Air Plan Approval; Nevada; Clark County Department of Environment and Sustainability; Nonattainment New Source Review; 2015 Ozone Standard, 37137-37139 [2024-09308]
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Federal Register / Vol. 89, No. 88 / Monday, May 6, 2024 / Rules and Regulations
not constitute a significant energy action
as defined in E.O. 13211, and OIRA has
not otherwise designated the final rule
as a significant energy action.
Civil Justice Reform
The Department has analyzed the
final rule in accordance with the
principles and criteria in E.O. 12988,
Civil Justice Reform. Upon issuance of
the final rule, (1) all state and local laws
and regulations that conflict with the
final rule or that impede its full
implementation will be preempted, (2)
no retroactive effect will be given to this
final rule, and (3) it will not require
administrative proceedings before
parties may file suit in court challenging
its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), signed into law on March
22, 1995, the Department has assessed
the effects of the final rule on state,
local, and Tribal governments, and the
private sector. The final rule will not
compel the expenditure of $100 million
or more by any state, local, or Tribal
government or anyone in the private
sector. Therefore, a statement under
section 202 of the Act is not required.
Controlling Paperwork Burdens on the
Public
The final rule does not contain
information collection requirements as
defined in 5 CFR part 1320 that are not
already required by law or not already
approved for use. Accordingly, the
review provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) and its implementing
regulations at 5 CFR part 1320 do not
apply.
List of Subjects in 36 CFR Part 219
Administrative practice and
procedure, Environmental impact
statements, Indians, Intergovernmental
relations, National forests, Reporting
and recordkeeping requirements,
Science and technology.
ddrumheller on DSK120RN23PROD with RULES1
Therefore, for the reasons set forth in
the preamble, the Department is
amending chapter II of title 36 of the
Code of Federal Regulations as follows:
PART 219—PLANNING
1. The authority citation for part 219
continues to read as follows:
■
Authority: 5 U.S.C. 301; 16 U.S.C. 1604,
1613.
2. Amend § 219.4 by revising
paragraph (a)(3) to read as follows:
■
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16:54 May 03, 2024
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§ 219.4 Requirements for public
participation.
(a) * * *
(3) Indigenous knowledge and land
ethics. As part of tribal participation and
consultation as set forth in paragraphs
(a)(1)(v) and (a)(2) of this section, the
responsible official shall request
information about Indigenous
Knowledge, land ethics, cultural issues,
and sacred and culturally significant
sites.
*
*
*
*
*
3. Amend § 219.19 by removing the
definition ‘‘Native knowledge’’ and
adding the definition ‘‘Indigenous
knowledge’’ in alphabetical order to
read as follows:
■
§ 219.19
Definitions.
*
*
*
*
*
Indigenous knowledge. A body of
observations, oral and written
knowledge, innovations, practices, and
beliefs developed by Tribes and
Indigenous Peoples through interaction
and experience with the environment. It
is applied to phenomena across
biological, physical, social, cultural, and
spiritual systems. Indigenous
Knowledge can be developed over
millennia, continues to develop, and
includes understanding based on
evidence acquired through direct
contact with the environment and longterm experiences, as well as extensive
observations, lessons, and skills passed
from generation to generation.
Indigenous Knowledge is developed by
Indigenous Peoples including, but not
limited to, Tribal Nations, Native
Americans, Alaska Natives, and Native
Hawaiians. Each Tribe or Indigenous
community has its own place-based
body of knowledge that may overlap
with that of other Tribes. Indigenous
Knowledge is based in ethical
foundations often grounded in social,
spiritual, cultural, and natural systems
that are frequently intertwined and
inseparable, offering a holistic
perspective. Indigenous Knowledge is
inherently heterogeneous due to the
cultural, geographic, and socioeconomic
differences from which it is derived,
and is shaped by the Indigenous
Peoples’ understanding of their history
and the surrounding environment.
Indigenous Knowledge is unique to each
group of Indigenous Peoples and each
may elect to utilize different
terminology or express it in different
ways. Indigenous Knowledge is deeply
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37137
connected to the Indigenous Peoples
holding that knowledge.
*
*
*
*
*
Homer Wilkes,
Under Secretary, Natural Resources and
Environment.
[FR Doc. 2024–09624 Filed 5–3–24; 8:45 am]
BILLING CODE 3411–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0494; FRL–9931–02–
R9]
Air Plan Approval; Nevada; Clark
County Department of Environment
and Sustainability; Nonattainment New
Source Review; 2015 Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a state implementation plan
(SIP) revision submitted by the State of
Nevada addressing the nonattainment
new source review (NNSR)
requirements for the 2015 ozone
National Ambient Air Quality Standards
(NAAQS). This SIP revision addresses
the Clark County Department of
Environment and Sustainability
(‘‘Department’’) portion of the Nevada
SIP. This action is being taken pursuant
to the Clean Air Act (CAA or ‘‘Act’’) and
its implementing regulations.
