[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Rules and Regulations]
[Pages 68057-68060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23345]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0131; FRL-9739-02-R9]


Clean Air Plans; Base Year Emissions Inventories for the 2015 
Ozone Standards; Nevada; Clark County, Las Vegas Valley

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, under 
the Clean Air Act (CAA or ``Act''), revisions to the Nevada state 
implementation plan (SIP) concerning the base year emissions inventory 
requirements for the Las Vegas Valley ozone nonattainment area for the 
2015 ozone national ambient air quality standards (NAAQS or 
``standards'').

DATES: This rule is effective December 15, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0131. 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: Lindsay Wickersham, Air Planning 
Office (AIR-2), EPA Region IX, (415) 947-4192, 
[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
    A. Comment Summary
    B. EPA Response
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On October 15, 2020, the Nevada Department of Environmental 
Protection (NDEP) submitted a revision to the Nevada SIP titled, 
``Revision to the Nevada State Implementation Plan for the 2015 Ozone 
NAAQS: Emissions Inventory and Emissions Statement Requirements'' 
(``2020 Clark County EI''). The 2020 Clark County EI submittal includes 
a 2017 base year emissions inventory for the Las Vegas Valley 
nonattainment area and supporting documentation regarding the 
development of the inventory, developed by the Clark County Department 
of Environment and Sustainability (CCDES). CCDES provided supplementary 
information to the 2020 Clark County EI on February 10, 2022, February 
14, 2022, and March 30, 2022, to address comments and questions raised 
by the EPA on receipt of CCDES's prior submittal. Together these three 
supplementary exchanges are known as the ``2020 Clark County SI.''
    On June 13, 2022, the EPA proposed to approve the 2020 Clark County 
EI and the 2020 Clark County SI as meeting the ozone-related base year 
emissions inventory requirement for the Las Vegas Valley ozone 
nonattainment area for the 2015 ozone NAAQS.\1\ Our June 13, 2022 
proposed rule also discussed the following: background on the 2015 
ozone NAAQS; an overview of the base year emissions inventory 
requirements for the 2015 ozone NAAQS under sections 172(c)(3) and 
182(a)(1) of the CAA and under the EPA's implementing regulations for 
the 2015 ozone NAAQS at 40 CFR 51.1315; an overview of NDEP's SIP 
revisions submitted to meet the ozone base year emissions inventory 
requirement for the Las Vegas Valley nonattainment area; a discussion 
of the

[[Page 68058]]

public notice and hearing procedures conducted by NDEP to meet the 
requirements of CAA sections 110(a)(1) and 110(l) and 40 CFR 51.102; 
and our evaluation of NDEP's SIP submittals.
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    \1\ 87 FR 35705.
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II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period 
that ended on July 13, 2022. During this period, we received one 
comment on our proposed rulemaking submitted from a private 
individual.\2\ This comment is available in the docket for this 
rulemaking.\3\
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    \2\ Comment dated June 13, 2022, from Richard Spotts.
    \3\ Comments are publicly available at https://www.regulations.gov/docket/EPA-R09-OAR-2022-0131/comments.
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A. Comment Summary

    The comment letter from a private individual expresses concern that 
increased combustion of fossil fuels in Clark County is largely 
responsible for the area's worsening air quality in recent years. The 
commentor also expresses concern that Congressional legislation may 
result in the sale of federal lands in Clark County, promoting urban 
sprawl, and thus increased combustion of fossil fuels. The commentor 
emphasizes a need for this additional sprawl to be factored into 
Nevada's calculations of a ``safe level of ozone emissions'' and 
``believe(s) that the likelihood of continued urban sprawl in the 
county should be relevant to the accuracy and credibility of these 
calculations.'' \4\ Finally, the commenter states their belief that 
this urban sprawl will slow the transition away from fossil fuels and 
towards clean renewable energy sources.
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    \4\ Id.
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B. EPA Response

