Approval of Implementation Plans for Air Quality Planning Purposes; State of Nevada; Clark County Second 10-Year Maintenance Plan for the 1997 8-Hour Ozone Standard, 23916-23918 [2024-07199]
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Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Rules and Regulations
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect 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. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
khammond on DSKJM1Z7X2PROD with RULES
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
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individually or cumulatively have a
significant effect on the human
environment. This rule involves a
security zone lasting only 3 hours that
will prohibit entry into all navigable
waters of the Cooper River, in the
vicinity of the Arthur Ravenel Jr. Bridge.
It is categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T07–0228 to read as
follows:
■
§ 165.T07–0228 Security Zone; Cooper
River Bridge Run, Charleston, SC.
(a) Location. The following area is a
security zone: All waters of the Cooper
River, and Town Creek Reaches
encompassed within the following
points: Beginning at 32°48′32″ N,
079°56′08″ W, thence east to 32°48′20″
N, 079°54′18″ W, thence south to
32°47′20″ N, 079°54′29″ W, thence west
to 32°47′20″ N, 079°55′28″ W, thence
north to origin. All coordinates are 1984
World Geodetic System (WGS 84).
(b) Regulations. (1) Under the general
security zone regulations in subpart D of
this part, you may not enter the security
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Charleston (COTP) or
the COTP’s designated representative.
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(2) Vessels requiring entry into the
security zone must request permission
from the COTP or a designated
representative. To seek entry into the
security zone, contact the COTP or the
COTP’s representative by telephone at
843–740–7050 or on VHF–FM channel
16.
(3) Persons and vessels permitted to
enter the security zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(c) Definitions. As used in this
section, designated representative is a
commissioned, warrant, or petty officer
of the Coast Guard assigned to units
under the operational control of Coast
Guard Sector Charleston.
(d) Enforcement period. This section
will be enforced from 7:30 a.m. through
10:30 a.m. on April 6, 2024.
Dated: April 1, 2024.
F.J. DelRosso,
Captain, U.S. Coast Guard, Captain of the
Port Sector Charleston.
[FR Doc. 2024–07235 Filed 4–4–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0955; FRL–10549–
02–R9]
Approval of Implementation Plans for
Air Quality Planning Purposes; State of
Nevada; Clark County Second 10-Year
Maintenance Plan for the 1997 8-Hour
Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve, as a revision of the Nevada
state implementation plan (SIP), the
State’s second 10-year plan for
maintaining the 1997 8-hour ozone
standard in Clark County (‘‘Clark
County Second Maintenance Plan’’ or
‘‘Plan’’). The Clark County Second
Maintenance Plan includes, among
other elements, a base year emissions
inventory, a maintenance
demonstration, contingency provisions,
and motor vehicle emissions budgets for
use in transportation conformity
determinations to ensure the continued
maintenance of the 1997 National
Ambient Air Quality Standards for
ozone (‘‘1997 ozone NAAQS’’ or ‘‘1997
8-hour ozone standard’’). With this
action, the EPA is approving the motor
SUMMARY:
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Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Rules and Regulations
vehicle emissions budgets for 2017,
2023, and 2033. The EPA is taking this
final action because the SIP revision
meets the applicable statutory and
regulatory requirements for such plans
and motor vehicle emissions budgets.
DATES: This action is effective on May
6, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0955. 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 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
a disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Andrew Ledezma, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3985 or by
email at Ledezma.Andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews
khammond on DSKJM1Z7X2PROD with RULES
I. Summary of Proposed Action
On December 21, 2023, the EPA
proposed to approve two submittals
from the Nevada Division of
Environmental Protection (NDEP) as a
revision to the Nevada SIP: the Clark
County Second Maintenance Plan dated
December 21, 2021, and a supplement to
the Clark County Second Maintenance
Plan (‘‘Contingency Provision
Supplement’’) dated August 16, 2023.1
We refer to the Clark County Second
Maintenance Plan and the Contingency
Provision Supplement collectively as
the ‘‘Clark County Second Maintenance
Plan.’’ We proposed to find that the
Clark County Second Maintenance Plan
1 88
FR 88300.
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adequately demonstrates that the Clark
County area will maintain the 1997
ozone NAAQS through 2033 (i.e., for
more than 10 years beyond the first 10year maintenance period), with the
maintenance period ending on February
7, 2033. We also proposed to find that
the Plan includes sufficient contingency
provisions to promptly correct any
violation of the 1997 ozone NAAQS that
may occur. Lastly, we proposed to find
that the motor vehicle emissions
budgets (‘‘budgets’’) for volatile organic
compounds (VOC) and nitrogen oxides
(NOX) for 2017, 2023, and 2033 were
adequate.
Please see our proposed rule for a
detailed discussion of the background
for this action and substantive review of
the Clark County Second Maintenance
Plan and associated budgets.
II. Public Comments and EPA
Responses
Our December 21, 2023 proposed rule
provided a 30-day public comment
period that closed on January 22, 2024.
During this comment period we
received no comments on our proposal.