DATES: This rule is effective on June 5,
2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0494. 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
SUMMARY:
E:\FR\FM\06MYR1.SGM
06MYR1
37138
Federal Register / Vol. 89, No. 88 / Monday, May 6, 2024 / Rules and Regulations
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
FOR FURTHER INFORMATION CONTACT:
Amita Muralidharan, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4140 or by
email at muralidharan.amita@epa.gov.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On February 2, 2024 (89 FR 7318), the
EPA proposed to approve the SIP
revision listed in table 1 of this
document, addressing the NNSR
requirements for the 2015 ozone
NAAQS for the Department.
TABLE 1—SUBMITTED CERTIFICATION LETTER
Air pollution control agency
Adoption date
Submittal date 1
Clark County Department of Environment and Sustainability .........................................................................
7/20/2021
8/5/2021
1 The
submitted certification letter was dated August 3, 2021. The electronic submittal was received by EPA on August 5, 2021.
We proposed approval of the
submitted SIP revision because we
determined that the 2015 ozone
certification submitted by the
Department fulfills the 40 CFR 51.1314
revision requirement and meets the
requirements of CAA sections 110,
172(c)(5), 173, 182(a)(2)(c), 193, and the
minimum SIP requirements of 40 CFR
51.165. Our proposed action contains
more information on the SIP revision
and our evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received one comment
in support of this action. The comment
outlines the air quality improvements
that will result from finalizing this
action. The EPA has considered this
comment in its final decision to approve
the Department’s SIP revision.
ddrumheller on DSK120RN23PROD with RULES1
III. EPA Action
One favorable comment was received
during the 30-day public comment
period. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is
approving this certification into the
Nevada SIP as proposed.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve State choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
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16:54 May 03, 2024
Jkt 262001
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on Tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
PO 00000
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Fmt 4700
Sfmt 4700
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 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. The EPA did not perform an
EJ analysis and did not consider EJ in
this action. 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.
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 July 5, 2024.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
E:\FR\FM\06MYR1.SGM
06MYR1
37139
Federal Register / Vol. 89, No. 88 / Monday, May 6, 2024 / Rules and Regulations
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2))
List of Subjects in 40 CFR part 52
Environmental protection, Air
pollution control, Incorporation by
Reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: April 22, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Subpart DD–Nevada
2. Amend § 52.1470, in paragraph (e),
by adding an entry to the table for
‘‘Revision to the Nevada State
Implementation Plan for the 2015 Ozone
NAAQS: Nonattainment Major NSR
Requirements: Las Vegas Valley
Nonattainment Area’’ after the entry for
‘‘Revision to Nevada 2015 Eight-Hour
Ozone Plan, Emissions Inventory
Requirement for the Las Vegas Valley
Nonattainment Area, Clark County, NV
(October 15, 2020)’’ to read as follows:
■
For the reasons stated in the
preamble, 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:
■
§ 52.1470
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable geographic or nonattainment area
Name of SIP provision
State submittal
date
EPA approval date
Explanation
Air Quality Implementation Plan for the State of Nevada 1
*
*
*
Revision to the Nevada State Implementation Plan
for the 2015 Ozone NAAQS: Nonattainment Major
NSR Requirements: Las Vegas Valley Nonattainment Area.
*
*
*
Las Vegas Valley, Clark
County.
*
8/5/2021
*
*
[INSERT FEDERAL
REGISTER CITATION], 5/6/2024.
*
*
*
This is an approval of
Clark County’s certification that the existing
Nonattainment New
Source Review program is at least as
stringent as the requirements of 40 CFR
51.165 for the 2015
ozone NAAQS.
*
*
*
*
*
*
*
*
*
organization of this table generally follows from the organization of the State of Nevada’s original 1972 SIP, which was divided into 12
sections. Nonattainment and maintenance plans, among other types of plans, are listed under Section 5 (Control Strategy). Lead SIPs and Small
Business Stationary Source Technical and Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or
quasi-regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR 52.1470(c).
1 The
*
*
*
*
*
ACTION:
Temporary rule; closure.
[FR Doc. 2024–09308 Filed 5–3–24; 8:45 am]
NMFS closes the Angling
category southern area fishery for large
medium and giant (‘‘trophy’’ (i.e.,
measuring 73 inches (185 centimeters
(cm)) curved fork length or greater))
Atlantic bluefin tuna (BFT). The
southern New England area trophy
fishery is defined as south of 42° N lat.
and north of 39°18′ N lat. This action
applies to Highly Migratory Species
(HMS) Angling and HMS Charter/
Headboat permitted vessels when
fishing recreationally.
SUMMARY:
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
ddrumheller on DSK120RN23PROD with RULES1
[Docket No. 220919–0193; RTID 0648–
XD926]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
Closure of the Angling Category
Southern New England Area Trophy
Fishery for 2024
Effective 11:30 p.m., local time,
May 2, 2024, through December 31,
2024.
