, and Partial Disapproval 
of Air Quality State Implementation Plans; Nevada; Infrastructure 
Requirements for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 2015 national 
ambient air quality standards (NAAQS) for ozone. As part of this 
action, we are reclassifying a region of the State for emergency 
episode planning purposes with respect to ozone. Finally, we are 
approving a regulatory revision into the Nevada SIP.

DATES: This rule is effective June 20, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0957. 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: Nicole Law, Planning Section (AIR-2-
1), U.S. Environmental Protection Agency, Region IX, (415) 947-4126, 
[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

[[Page 32121]]

``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 October 26, 2015, the EPA promulgated a revised NAAQS for ozone 
(``the 2015 ozone NAAQS''), triggering a requirement for states to 
submit infrastructure SIPs within three years of promulgation of the 
revised NAAQS. The 2015 ozone NAAQS revised the 2008 8-hour ozone NAAQS 
by lowering the primary and secondary 8-hour ozone standards from 75 
parts per billion (ppb) to 70 ppb.\1\
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    \1\ 80 FR 65292 (October 26, 2015).
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    The Nevada Department of Environmental Protection (NDEP) made a 
submittal addressing the infrastructure SIP requirements for the 2015 
ozone NAAQS on September 28, 2018 (``Nevada's Infrastructure SIP 
Submittal'').\2\ It included separate sections for Clark County \3\ and 
Washoe County.\4\ We refer to each individual section as that agency's 
or County's portion of the submittal. In accordance with CAA section 
110(k)(1)(B), the infrastructure SIP became complete by operation of 
law on March 28, 2019.
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    \2\ Although NDEP submitted Nevada's Infrastructure SIP 
Submittal electronically on September 28, 2018, the submittal letter 
is dated October 1, 2018, from Greg Lovato, Administrator, Nevada 
Division of Environmental Protection, to Mike Stoker, Regional 
Administrator, U.S. EPA Region IX, RE: ``The Nevada State 
Implementation Plan for the 2015 Primary and Secondary Ozone 
NAAQS.''
    \3\ Letter dated September 12, 2018, from Marci Henson, 
Director, Clark County Department of Air Quality, to Greg Lovato, 
Administrator, Nevada Division of Environmental Protection, RE: 
``Clark County Portion of the Nevada Infrastructure State 
Implementation Plan for the 2015 Ozone NAAQS.''
    \4\ Letter dated August 28, 2018, from Charlene Albee, Director, 
Washoe County Health District Air Quality Management Division, to 
Greg Lovato, Administrator, Nevada Division of Environmental 
Protection, Subject: ``2015 Ozone National Ambient Air Quality 
Standard Infrastructure State Implementation Plan (SIP).''
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C. EPA's Proposal

1. Approvals and Partial Approvals
(a) Infrastructure SIP Requirements
    On January 11, 2023, we proposed to approve and partially approve 
Nevada's Infrastructure SIP Submittal for the requirements of the 
following sections of the CAA: 5 6
---------------------------------------------------------------------------

    \5\ 88 FR 1537 (January 11, 2023).
    \6\ All approvals are full approvals for NDEP, Clark County, and 
Washoe County except where noted otherwise.
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     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, see below): Interstate Pollution 
Transport.
    [cir] 110(a)(2)(D)(i)(II) (in part)--interference with PSD (prong 
3) (approval for Clark County only).
    [cir] 110(a)(2)(D)(ii) (in part)--interstate pollution abatement 
(approval for Clark County only) and international air pollution (full 
approval).
     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, full approval for Clark County), and PSD and visibility 
protection (full 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 a State Provision Into the Nevada SIP
    As part of our proposed action on Nevada's Infrastructure SIP 
Submittal, we proposed to approve a state regulation into the Nevada 
SIP. Specifically, we proposed to approve into the SIP a new version of 
Nevada Administrative Code (NAC) 445B.22097, which revises the 8-hour 
ozone standard in the Nevada standards table from 0.075 to 0.070 parts 
per million (ppm) to be consistent with the 2015 ozone NAAQS and 
deletes the ``National Standards'' and ``Method'' columns because both 
are for reference only and are often out-of-date compared to the 
referenced federal regulations.
2. Conditional Approvals
    The EPA proposed to conditionally approve portions of the NDEP and 
Washoe County Infrastructure SIP Submittals addressing the public 
notification requirements of CAA section 110(a)(2)(J) for the 2015 
ozone NAAQS based on commitments from NDEP and Washoe County to adopt 
and submit specific enforceable measures to address the deficiencies 
identified in our proposed rulemaking.\7\
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    \7\ Letter dated September 9, 2022, from Greg Lovato, 
Administrator, Nevada Division of Environmental Protection, to 
Martha Guzman, Regional Administrator, U.S. EPA Region IX, Re: 
``Request for Conditional Approval of Nevada's Infrastructure State 
Implementation Plan for the 2012 PM2.5 and 2015 Ozone 
National Ambient Air Quality Standards.'' and Letter dated September 
2, 2022, from Greg Lovato, Administrator, Nevada Division of 
Environmental Protection to Martha Guzman, Regional Admin, Re: 
Nevada's Infrastructure State Implementation Plan for the 2012 
PM2.5 National Ambient Air Quality Standard dated 
September 9, 2022 that enclosed the letter from Francisco Vega, 
Director, Air Quality Management Division, Washoe County Health 
Division to Greg Lovato, Administrator, Nevada Division of 
Environmental Protection and Martha Guzman, EPA, Re: ``Request for 
Conditional Approval of Nevada's Infrastructure State Implementation 
Plan for the 2012 PM2.5 and 2015 Ozone National Ambient 
Air Quality Standards.''