III. Final Action
Under CAA section 110(k)(3), and for
reasons set forth in our December 21,
2023 proposed rule, the EPA is taking
final action to approve the Clark County
Second Maintenance submittal as a
revision to the Nevada SIP. The EPA
finds that the maintenance
demonstration showing the area will
continue to maintain the 1997 ozone
NAAQS for an additional 10 years
beyond the first maintenance period,
and the contingency provisions
describing the actions that NDEP will
take in the event of a future monitored
violation, meet all applicable
requirements for maintenance plans and
related contingency provisions in CAA
section 175A. The EPA is also
approving the budgets for VOC and NOX
for 2017, 2023, and 2033 because they
are derived from an approvable
maintenance demonstration and are
adequate and meet the applicable
transportation conformity requirements
under 40 CFR 93.118(e).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this proposed action
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23917
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Will not have disproportionately
high and adverse human health or
environmental effects on minority
populations, low-income populations
and/or indigenous peoples, as specified
in Executive Order 12898 (59 FR 7629,
February 16, 1994), as discussed in
section VI of the proposed rule.
In addition, there are no areas of
Indian country within the planning
area, and the state plan for which the
EPA is approving does not apply on any
Indian reservation land or in any other
area where the EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the Clark County Second
Maintenance Plan does not apply, and
therefore, this action does not have
tribal implications and would not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
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Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Rules and Regulations
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. The 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.’’ The 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.’’
The air agency did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
The EPA’s evaluation of environmental
justice is described in the proposed rule
titled, ‘‘Environmental Justice
Considerations.’’ The analysis was done
for the purpose of providing additional
context and information about this
rulemaking to the public, not as a basis
of the 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. In addition, there is no information
in the record upon which this decision
is based that is inconsistent with the
stated goal of E.O. 12898 of achieving
environmental justice for people of
color, low-income populations, and
Indigenous peoples.
This action is subject to the
Congressional Review Act, 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).
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 June 4, 2024.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
matter, Sulfur dioxide, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 29, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends Part 52, chapter I, title
40 of the Code of Federal Regulations as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart DD—Nevada
2. In § 52.1470 in paragraph (e),
amend the table by adding an entry for
‘‘Revision to Motor Vehicle Emissions
Budgets in Ozone Redesignation
Request and Maintenance Plan: Clark
County, Nevada (October 2018)’’ after
the entry for ‘‘Ozone Redesignation
Request and Maintenance Plan, Clark
County, Nevada (March 2011)’’ to read
as follows:
■
§ 52.1470
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEVADA NONREGULATORY AND QUASI-REGULATORY MEASURES
Applicable geographic or nonattainment
area
Name of SIP provision
State submittal date
EPA approval date
Explanation
Air Quality Implementation Plan for the State of Nevada 1
*
*
Second Maintenance Plan for the 1997 8hour Ozone NAAQS, Clark County, Nevada (December 2021), and Revision to
Contingency Measures Plan in the Second Maintenance Plan for the 1997 8hour Ozone NAAQS (July 2023).
*
*
*
Las Vegas, Nevada: that portion of Clark
County that lies in hydrogeographic
areas 164A, 164B, 165, 166, 167, 212,
213, 214, 216, 217, and 218, but excluding the Moapa River Indian Reservation and the Fort Mohave Indian
Reservation.
*
*
*
Clark County Second Maintenance Plan: 1/24/2022,
Contingency Measure
Revision: 8/16/2023.
*
*
*
[INSERT FEDERAL
REGISTER CITATION], 4/5/2024.
*
1 The
*
Fulfills requirement
for second ten-year
maintenance plan.
*
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organization of this table generally follows from the organization of the State of Nevada’s original 1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans, are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical
and Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-regulatory statutory provisions approved into the SIP.
Regulatory statutory provisions are listed in 40 CFR 52.1470(c).
[FR Doc. 2024–07199 Filed 4–4–24; 8:45 am]
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]]>Agencies
[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Rules and Regulations]
[Pages 23916-23918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07199]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0955; FRL-10549-02-R9]
Approval of Implementation Plans for Air Quality Planning
Purposes; State of Nevada; Clark County Second 10-Year Maintenance Plan
for the 1997 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve, as a revision of the Nevada state implementation
plan (SIP), the State's second 10-year plan for maintaining the 1997 8-
hour ozone standard in Clark County (``Clark County Second Maintenance
Plan'' or ``Plan''). The Clark County Second Maintenance Plan includes,
among other elements, a base year emissions inventory, a maintenance
demonstration, contingency provisions, and motor vehicle emissions
budgets for use in transportation conformity determinations to ensure
the continued maintenance of the 1997 National Ambient Air Quality
Standards for ozone (``1997 ozone NAAQS'' or ``1997 8-hour ozone
standard''). With this action, the EPA is approving the motor
[[Page 23917]]
vehicle emissions budgets for 2017, 2023, and 2033. The EPA is taking
this final action because the SIP revision meets the applicable
statutory and regulatory requirements for such plans and motor vehicle
emissions budgets.
