Air Plan Actions; Nevada; Clark County-Department of Environment and Sustainability; Stationary Source Permits, 38754-38757 [2023-12490]
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Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Rules and Regulations
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• Certificate of Mailing service: Fees
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New prices will be listed in the
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Tram T. Pham,
Attorney, Ethics and Legal Compliance.
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R09–OAR–2020–0239; FRL–10597–
02–R9]
Air Plan Actions; Nevada; Clark
County—Department of Environment
and Sustainability; Stationary Source
Permits
Environmental Protection
Agency (EPA).
AGENCY:
Final rule.
The Environmental Protection
Agency (EPA) is finalizing an approval,
a partial approval and partial
disapproval, and a limited approval and
limited disapproval of certain revisions
to the Clark County portion of the
Nevada State Implementation Plan
(SIP). These revisions primarily concern
the Clark County Department of
Environment and Sustainability’s
(‘‘DES’’ or ‘‘Department’’) general
definitions rule and New Source Review
(NSR) permitting program for new and
modified sources of air pollution under
the Clean Air Act (CAA or ‘‘Act’’).
SUMMARY:
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This rule is effective on July 14,
2023.
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0239. 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
the disclosure of which 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. 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:
Laura Yannayon, EPA Region IX, Air–3–
2, 75 Hawthorne St., San Francisco, CA
94105, (415) 972–3534,
yannayon.laura@epa.gov.
ADDRESSES:
40 CFR Part 52
ACTION:
DATES:
$1.95
1.95
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SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 2, 2023, the EPA
proposed an approval, a partial approval
and partial disapproval, and a limited
Table of Contents
I. Proposed Action
II. Public Comments
38755
approval and limited disapproval of
four rules listed in Table 1 into the
Clark County portion of the Nevada
State Implementation Plan (SIP), and
proposed to rescind from the Nevada
SIP one rule listed in Table 1, as
discussed below.1
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TABLE 1—SUBMITTED RULES
Section
Section title
Adopted
0 ..............................................
10 ............................................
12.0 .........................................
12.1 .........................................
12.11 .......................................
Definitions ...............................................................................
Compliance Schedules (Request to rescind) .........................
Applicability and General Requirements ................................
Permit Requirements for Minor Sources ................................
General Permits for Minor Stationary Sources ......................
7/20/21
12/18/18
1/21/20
12/18/18
12/18/18
Cover letter
date
1/31/22
6/6/19
3/13/20
4/12/19
4/12/19
Submittal
date
1/31/22
6/10/19
3/16/20
4/12/19
4/12/19
The submitted rules are intended to
update the Nevada SIP with recent
revisions to the Department’s Air
Quality Regulations. See our notice of
proposed rulemaking and Technical
Support Document (TSD) for additional
information about the submitted rules
and our evaluation of them.
In our proposed action, we proposed
partial approval and partial disapproval
of Section 0, because the revisions to the
rule were approvable, except that the
submitted rule removed a definition for
‘‘Clearing and Grubbing’’, a term still
used in the SIP. Therefore, we proposed
to retain in the SIP the definition of
‘‘Clearing and Grubbing’’ from the
current SIP-approved version of Section
0. We also proposed approval of the
request to rescind Section 10 from the
SIP, because the rule has been repealed
locally and is no longer relevant. In
addition, we proposed full approval of
Section 12.0 because we determined
that the revisions to the rule satisfy the
applicable statutory and regulatory
provisions governing regulation of
stationary sources under CAA section
110(a)(2)(C).
We also proposed a limited approval
and limited disapproval of Sections 12.1
and 12.11, because we determined that
these rules mostly satisfy the applicable
statutory and regulatory provisions
governing regulation of stationary
sources under CAA section 110(a)(2)(A)
and (C), but they do not satisfy all of
these requirements. Specifically, we
identified the following six deficiencies.
