[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Rules and Regulations]
[Pages 30423-30425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10550]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0106; FRL-9527-01-R9]


Air Plan Approval; Nevada; Clark County Department of Environment 
and Sustainability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Clark County Department of 
Environment and Sustainability (DES) portion of the Nevada State 
Implementation Plan (SIP). These revisions concern the title change of 
the Clark County Department of Air Quality to the Department of 
Environment and Sustainability.

DATES: These rules will be effective on June 21, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0106. 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 contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4125 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. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On February 22, 2022 (87 FR 9475), the EPA proposed to approve the 
following rules into the Nevada SIP.

----------------------------------------------------------------------------------------------------------------
       Local agency                  Rule No.                  Rule title             Amended        Submitted
----------------------------------------------------------------------------------------------------------------
DES.......................  Section 2................  Procedures for Adoption           1/21/20         3/16/20
                                                        and Revision of
                                                        Regulations and for
                                                        Inclusion of those
                                                        Regulations in the State
                                                        Implementation Plan.
DES.......................  Section 33...............  Chlorine in Chemical              1/21/20         3/16/20
                                                        Processes.
DES.......................  Section 41...............  Fugitive Dust............         1/21/20         3/16/20
DES.......................  Section 53...............  Oxygenated Gasoline               1/21/20         3/16/20
                                                        Program.
DES.......................  Section 90...............  Fugitive Dust from Open           1/21/20         3/16/20
                                                        Areas and Vacant Lots.
DES.......................  Section 93...............  Fugitive Dust from Paved          1/21/20         3/16/20
                                                        Roads and Street
                                                        Sweeping Equipment.
DES.......................  Section 94...............  Permitting and Dust               1/21/20         3/16/20
                                                        Control for Construction
                                                        Activities.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they 
comply with the relevant CAA requirements. Our proposed action contains 
more information on the rules 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 no adverse comments. We received one 
comment that did not object to the proposed action but expressed 
concerns about regional haze and air quality in Clark County. We do not 
consider the comment to be relevant to the specifics

[[Page 30424]]

of this action and therefore we will not be responding to it.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving these rules 
into the Nevada SIP. The January 21, 2020 version of Rules 2, 33, 41, 
53, 90, 93, and 94 will replace the previously approved version of 
these rules in the SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the DES 
rules listed in Section I of this preamble and set forth below in the 
amendments to 40 CFR part 52. These DES rules concern the title change 
of the Clark County Department of Air Quality to the Department of 
Environment and Sustainability. Therefore, these materials have been 
approved by the EPA for inclusion in the SIP, have been incorporated by 
reference by the EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of the EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\1\ The EPA has 
made, and will continue to make, these documents available through 
www.regulations.gov and at the EPA Region IX Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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V. 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 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
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable 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. 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).
    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 July 18, 2022. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur Oxides, Volatile organic compounds.

    Dated: May 11, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart DD--Nevada

0
2. In Sec.  52.1470, in paragraph (c). amend Table 3 by
0
a. Adding an entry for ``Section 2'' after the entry for ``Section 2: 
Subsections 2.1, 2.2, and 2.3'' and;
0
b. Revising the entries for ``Section 33,'' ``Section 41,'' ``Section 
53,'' ``Section 90,'' ``Section 93,'' and ``Section 94''''.
    The additions and revisions read as follows:


Sec.  52.1470   Identification of plan.

* * * * *
    (c) * * *

[[Page 30425]]



                                 Table 3--EPA-Approved Clark County Regulations
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                                                        County
      County citation             Title/subject       effective      EPA approval date    Additional explanation
                                                         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 2..................  Procedures for             1/21/20   [INSERT Federal         Submitted on March 16,
                              Adoption and Revision                Register CITATION], 5/  2020 as an attachment
                              of Regulations and                   19/22.                  to a letter dated
                              for Inclusion of                                             March 13, 2020.
                              those Regulations in
                              the State
                              Implementation Plan.
 
                                                  * * * * * * *
Section 33.................  Chlorine in Chemical       1/21/20   [INSERT Federal         Submitted on March 16,
                              Processes.                           Register CITATION], 5/  2020 as an attachment
                                                                   19/22.                  to a letter dated
                                                                                           March 13, 2020. See
                                                                                           also clarification at
                                                                                           69 FR 54006 (9/7/04).
Section 41.................  Fugitive Dust.........     1/21/20   [INSERT Federal         Submitted on March 16,
                                                                   Register CITATION], 5/  2020 as an attachment
                                                                   19/22.                  to a letter dated
                                                                                           March 13, 2020.
 
                                                  * * * * * * *
Section 53.................  Oxygenated Gasoline        1/21/20   [INSERT Federal         Submitted on March 16,
                              Program.                             Register CITATION], 5/  2020 as an attachment
                                                                   19/22.                  to a letter dated
                                                                                           March 13, 2020.
 
                                                  * * * * * * *
Section 90.................  Fugitive Dust from         1/21/20   [INSERT Federal         Submitted on March 16,
                              Open Areas and Vacant                Register CITATION], 5/  2020 as an attachment
                              Lots.                                19/22.                  to a letter dated
                                                                                           March 13, 2020.
 
                                                  * * * * * * *
Section 93.................  Fugitive Dust from         1/21/20   [INSERT Federal         Submitted on March 16,
                              Paved Roads & Street                 Register CITATION], 5/  2020 as an attachment
                              Sweeping Equipment.                  19/22.                  to a letter dated
                                                                                           March 13, 2020.
Section 94.................  Permitting & Dust          1/21/20   [INSERT Federal         Submitted on March 16,
                              Control for                          Register CITATION], 5/  2020 as an attachment
                              Construction                         19/22.                  to a letter dated
                              Activities.                                                  March 13, 2020.
 
                                                  * * * * * * *
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[FR Doc. 2022-10550 Filed 5-18-22; 8:45 am]
BILLING CODE 6560-50-P


