[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Rules and Regulations]
[Pages 59643-59646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23377]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0368; FRL-8716-02-R9]


Air Plan Approval; Nevada; Revisions to Clark County Ozone 
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 revision to the State of Nevada's state 
implementation plan (SIP) for Clark County. The revision consists of an 
update to certain elements of the maintenance plan for the Clark County 
air quality planning area for the 1997 8-hour ozone national ambient 
air quality standards (NAAQS or ``standards''), including certain 
emissions inventories and motor vehicle emissions budgets. The EPA is 
approving the SIP revision because the Clark County ozone maintenance 
plan, as revised, continues to provide for maintenance of the 1997 
ozone NAAQS and will not interfere with attainment or reasonable 
further progress of the other NAAQS, and the motor vehicle emissions 
budgets meet the applicable transportation conformity requirements.

DATES: This rule will be effective on November 29, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2021-0368. 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 materials, 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: Karina O'Connor, Air Planning Office 
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105; 
By phone: (775) 434-8176 or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' refer to the EPA.

Table of Contents

I. Summary of the Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Summary of the Proposed Action

    On August 9, 2021 (86 FR 43461), under section 110(k) of the Clean 
Air Act (``Act'' or CAA), the EPA proposed to approve a SIP revision 
titled ``Revision to Motor Vehicle Emissions Budgets for the 1997 Ozone 
NAAQS, Clark County, Nevada'' (August 2020) (herein referred to as the 
``2020 Ozone Maintenance Plan Revision''), submitted by the Nevada 
Division of Environmental Protection (NDEP) on September 30, 2020.\1\ 
The 2020 Ozone Maintenance Plan Revision updates certain elements of 
the maintenance plan for Clark County for the 1997 ozone NAAQS, 
including certain emissions inventories and the motor vehicle emissions 
budgets (``budgets'' or MVEBs). The 2020 Ozone Maintenance Plan 
Revision was prepared in response to the EPA's conditional approval of 
the ``Revision to Motor Vehicle Emissions Budgets in Ozone 
Redesignation Request and Maintenance Plan: Clark County, Nevada'' 
(October 2018) (herein referred to as the ``2018 Ozone Maintenance Plan 
Revision'').\2\ The

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2020 Ozone Maintenance Plan Revision revises certain budgets from the 
2018 Ozone Maintenance Plan Revision to prevent interference with 
reasonable further progress or attainment of the 2008 and 2015 ozone 
NAAQS.\3\
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    \1\ NDEP submitted the 2020 Ozone Maintenance Plan Revision 
electronically on September 30, 2020, as an attachment to a 
transmittal letter dated September 25, 2020.
    \2\ 84 FR 44699 (August 27, 2019).
    \3\ The 2018 Ozone Maintenance Plan Revision includes revisions 
to the attainment inventory, the maintenance demonstration, and 
budgets in the ``Ozone Redesignation Request and Maintenance Plan, 
Clark County, Nevada (March 2011)'' (herein referred to as the 
``2011 Ozone Maintenance Plan'') to reflect updated emissions 
models, vehicle mix and speed data, and transportation activity 
projections.
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    As noted above, the 2020 Ozone Maintenance Plan Revision includes 
certain updated emissions inventories. In our August 9, 2021 proposed 
rule, we describe our evaluation of the updated inventories and 
conclude that, based on our review of the methods, assumptions, and 
data sources, the Clark County Department of Environment and 
Sustainability's estimates for 2017 and 2022 for the various source 
categories are based on the best available emissions models and data 
sources, and thus provide a reasonable basis upon which to evaluate 
whether the area will continue to maintain the 1997 ozone NAAQS through 
2022 and whether the revised budgets for 2022 in the 2020 Ozone 
Maintenance Plan Revision would interfere with reasonable further 
progress (RFP) or attainment of the 2008 and 2015 ozone NAAQS.\4\
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    \4\ See 86 FR 43464-43466 (August 9, 2021 proposed rule).
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    In our August 9, 2021 proposed rule, we also describe our review of 
the revised budgets for year 2022 in the 2020 Ozone Maintenance Plan 
Revision and conclude that they are consistent with the revised 
maintenance demonstration from the 2018 Ozone Maintenance Plan 
Revision; are based on control measures that have already been adopted 
and implemented; and meet all other applicable statutory and regulatory 
requirements including the adequacy criteria in 40 CFR 93.1118(e)(4) 
and (5).\5\
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    \5\ See 86 FR 43466-43467 (August 9, 2021 proposed rule).
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    Lastly, in our August 9, 2021 proposed rule, we describe our review 
the 2020 Ozone Maintenance Plan Revision for possible interference with 
RFP or attainment with respect to the 2008 and 2015 ozone NAAQS in 
Clark County. In short, because the updated emissions inventories of 
ozone precursor emissions for 2022, including the revised budgets and 
related safety margins, would be less than the corresponding emissions 
inventories for year 2017, we conclude in our proposed rule that the 
2020 Ozone Maintenance Plan Revision would not interfere with RFP or 
attainment for the 2008 and 2015 ozone NAAQS in Clark County and thus 
would be consistent with the requirements for SIP revisions under CAA 
section 110(l).\6\
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    \6\ See 86 FR 43467-43468 (August 9, 2021 proposed rule).
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    For more information on the background for this action, including a 
description of the ozone NAAQS, the ozone area designations for Clark 
County, the 2011 Ozone Maintenance Plan and 2018 Ozone Maintenance Plan 
Revision, and the rationale for approval of the 2020 Ozone Maintenance 
Plan Revision, please see our August 9, 2021 proposed rule.