First and second, the provisions in
Sections 12.1.2(c)(7) and (8), which
exempt ancillary parts washers and
degreasers that use only certified clean
air solvents from permitting
requirements, are deficient because the
term ‘‘certified clean air solvents’’ is not
defined in any Section 12 series rule,
which makes the provision
unenforceable. Third, the provision in
Section 12.1.2(c)(10) allowing the
Control Officer to deem any other
emission unit or activity to be
insignificant on a case-by-case basis
with no specific criteria for making this
determination is deficient because it
contains impermissible Director’s
discretion. Fourth, the provision in
Section 12.1.4.1(z) contains
impermissible Control Officer discretion
to decide whether certain conditions
should be added to portable minor
source permits. Fifth, Section 12.11
contains an unenforceable crossreference relating to certain emissions
inventory report requirements, and
sixth, Section 12.11 does not satisfy the
requirement in 40 CFR 51.160(f) that the
screening model used pursuant to
Section 12.11.1(f) be based on the
applicable models, databases, and other
requirements specified in 40 CFR part
51, appendix W.
No comments were submitted that
change our assessment of the rules as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) and 301(a) of the Act, the EPA
is finalizing our action as proposed.
Specifically, the EPA is finalizing an
approval of the request to rescind
Section 10 from the SIP, an approval of
Section 12.0, a partial approval and
partial disapproval of Section 0, and a
limited approval and limited
disapproval of Sections 12.1 and 12.11.
This action incorporates the submitted
rules (except Section 10) into the Clark
County portion of the Nevada State
Implementation Plan (SIP), including
those provisions identified as deficient.
A portion of this approval is limited
because EPA is simultaneously
finalizing a limited disapproval of
Sections 12.1 and 12.11 under section
110(k)(3). Our limited disapproval
action triggers an obligation for the EPA
to promulgate a Federal Implementation
Plan (FIP) unless the State corrects the
deficiencies, and the EPA approves the
related plan revisions, within two years
of this final action. The EPA intends to
work with the Department to correct the
deficiencies in a timely manner.
Note that Sections 12.1 and 12.11
have been adopted by the Department,
and the EPA’s final limited disapproval
does not prevent the local agency from
enforcing these rules. The limited
disapproval would also not prevent any
portion of the rule from being
incorporated by reference into the
federally enforceable SIP, as discussed
in a July 9, 1992 EPA memo found at:
https://www.epa.gov/sites/production/
files/2015-07/documents/procsip.pdf.
We note for clarity that, with this final
action, the version of Section 0 listed in
Table 1 will be approved into the SIP,
and a separate entry for the definition of
‘‘Clearing and Grubbing’’ from the
current SIP-approved version of Section
0, approved into the SIP on October 17,
2014, will be retained in the SIP.
Therefore, our partial disapproval action
for Section 0 will require no further
action from the Department to remedy
the identified deficiency. More
generally, the incorporation of the
submitted version of Section 0 into the
SIP will replace the older version of
1 88 FR 7046. Table 1 lists the submitted rules
addressed by this action, including the dates on
which they were adopted by the Clark County
Board of County Commissioners, and the dates on
which they were submitted by the Nevada Division
of Environmental Protection to the EPA.
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II. Public Comments
The EPA’s proposed action provided
a 30-day public comment period. During
this period, no comments were
submitted regarding our proposal.
III. EPA Action
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Section 0 that had been in the SIP,
except for the definition of ‘‘Clearing
and Grubbing’’; that older version of
Section 0 is being removed from the SIP
(except for the specified definition). In
addition, our approval of certain
definitions in the submitted version of
Section 0 will replace in the SIP the
older versions of those same definitions
that are currently included in SIPapproved Section 1; these older versions
of the definitions are being removed
from the SIP. Similarly, with our
approval into the SIP of the versions of
Sections 12.0 and 12.1 listed in Table 1,
this action removes the older versions of
these rules that had been in the SIP. Our
proposed rule and TSD provide more
information in this regard.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is incorporating by
reference the following Clark County
DES rules: Sections 0, 12.0, 12.1 and
12.11, as described in Table 1 of this
notice concerning definitions and New
Source Review permit program
requirements. The EPA has made, and
will continue to make, these materials
available through https://
www.regulations.gov and at the EPA
Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
notice for more information).
Also in this document, as described in
the amendments to 40 CFR part 52 set
forth below, the EPA is removing
provisions from the EPA-approved rules
for the Clark County portion of the
Nevada SIP, which is incorporated by
reference in accordance with the
requirements of 1 CFR part 51.
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.
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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
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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.
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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 addresses
whether the relevant state rule
submittals meet federal requirements
and does not impose additional
requirements beyond those imposed by
state law.