DATES:
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
VerDate Sep<11>2014
16:54 May 03, 2024
Jkt 262001
FOR FURTHER INFORMATION CONTACT:
Larry Redd, Jr., larry.redd@noaa.gov, or
Ann Williamson, ann.williamson@
noaa.gov, 301–427–8503.
PO 00000
Frm 00079
Fmt 4700
Sfmt 4700
BFT
fisheries are managed under the 2006
Consolidated HMS Fishery Management
Plan (FMP) and its amendments,
pursuant to the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act; 16 U.S.C.
1801 et seq.) and consistent with the
Atlantic Tunas Convention Act (ATCA;
16 U.S.C. 971 et seq.). HMS
implementing regulations are at 50 CFR
part 635. Section 635.27 divides the
U.S. BFT quota, established by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
HMS FMP and its amendments. NMFS
is required under the Magnuson-Stevens
Act at 16 U.S.C. 1854(g)(1)(D) to provide
U.S. fishing vessels with a reasonable
SUPPLEMENTARY INFORMATION:
E:\FR\FM\06MYR1.SGM
06MYR1
Agencies
[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Rules and Regulations]
[Pages 37137-37139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09308]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0494; FRL-9931-02-R9]
Air Plan Approval; Nevada; Clark County Department of Environment
and Sustainability; Nonattainment New Source Review; 2015 Ozone
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a state implementation plan (SIP) revision submitted
by the State of Nevada addressing the nonattainment new source review
(NNSR) requirements for the 2015 ozone National Ambient Air Quality
Standards (NAAQS). This SIP revision addresses the Clark County
Department of Environment and Sustainability (``Department'') portion
of the Nevada SIP. This action is being taken pursuant to the Clean Air
Act (CAA or ``Act'') and its implementing regulations.
DATES: This rule is effective on June 5, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0494. 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
[[Page 37138]]
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: Amita Muralidharan, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4140 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On February 2, 2024 (89 FR 7318), the EPA proposed to approve the
SIP revision listed in table 1 of this document, addressing the NNSR
requirements for the 2015 ozone NAAQS for the Department.
Table 1--Submitted Certification Letter
----------------------------------------------------------------------------------------------------------------
Air pollution control agency Adoption date Submittal date \1\
----------------------------------------------------------------------------------------------------------------
Clark County Department of Environment and Sustainability................. 7/20/2021 8/5/2021
----------------------------------------------------------------------------------------------------------------
\1\ The submitted certification letter was dated August 3, 2021. The electronic submittal was received by EPA on
August 5, 2021.
We proposed approval of the submitted SIP revision because we
determined that the 2015 ozone certification submitted by the
Department fulfills the 40 CFR 51.1314 revision requirement and meets
the requirements of CAA sections 110, 172(c)(5), 173, 182(a)(2)(c),
193, and the minimum SIP requirements of 40 CFR 51.165. Our proposed
action contains more information on the SIP revision and our
evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment in support of this action.
The comment outlines the air quality improvements that will result from
finalizing this action. The EPA has considered this comment in its
final decision to approve the Department's SIP revision.
III. EPA Action
One favorable comment was received during the 30-day public comment
period. Therefore, as authorized in section 110(k)(3) of the Act, the
EPA is approving this certification into the Nevada SIP as proposed.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on Tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 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 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. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
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.
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 July 5, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for
[[Page 37139]]
the purposes of judicial review nor does it extend the time within
which a petition for judicial review may be filed, and shall not
postpone the effectiveness of such rule or action. This action may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2))
List of Subjects in 40 CFR part 52
Environmental protection, Air pollution control, Incorporation by
Reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 22, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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, in paragraph (e), by adding an entry to the
table for ``Revision to the Nevada State Implementation Plan for the
2015 Ozone NAAQS: Nonattainment Major NSR Requirements: Las Vegas
Valley Nonattainment Area'' after the entry for ``Revision to Nevada
2015 Eight-Hour Ozone Plan, Emissions Inventory Requirement for the Las
Vegas Valley Nonattainment Area, Clark County, NV (October 15, 2020)''
to read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable geographic State submittal
Name of SIP provision or nonattainment area date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Air Quality Implementation Plan for the State of Nevada \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Revision to the Nevada State Las Vegas Valley, Clark 8/5/2021 [INSERT FEDERAL This is an
Implementation Plan for the County. REGISTER approval of
2015 Ozone NAAQS: CITATION], 5/6/ Clark County's
Nonattainment Major NSR 2024. certification
Requirements: Las Vegas Valley that the
Nonattainment Area. existing
Nonattainment
New Source
Review program
is at least as
stringent as the
requirements of
40 CFR 51.165
for the 2015
ozone NAAQS.
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\1\ The organization of this table generally follows from the organization of the State of Nevada's original
1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
52.1470(c).
* * * * *
[FR Doc. 2024-09308 Filed 5-3-24; 8:45 am]
BILLING CODE 6560-50-P