II. Public Comments

    The public comment period for the EPA's August 9, 2021 proposed 
rule closed on September 8, 2021. The EPA did not receive any public 
comments.

III. Final Action

    For the reasons discussed in our August 9, 2021 proposed rule and 
summarized herein, the EPA is taking final action under CAA section 
110(k)(3) to approve the 2020 Ozone Maintenance Plan Revision submitted 
by NDEP on September 30, 2020, as a revision to the Clark County 
portion of the Nevada SIP. We are approving the 2020 Ozone Maintenance 
Plan Revision because we find that the 2011 Ozone Maintenance Plan, as 
revised by the 2018 Ozone Maintenance Plan Revision, and as further 
revised by the 2020 Ozone Maintenance Plan Revision, continues to 
provide for maintenance of the 1997 ozone NAAQS and will not interfere 
with RFP or attainment of the other NAAQS in Clark County.
    In approving the 2020 Ozone Maintenance Plan Revision, the EPA is 
also finding adequate and approving the updated budgets for oxides of 
nitrogen (NOX) and volatile organic compounds (VOC) for 2022 
for the 1997 ozone NAAQS (shown in Table 1) based on our conclusion 
that the updated budgets meet the applicable transportation conformity 
and other CAA requirements.

  Table 1--Clark County Year 2022 Ozone Motor Vehicle Emission Budgets
               [County-wide, average summer weekday, tpd]
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                                                          2020 Ozone
                                                       maintenance plan
                        Year                               revision
                                                     -------------------
                                                         NOX       VOC
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2022................................................    32.16     23.92
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Source: 2020 Ozone Maintenance Plan Revision, Table 3-1.

    The revised budgets in Table 1 replace Clark County's existing 
budgets for the plan horizon year (2022) for the 1997 ozone NAAQS from 
the 2018 Ozone Maintenance Plan Revision.\7\ The Regional 
Transportation Commission of Southern Nevada and U.S. Department of 
Transportation must use the revised budgets for future transportation 
conformity determinations for the 2015 ozone NAAQS until motor vehicle 
emissions budgets for that ozone NAAQS are found adequate or are 
approved.\8\
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    \7\ 40 CFR 93.118(f)(2)(iii).
    \8\ As noted in the proposed rule, through this action, we are 
removing the conditional approval regulatory text found at 40 CFR 
52.1475(a).
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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 a state plan 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

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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
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    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. The Las Vegas Tribe of 
Paiute Indians of the Las Vegas Indian Colony has areas of Indian 
country geographically located within the Clark County 1997 ozone 
maintenance area. In those areas of Indian country, the 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 27, 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 regulations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: October 20, 2021.
Deborah Jordan,
Acting Regional Administrator, EPA 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. Section 52.1470 is amended in the table in paragraph (e) by adding 
an entry for ``Revision to Motor Vehicle Emissions Budgets for the 1997 
Ozone NAAQS, Clark County, Nevada (August 2020)'' after the entry for 
``Revision to Motor Vehicle Emissions Budgets in Ozone Redesignation 
Request and Maintenance Plan: Clark County, Nevada (October 2018)'' to 
read as follows:


Sec.  52.1470   Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Nevada Nonregulatory and Quasi-Regulatory Measures
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                                        Applicable
      Name of SIP provision           geographic or          State       EPA approval date       Explanation
                                    nonattainment area  submittal date
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                           Air Quality Implementation Plan for the State of Nevada \1\
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                                                  * * * * * * *
Revision to Motor Vehicle          Clark County,               9/30/20  [INSERT Federal      Submitted by NDEP
 Emissions Budgets for the 1997     Nevada: That                         Register             electronically on
 Ozone NAAQS, Clark County,         portion of Clark                     CITATION], 10/28/    September 30,
 Nevada (August 2020).              County that lies                     21.                  2020, as an
                                    in hydrogeographic                                        attachment to a
                                    areas 164A, 164B,                                         letter dated
                                    165, 166, 167,                                            September 25,
                                    212, 213, 214,                                            2020. Approval of
                                    216, 217, and 218,                                        the 2020 Ozone
                                    but excluding the                                         Maintenance Plan
                                    Moapa River Indian                                        Revision removes
                                    Reservation and                                           the condition
                                    the Fort Mohave                                           placed on the
                                    Indian Reservation.                                       approval of the
                                                                                              2018 Ozone
                                                                                              Maintenance Plan
                                                                                              Revision.
 
                                                  * * * * * * *
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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).


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Sec.  52.1475   [Removed and Reserved]

0
3. Section 52.1475 is removed and reserved.

[FR Doc. 2021-23377 Filed 10-27-21; 8:45 am]
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