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[[Page 32122]]

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 NDEP and Washoe County).
     110(a)(2)(D)(i)(II) (in part): interference with PSD 
(prong 3) (disapproval for NDEP and Washoe County).
     110(a)(2)(D)(ii) (in part): interstate pollution abatement 
(disapproval for NDEP and Washoe County).
     110(a)(2)(J) (in part): PSD (disapproval for 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 Federal 
Implementation Plan (FIP) consequences, as both agencies already 
implement the Federal PSD program at 40 CFR 52.21 for all regulated NSR 
pollutants, pursuant to delegation agreements with the EPA.
4. Reclassification
    We proposed to retain the Priority I classification for the Las 
Vegas Intrastate Air Quality Control Regions (AQCR) and Priority III 
classification for the Nevada Intrastate AQCR. We proposed to 
reclassify the Northwest Nevada Intrastate AQCR from Priority III to 
Priority I for ozone. Priority I regions are required to have SIP-
approved emergency episode plans, which are also called ``contingency 
plans.''
5. 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 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.\8\ 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 and is therefore not acting on 
the requirement as part of this action.
---------------------------------------------------------------------------

    \8\ See letter dated August 12, 2022, from Greg Lovato, 
Administrator, Nevada Department of Environmental Protection, to 
Martha Guzman, Regional Administrator, EPA Region IX, Subject: ``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.''
---------------------------------------------------------------------------

    Additionally, the EPA did not propose action on the following CAA 
requirements because they are addressed in separate rulemakings: \9\
---------------------------------------------------------------------------

    \9\ 88 FR 9336 (February 13, 2023).
---------------------------------------------------------------------------

     110(a)(2)(D) (in part, see below): 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)--significant contribution to a maintenance 
area (prong 2).

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period 
that ended on February 10, 2023. During this period, the EPA received 
one anonymous comment. The full text of the comment is available in the 
docket for this rulemaking.
    The comment recommended that the federal government take immediate 
action to clean the air and suggested that the state of Utah has failed 
to clean the air in valley areas like Salt Lake and the Uinta Basin. 
Additionally, the comment states there is a water crisis and the 
federal government needs to take leadership. 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 2015 Ozone 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 2015 Ozone 
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, see below): Interstate Pollution 
Transport.
    [cir] 110(a)(2)(D)(i)(II) (in part)--interference with PSD (prong 
3) (approval for Clark County only).
    [cir] 110(a)(2)(D)(ii) (in part)--interstate pollution abatement 
(approval for Clark County only) and international air pollution (full 
approval).
     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, full approval for Clark County), and PSD and visibility 
protection (full 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 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 2015 Ozone 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 NDEP and Washoe County).
     110(a)(2)(D)(i)(II) (in part): interference with PSD 
(prong 3) (disapproval for NDEP and Washoe County).
     110(a)(2)(D)(ii) (in part): interstate pollution abatement 
(disapproval for NDEP and Washoe County).
     110(a)(2)(J) (in part): PSD (disapproval for 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 FIP 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 an Updated Nevada State-Wide Provision

    In this final action, the EPA is also approving into the Nevada SIP 
revisions

[[Page 32123]]

to the Nevada Administrative Code (NAC). The EPA is approving a new 
version of NAC 445B.22097, which revises the 8-hour ozone standard in 
the Nevada standards table from 0.075 to 0.070 parts per million (ppm) 
to be consistent with the 2015 ozone NAAQS. The updated provisions 
strengthen the SIP or clarify certain terms in the SIP, as discussed in 
our proposed rulemaking, and meet the requirements of CAA sections 
110(a)(2), 110(l), and 193. Therefore, the EPA is approving the 
submitted revised rule 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 AQCRs as Priority I and the classification of the Nevada 
Intrastate AQCR as Priority III for emergency episodes. This rule 
reclassifies the Northwest Nevada Intrastate AQCR to Priority I.