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Clark County DES 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. The EPA did not perform an
EJ analysis and did not consider EJ in
this 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 Executive Order
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
L. 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).
M. 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 August 14, 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
Administrative practice and
procedure, Environmental protection,
Air pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 6, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Authority: 42 U.S.C. 7401 et seq.
Subpart DD—Nevada
2. In § 52.1470, paragraph (c), table 3
is amended by:
■ a. Removing the entry for ‘‘Section 0’’
and adding two new entries for ‘‘Section
0’’ in its place;
■ b. Removing the entries for ‘‘Section 1
(‘‘Definitions’’): Subsection 1.1’’,
‘‘Section 1 (‘‘Definitions’’): Subsection
1.26’’, ‘‘Section 1 (‘‘Definitions’’):
Subsection 1.29’’, ‘‘Section 1
(‘‘Definitions’’): Subsection 1.36’’,
‘‘Section 1 (‘‘Definitions’’): Subsection
1.51’’, ‘‘Section 1 (‘‘Definitions’’):
Subsection 1.57’’, ‘‘Section 1
(‘‘Definitions’’): Subsection 1.95’’ and
‘‘Section 10’’.
■ c. Revising the entries for ‘‘Section
12.0’’ and ‘‘Section 12.1’’; and
■ d. Adding an entry for ‘‘Section
12.11’’ after the entry for ‘‘Section
12.9.1’’.
The additions and revisions read as
follows:
■
§ 52.1470
*
1. The authority citation for Part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
TABLE 3—EPA-APPROVED CLARK COUNTY REGULATIONS
Title/subject
Section 0 ............................
Definitions ..........................
8/3/21
[Insert Federal Register
citation], 6/14/23.
Section 0 ............................
Definitions (‘‘Clearing and
Grubbing’’ only).
4/1/14
79 FR 62351, 10/17/14 .....
*
Section 12.0 .......................
*
*
Applicability and General
Requirements.
*
*
2/4/20 [Insert Federal Register
citation], 6/14/23.
Section 12.1 .......................
Permit Requirements for
Minor Sources.
1/1/19
*
Section 12.11 .....................
*
*
General Permits for Minor
Stationary Sources.
*
*
1/1/19 [Insert Federal Register
citation], 6/14/23.
*
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County
effective
date
County citation
*
*
*
*
*
*
EPA approval date
[Insert Federal Register
citation], 6/14/23.
*
Additional explanation
Submitted electronically on January 31,
2022, as an attachment to a letter
dated January 31, 2022.
Amended by Clark County Board of
County Commissioners on March 18,
2014 through Ordinance No. 4189.
Submitted by NDEP on 4/1/14.
*
*
Submitted electronically on March 16,
2020, as an attachment to a letter
dated March 13, 2020.
Submitted electronically on April 12,
2019, as an attachment to a letter
dated April 12, 2019.
*
*
Submitted electronically on April 12,
2019, as an attachment to a letter
dated April 12, 2019.
*
*
*
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]]>Agencies
[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Rules and Regulations]
[Pages 38754-38757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12490]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0239; FRL-10597-02-R9]
Air Plan Actions; Nevada; Clark County--Department of Environment
and Sustainability; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing an
approval, a partial approval and partial disapproval, and a limited
approval and limited disapproval of certain revisions to the Clark
County portion of the Nevada State Implementation Plan (SIP). These
revisions primarily concern the Clark County Department of Environment
and Sustainability's (``DES'' or ``Department'') general definitions
rule and New Source Review (NSR) permitting program for new and
modified sources of air pollution under the Clean Air Act (CAA or
``Act'').
DATES: This rule is effective on July 14, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0239. 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 the
disclosure of which 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. 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: Laura Yannayon, EPA Region IX, Air-3-
2, 75 Hawthorne St., San Francisco, CA 94105, (415) 972-3534,
[email protected].
[[Page 38755]]
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 2, 2023, the EPA proposed an approval, a partial
approval and partial disapproval, and a limited approval and limited
disapproval of four rules listed in Table 1 into the Clark County
portion of the Nevada State Implementation Plan (SIP), and proposed to
rescind from the Nevada SIP one rule listed in Table 1, as discussed
below.\1\
---------------------------------------------------------------------------
\1\ 88 FR 7046. Table 1 lists the submitted rules addressed by
this action, including the dates on which they were adopted by the
Clark County Board of County Commissioners, and the dates on which
they were submitted by the Nevada Division of Environmental
Protection to the EPA.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Cover letter
Section Section title Adopted date Submittal date
----------------------------------------------------------------------------------------------------------------
0.................................. Definitions................ 7/20/21 1/31/22 1/31/22
10................................. Compliance Schedules 12/18/18 6/6/19 6/10/19
(Request to rescind).