DATES: This action is effective on May 6, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0955. 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 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 a disability
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Andrew Ledezma, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3985 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On December 21, 2023, the EPA proposed to approve two submittals
from the Nevada Division of Environmental Protection (NDEP) as a
revision to the Nevada SIP: the Clark County Second Maintenance Plan
dated December 21, 2021, and a supplement to the Clark County Second
Maintenance Plan (``Contingency Provision Supplement'') dated August
16, 2023.\1\ We refer to the Clark County Second Maintenance Plan and
the Contingency Provision Supplement collectively as the ``Clark County
Second Maintenance Plan.'' We proposed to find that the Clark County
Second Maintenance Plan adequately demonstrates that the Clark County
area will maintain the 1997 ozone NAAQS through 2033 (i.e., for more
than 10 years beyond the first 10-year maintenance period), with the
maintenance period ending on February 7, 2033. We also proposed to find
that the Plan includes sufficient contingency provisions to promptly
correct any violation of the 1997 ozone NAAQS that may occur. Lastly,
we proposed to find that the motor vehicle emissions budgets
(``budgets'') for volatile organic compounds (VOC) and nitrogen oxides
(NOX) for 2017, 2023, and 2033 were adequate.
---------------------------------------------------------------------------
\1\ 88 FR 88300.
---------------------------------------------------------------------------
Please see our proposed rule for a detailed discussion of the
background for this action and substantive review of the Clark County
Second Maintenance Plan and associated budgets.
II. Public Comments and EPA Responses
Our December 21, 2023 proposed rule provided a 30-day public
comment period that closed on January 22, 2024. During this comment
period we received no comments on our proposal.
III. Final Action
Under CAA section 110(k)(3), and for reasons set forth in our
December 21, 2023 proposed rule, the EPA is taking final action to
approve the Clark County Second Maintenance submittal as a revision to
the Nevada SIP. The EPA finds that the maintenance demonstration
showing the area will continue to maintain the 1997 ozone NAAQS for an
additional 10 years beyond the first maintenance period, and the
contingency provisions describing the actions that NDEP will take in
the event of a future monitored violation, meet all applicable
requirements for maintenance plans and related contingency provisions
in CAA section 175A. The EPA is also approving the budgets for VOC and
NOX for 2017, 2023, and 2033 because they are derived from
an approvable maintenance demonstration and are adequate and meet the
applicable transportation conformity requirements under 40 CFR
93.118(e).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Will not have disproportionately high and adverse human
health or environmental effects on minority populations, low-income
populations and/or indigenous peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994), as discussed in section VI of
the proposed rule.
In addition, there are no areas of Indian country within the
planning area, and the state plan for which the EPA is approving does
not apply on any Indian reservation land or in any other area where the
EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.
In those areas of Indian country, the Clark County Second Maintenance
Plan does not apply, and therefore, this action does not have tribal
implications and would not impose substantial direct costs on tribal
governments or preempt tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
[[Page 23918]]
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.
The 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.'' The 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.''
The air agency did not evaluate EJ considerations as part of its
SIP submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. The EPA's evaluation of
environmental justice is described in the proposed rule titled,
``Environmental Justice Considerations.'' The analysis was done for the
purpose of providing additional context and information about this
rulemaking to the public, not as a basis of the 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.
In addition, there is no information in the record upon which this
decision is based that is inconsistent with the stated goal of E.O.
12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, 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).
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 June 4, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Sulfur dioxide,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 29, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends Part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart DD--Nevada
0
2. In Sec. 52.1470 in paragraph (e), amend the table by adding an
entry for ``Revision to Motor Vehicle Emissions Budgets in Ozone
Redesignation Request and Maintenance Plan: Clark County, Nevada
(October 2018)'' after the entry for ``Ozone Redesignation Request and
Maintenance Plan, Clark County, Nevada (March 2011)'' to read as
follows:
Sec. 52.1470 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Nevada Nonregulatory and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State submittal EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
Air Quality Implementation Plan for the State of Nevada \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Second Maintenance Plan for the Las Vegas, Nevada: Clark County [INSERT FEDERAL Fulfills
1997 8-hour Ozone NAAQS, Clark that portion of Second REGISTER requirement for
County, Nevada (December 2021), Clark County that Maintenance Plan: CITATION], 4/5/ second ten-year
and Revision to Contingency lies in 1/24/2022, 2024. maintenance plan.
Measures Plan in the Second hydrogeographic Contingency
Maintenance Plan for the 1997 8- areas 164A, 164B, Measure Revision:
hour Ozone NAAQS (July 2023). 165, 166, 167, 8/16/2023.
212, 213, 214,
216, 217, and
218, but
excluding the
Moapa River
Indian
Reservation and
the Fort Mohave
Indian
Reservation.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ The organization of this table generally follows from the organization of the State of Nevada's original
1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
52.1470(c).
[FR Doc. 2024-07199 Filed 4-4-24; 8:45 am]
BILLING CODE 6560-50-P
