[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Rules and Regulations]
[Pages 58579-58581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22714]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0242; FRL-8725-02-R9]


Air Plan Approval; Nevada, Las Vegas Valley; Second 10-Year 
Carbon Monoxide Limited Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a Nevada State Implementation Plan (SIP) revision 
submitted by the Nevada Department of Environmental Protection (NDEP). 
On September 27, 2010, the EPA redesignated the Las Vegas Valley area 
from nonattainment to attainment for the carbon monoxide (CO) national 
ambient air quality standard (NAAQS) and approved the State's CO 
maintenance plan ensuring the area would maintain the NAAQS for ten 
years through 2020. On June 18, 2019, NDEP submitted to the EPA a 
second 10-year limited maintenance plan for the Las Vegas Valley area 
that addresses maintenance of the CO NAAQS for a second 10-year period 
ending December 31, 2030.

DATES: This rule is effective on November 22, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2021-0242. All documents in the docket are 
listed on the https://www.regulations.gov

[[Page 58580]]

website. Although listed in the index, some information is not publicly 
available, e.g., Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information. If you need assistance in a language other than English or 
if you are a person with disabilities who needs a reasonable 
accommodation at no cost to you, please contact the person identified 
in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: John J. Kelly, Air Planning Office 
(AIR-2), EPA Region IX, (415) 947-4151, [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
III. Final Action
IV. Statutory and Executive Order Reviews

I. Summary of Proposed Action

    On August 2, 2021, under Clean Air Act (CAA or ``Act'') section 
110(k)(3), the EPA proposed to approve the ``Second 10-Year Carbon 
Monoxide Limited Maintenance Plan: Las Valley Maintenance Area, Clark 
County, Nevada (May 2019)'' (``2019 LMP'' or ``Plan'') submitted by 
NDEP on June 18, 2019, as a revision to the Nevada SIP.\1\ In so doing, 
we found that the 2019 LMP adequately demonstrates that the area will 
maintain the CO NAAQS through the end of the second ten-year period of 
the maintenance period. We are taking final action to approve the 2019 
LMP because it meets all applicable requirements under CAA sections 110 
and 175A.
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    \1\ See 86 FR 41416. NDEP submitted the 2019 LMP electronically 
to the EPA on June 18, 2019. NDEP's transmittal letter for the 2019 
LMP is dated June 13, 2019.
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    Specific requirements of LMPs and the rationale for the EPA's 
proposed actions are discussed in the notice of proposed rulemaking and 
will not be restated here. Please see our August 2, 2021 proposed rule 
for background on this action and the rationale for approval of the 
2019 LMP.

II. Public Comments

    Our August 2, 2021 proposed rule provided a 30-day public comment 
period that closed on September 1, 2021. We received no comments on our 
proposed action.

III. Final Action

    The EPA is taking final action to approve the 2019 LMP as a 
revision to the Nevada SIP. The EPA is approving the 2019 LMP for the 
reasons set forth in our August 2, 2021 proposed rule and because the 
Plan is consistent with the requirements of the CAA.

IV. Statutory and Executive Order Reviews

    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, 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. 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 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 this action does 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. 
The Las Vegas Valley CO maintenance area includes areas of Indian 
country of the Las Vegas Tribe of Paiute Indians. In those areas of 
Indian country, the 2019 LMP does not apply, and therefore, this action 
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).

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

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unless to do so would be inconsistent with applicable law or otherwise 
impractical. The EPA believes that this action is not subject to the 
requirements of section 12(d) of the NTTAA because application of those 
requirements would be inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA lacks the discretionary authority to address environmental 
justice in this action.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 21, 2021. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Carbon monoxide, Reporting and 
recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 13, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C 7401 et seq.

Subpart DD--Nevada

0
2. In Sec.  52.1470(e), the table is amended by adding an entry for 
``Second 10-year Carbon Monoxide Limited Maintenance Plan, Las Vegas 
Valley Maintenance Area, Clark County, Nevada (May 2019)'' after the 
entry for ``Resolution of the Clark County Board of Commissioners 
Adopting the Clark County Carbon Monoxide Redesignation Request and 
Maintenance Plan, adopted by the Clark County Board of Commissioners on 
September 2, 2008'' to read as follows.


Sec.  52.1470  Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Nevada Nonregulatory and Quasi-Regulatory Measures
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                                    Applicable
                                  geographic or
     Name of SIP provision        nonattainment      State submittal date    EPA approval date     Explanation
                                  area or title/
                                     subject
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                          Air Quality Implementation Plans for the State of Nevada \1\
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                                                  * * * * * * *
Second 10-year Carbon Monoxide  Las Vegas Valley,  June 18, 2019...........  October 22, 2021,  Fulfills
 Limited Maintenance Plan, Las   Clark County.                                [Insert Federal    requirement for
 Vegas Valley Maintenance                                                     Register           second ten-year
 Area, Clark County, Nevada                                                   citation].         maintenance
 (May 2019).                                                                                     plan.
 
                                                  * * * * * * *
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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. 2021-22714 Filed 10-21-21; 8:45 am]
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