12.0............................... Applicability and General 1/21/20 3/13/20 3/16/20
Requirements.
12.1............................... Permit Requirements for 12/18/18 4/12/19 4/12/19
Minor Sources.
12.11.............................. General Permits for Minor 12/18/18 4/12/19 4/12/19
Stationary Sources.
----------------------------------------------------------------------------------------------------------------
The submitted rules are intended to update the Nevada SIP with
recent revisions to the Department's Air Quality Regulations. See our
notice of proposed rulemaking and Technical Support Document (TSD) for
additional information about the submitted rules and our evaluation of
them.
In our proposed action, we proposed partial approval and partial
disapproval of Section 0, because the revisions to the rule were
approvable, except that the submitted rule removed a definition for
``Clearing and Grubbing'', a term still used in the SIP. Therefore, we
proposed to retain in the SIP the definition of ``Clearing and
Grubbing'' from the current SIP-approved version of Section 0. We also
proposed approval of the request to rescind Section 10 from the SIP,
because the rule has been repealed locally and is no longer relevant.
In addition, we proposed full approval of Section 12.0 because we
determined that the revisions to the rule satisfy the applicable
statutory and regulatory provisions governing regulation of stationary
sources under CAA section 110(a)(2)(C).
We also proposed a limited approval and limited disapproval of
Sections 12.1 and 12.11, because we determined that these rules mostly
satisfy the applicable statutory and regulatory provisions governing
regulation of stationary sources under CAA section 110(a)(2)(A) and
(C), but they do not satisfy all of these requirements. Specifically,
we identified the following six deficiencies. First and second, the
provisions in Sections 12.1.2(c)(7) and (8), which exempt ancillary
parts washers and degreasers that use only certified clean air solvents
from permitting requirements, are deficient because the term
``certified clean air solvents'' is not defined in any Section 12
series rule, which makes the provision unenforceable. Third, the
provision in Section 12.1.2(c)(10) allowing the Control Officer to deem
any other emission unit or activity to be insignificant on a case-by-
case basis with no specific criteria for making this determination is
deficient because it contains impermissible Director's discretion.
Fourth, the provision in Section 12.1.4.1(z) contains impermissible
Control Officer discretion to decide whether certain conditions should
be added to portable minor source permits. Fifth, Section 12.11
contains an unenforceable cross-reference relating to certain emissions
inventory report requirements, and sixth, Section 12.11 does not
satisfy the requirement in 40 CFR 51.160(f) that the screening model
used pursuant to Section 12.11.1(f) be based on the applicable models,
databases, and other requirements specified in 40 CFR part 51, appendix
W.
II. Public Comments
The EPA's proposed action provided a 30-day public comment period.
During this period, no comments were submitted regarding our proposal.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) and 301(a) of the Act, the EPA is finalizing our
action as proposed. Specifically, the EPA is finalizing an approval of
the request to rescind Section 10 from the SIP, an approval of Section
12.0, a partial approval and partial disapproval of Section 0, and a
limited approval and limited disapproval of Sections 12.1 and 12.11.
This action incorporates the submitted rules (except Section 10) into
the Clark County portion of the Nevada State Implementation Plan (SIP),
including those provisions identified as deficient.
A portion of this approval is limited because EPA is simultaneously
finalizing a limited disapproval of Sections 12.1 and 12.11 under
section 110(k)(3). Our limited disapproval action triggers an
obligation for the EPA to promulgate a Federal Implementation Plan
(FIP) unless the State corrects the deficiencies, and the EPA approves
the related plan revisions, within two years of this final action. The
EPA intends to work with the Department to correct the deficiencies in
a timely manner.
Note that Sections 12.1 and 12.11 have been adopted by the
Department, and the EPA's final limited disapproval does not prevent
the local agency from enforcing these rules. The limited disapproval
would also not prevent any portion of the rule from being incorporated
by reference into the federally enforceable SIP, as discussed in a July
9, 1992 EPA memo found at: https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.