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 found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review, Executive 
Order 13563: Improving Regulation and Regulatory Review, and Executive 
Order 14094: Modernizing 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

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to review state choices, 
and approve those choices if they meet the minimum criteria of the Act. 
Accordingly, this final action is approving in part, conditionally 
approving in part, and disapproving in part a state implementation plan 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law.
    The State did not evaluate environmental justice considerations as 
part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. EPA did 
not perform an EJ analysis and did not consider EJ in this

[[Page 32124]]

action. Due to the nature of the action being taken here, this action 
is expected to have a neutral to positive impact on the air quality of 
the affected area. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal 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 July 18, 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: May 15, 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), amend table 1 by:
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--General 
Provisions'', 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 2015 Ozone NAAQS: Demonstration of 
Adequacy, excluding the cover letter; the part addressing the 
requirements of CAA 110(a)(2)(D)(i)(I); and Appendices'', ``The Clark 
County Portion of the State Implementation Plan to meet the Ozone 
Infrastructure SIP Requirement of Clean Air Act Section 110(a)(2), 
excluding the cover letter to NDEP; the part of the submittal 
addressing the requirements of CAA 110(a)(2)(D)(i)(I); and Attachment 
A'', and ``The Washoe County Portion of the Nevada State Implementation 
Plan to Meet the Ozone Infrastructure SIP Requirements of Clean Air Act 
Section 110(a)(2), excluding the cover letter to NDEP, the part of the 
submittal addressing the requirements of CAA 110(a)(2)(D)(i)(I), and 
all Attachments and Appendices.'' after the entry ``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''.
    The revisions and additions read as follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *

                              Table 1--EPA-Approved Nevada Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                        State effective                           Additional
         State citation              Title/subject           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--General Provisions
 
                                                  * * * * * * *
445B.22097......................  Standards of        05/16/2018........  [INSERT Federal     Most recently
                                   quality for                             Register            approved version
                                   ambient air.                            CITATION], 05/19/   was submitted on
                                                                           2023.               12/11/15.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                   EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                      Applicable
      Name of SIP provision          geographic or      State submittal    EPA approval date      Additional
                                  nonattainment area         date                                 explanation
----------------------------------------------------------------------------------------------------------------
                           AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA \1\
 

[[Page 32125]]

 
                                                  * * * * * * *
The Nevada Division of            State-wide within   9/28/18...........  [INSERT Federal     NDEP
 Environmental Protection          NDEP jurisdiction.                      Register            ``Infrastructure'
 Portion of the Nevada State                                               CITATION], 05/19/   ' SIP for the
 Implementation Plan for the                                               2023.               2015 Ozone NAAQS.
 2015 Ozone NAAQS: Demonstration
 of Adequacy, excluding the
 cover letter; the part
 addressing the requirements of
 CAA 110(a)(2)(D)(i)(I); and
 Appendices.
The Clark County Portion of the   Clark County......  9/28/18...........  [INSERT Federal     Clark County
 State Implementation Plan to                                              Register            ``Infrastructure'
 meet the Ozone Infrastructure                                             CITATION], 05/19/   ' SIP for the
 SIP Requirement of Clean Air                                              2023.               2015 Ozone NAAQS.
 Act Section 110(a)(2),
 excluding the cover letter to
 NDEP; the part of the submittal
 addressing the requirements of
 CAA 110(a)(2)(D)(i)(I); and
 Attachment A.
The Washoe County Portion of the  Washoe County.....  9/28/18...........  [INSERT Federal     Washoe County
 Nevada State Implementation                                               Register            ``Infrastructure'
 Plan to Meet the Ozone                                                    CITATION], 05/19/   ' SIP for the
 Infrastructure SIP Requirements                                           2023.               2015 Ozone NAAQS.
 of Clean Air Act Section
 110(a)(2), excluding the cover
 letter to NDEP the part of the
 submittal addressing the
 requirements of CAA
 110(a)(2)(D)(i)(I), and all
 Attachments and Appendices.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.1472 is amended by revising paragraph (k) to read as 
follows:


Sec.  52.1472  Approval status.

* * * * *
    (k) 2015 8-hour ozone NAAQS. The SIP submittal from October 1, 
2018, is disapproved for Clean Air Act (CAA) section 110(a)(2)(D)(i)(I) 
(prongs 1 and 2) for the NDEP, Clark County, and Washoe County portions 
of the Nevada SIP submission. The Nevada state implementation plan 
(SIP) submittal on October 1, 2018 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. 2023-10657 Filed 5-18-23; 8:45 am]
BILLING CODE 6560-50-P
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