We note for clarity that, with this final action, the version of
Section 0 listed in Table 1 will be approved into the SIP, and a
separate entry for the definition of ``Clearing and Grubbing'' from the
current SIP-approved version of Section 0, approved into the SIP on
October 17, 2014, will be retained in the SIP. Therefore, our partial
disapproval action for Section 0 will require no further action from
the Department to remedy the identified deficiency. More generally, the
incorporation of the submitted version of Section 0 into the SIP will
replace the older version of
[[Page 38756]]
Section 0 that had been in the SIP, except for the definition of
``Clearing and Grubbing''; that older version of Section 0 is being
removed from the SIP (except for the specified definition). In
addition, our approval of certain definitions in the submitted version
of Section 0 will replace in the SIP the older versions of those same
definitions that are currently included in SIP-approved Section 1;
these older versions of the definitions are being removed from the SIP.
Similarly, with our approval into the SIP of the versions of Sections
12.0 and 12.1 listed in Table 1, this action removes the older versions
of these rules that had been in the SIP. Our proposed rule and TSD
provide more information in this regard.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is incorporating by reference the following Clark County
DES rules: Sections 0, 12.0, 12.1 and 12.11, as described in Table 1 of
this notice concerning definitions and New Source Review permit program
requirements. The EPA has made, and will continue to make, these
materials available through https://www.regulations.gov and at the EPA
Region IX Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this notice for more
information).
Also in this document, as described in the amendments to 40 CFR
part 52 set forth below, the EPA is removing provisions from the EPA-
approved rules for the Clark County portion of the Nevada SIP, which is
incorporated by reference in accordance with the requirements of 1 CFR
part 51.
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 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
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 addresses whether the relevant state
rule submittals meet federal requirements and does not impose
additional requirements beyond those imposed by state law.
[[Page 38757]]
Clark County DES 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. The EPA did not perform an EJ analysis and did not consider
EJ in this 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 Executive Order 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
L. 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).
M. 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 August 14, 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
Administrative practice and procedure, Environmental protection,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 6, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, 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. In Sec. 52.1470, paragraph (c), table 3 is amended by:
0
a. Removing the entry for ``Section 0'' and adding two new entries for
``Section 0'' in its place;
0
b. Removing the entries for ``Section 1 (``Definitions''): Subsection
1.1'', ``Section 1 (``Definitions''): Subsection 1.26'', ``Section 1
(``Definitions''): Subsection 1.29'', ``Section 1 (``Definitions''):
Subsection 1.36'', ``Section 1 (``Definitions''): Subsection 1.51'',
``Section 1 (``Definitions''): Subsection 1.57'', ``Section 1
(``Definitions''): Subsection 1.95'' and ``Section 10''.
0
c. Revising the entries for ``Section 12.0'' and ``Section 12.1''; and
0
d. Adding an entry for ``Section 12.11'' after the entry for ``Section
12.9.1''.
The additions and revisions read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
Table 3--EPA-Approved Clark County Regulations
----------------------------------------------------------------------------------------------------------------
County
County citation Title/subject effective EPA approval date Additional
date explanation
----------------------------------------------------------------------------------------------------------------
Section 0........................ Definitions......... 8/3/21 [Insert Federal Submitted
Register citation], electronically on
6/14/23. January 31, 2022,
as an attachment to
a letter dated
January 31, 2022.
Section 0........................ Definitions 4/1/14 79 FR 62351, 10/17/ Amended by Clark
(``Clearing and 14. County Board of
Grubbing'' only). County
Commissioners on
March 18, 2014
through Ordinance
No. 4189. Submitted
by NDEP on 4/1/14.
* * * * * * *
Section 12.0..................... Applicability and 2/4/20 [Insert Federal Submitted
General Register citation], electronically on
Requirements. 6/14/23. March 16, 2020, as
an attachment to a
letter dated March
13, 2020.
Section 12.1..................... Permit Requirements 1/1/19 [Insert Federal Submitted
for Minor Sources. Register citation], electronically on
6/14/23. April 12, 2019, as
an attachment to a
letter dated April
12, 2019.
* * * * * * *
Section 12.11.................... General Permits for 1/1/19 [Insert Federal Submitted
Minor Stationary Register citation], electronically on
Sources. 6/14/23. April 12, 2019, as
an attachment to a
letter dated April
12, 2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-12490 Filed 6-13-23; 8:45 am]
BILLING CODE 6560-50-P