    The EPA appreciates the commenter's concern about how potential 
changes in the Las Vegas Valley nonattainment area (NAA) may lead to 
increased combustion of fossil fuels in the NAA. As discussed in the 
proposed notice, emissions inventories are an estimation of actual 
emissions of air pollutants within the NAA that are currently typical 
of an ozone season day.\5\ Base year emissions inventories, such as the 
2020 Clark County EI are, ``the starting point from which other SIP-
related inventories are derived'' and ``provides a way for decision 
makers to consider the sources of emissions that contribute to relevant 
pollutants and consider emission reduction strategies needed for the 
SIP.'' \6\ As such, emissions inventories provide emissions data that 
inform a variety of a state's air quality planning tasks, and represent 
a required element under the CAA for areas that are not attaining the 
NAAQS established by the EPA. The 2020 Clark County EI was submitted to 
comply with the emissions inventory requirements for ``Marginal'' 
nonattainment areas for the 2015 ozone standard.\7\ Thus this emissions 
inventory is not intended for use in developing a ``safe level of 
emissions'' but rather to characterize emissions in the base year as 
required under the CAA.\8\ The base year emissions inventory is for a 
year in the recent past; it does not include the effects of future 
growth. Instead, it represents emissions at a snapshot in time. The 
emissions inventory in the 2020 Clark County EI represents the typical 
ozone season day emissions from 2017 within the existing nonattainment 
area boundary and does not consider future urban growth nor future 
emissions.
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    \5\ EPA, Emissions Inventory Guidance for Implementation of 
Ozone and Particulate Matter National Ambient Air Quality Standards 
(NAAQS) and Regional Haze Regulations, May 2017, Section 2.5.2, 
Section 3.3.
    \6\ Id. Section 3.3.
    \7\ 80 FR 65292.
    \8\ CAA Section 182(a)(1).
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    The commentor seems to suggest that air quality in the Las Vegas 
Valley NAA has worsened in recent years. Although not directly relevant 
to whether it is appropriate for EPA to approve the SIP revision at 
issue in this action, we note that although the 2018 design value (DV) 
was higher than the 2017 DV, the 2019, 2020, and 2021 DVs remained at 
or below the 2017 DV of 0.074 ppm.\9\ While some fluctuations in DVs 
have occurred, the last 5 years of DVs do not indicate a trend of 
worsening ozone air quality in the NAA.
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    \9\ The Las Vegas Valley 8-hour ozone DVs for 2017, 2018, 2019, 
2020, and 2021 were 0.074 parts per million (ppm), 0.076 ppm, 0.073 
ppm, 0.074 ppm, and 0.073 ppm respectively. EPA, Ozone Design Value 
Reports, https://www.epa.gov/air-trends/air-quality-design-values.
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    As noted, this action only concerns approval of the emissions 
inventory submitted for the Las Vegas Valley NAA for the 2015 ozone 
NAAQS. Although not directly relevant to whether such a SIP revision is 
appropriately approved by the EPA, the Agency notes that on July 22, 
2022, the EPA proposed to reclassify the Las Vegas Valley NAA as 
``Moderate'' for the 2015 ozone NAAQS.\10\ If finalized, Clark County 
will be required to submit a Moderate plan which provides for, ``such 
specific annual reductions in emissions . . . . as necessary to attain 
the primary NAAQS by the attainment date applicable under this act.'' 
\11\ Future growth within the NAA and potential growth of emissions 
will be projected and accounted for in this demonstration of 
attainment. The demonstration of attainment will include motor vehicle 
emissions budgets (``budgets''), which represent the levels of nitrogen 
oxides (NOX) and volatile organic compound (VOC) emissions 
from motor vehicles in the 2023 attainment year that are consistent 
with attaining the 2015 ozone NAAQS. After the budgets are either found 
adequate or are approved by the EPA, they will be used by the 
metropolitan planning organization (MPO) for the Las Vegas Valley NAA 
in future transportation conformity determinations. When the MPO makes 
transportation conformity determinations, it must project on-road 
emissions of NOX and VOCs through the last year of the MPO's 
transportation plan, which is at least 20 years into the future, and 
demonstrate that the projected emissions are less than or equal to the 
budgets.\12\ This will show that even if there is increased travel 
within the Las Vegas Valley NAA in the future, emissions of 
NOX and VOCs will not increase above levels that are 
consistent with attaining the 2015 ozone NAAQS.
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    \10\ 87 FR 43764 (July 22, 2022).
    \11\ CAA Section 182(b)(1).
    \12\ 40 CFR 93.106(a)(1)(iv) and 40 CFR 93.118(a).
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    Based on our review of the 2020 Clark County EI, we have determined 
that the submitted emissions inventory adequately addresses all 
emission sources within the Las Vegas Valley NAA as of the submission 
date of October 15, 2020. Any future new or expanded emissions source 
within the NAA will be subject to control mandates as outlined in the 
CAA.\13\ For example, as a Marginal nonattainment area, the New Source 
Review Program will ensure all new and modified major sources in the 
NAA will offset emissions at a ratio of 1 to 1.1.\14\ Additionally, all 
major sources within the NAA will be required to report annual 
emissions, and these emissions will be included in future modeling and 
attainment calculations related to the Las Vegas Valley NAA.\15\
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    \13\ CAA Section 182(a)(2)(C), 182(a)(3)(B).
    \14\ CAA Section 182(a)(4).
    \15\ CAA Section 182(a)(3)(b).
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    For these reasons, we have determined that the 2020 Clark County EI 
meets the statutory and regulatory requirements for emission 
inventories. Control mandates and planning requirements for Marginal 
areas are adequate to ensure that any new sources within the NAA are 
accounted for in

[[Page 68059]]

future emissions estimates and modeling.\16\
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    \16\ CAA Section 182(a).
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III. EPA Action

    For the reasons described in our June 13, 2022 proposed action, we 
are taking final action to approve the 2020 Clark County EI as meeting 
the base year emissions inventory requirement for the Las Vegas Valley 
ozone nonattainment areas for the 2015 ozone NAAQS. The emissions 
inventory in the 2020 Clark County EI submittal and additional 
information collected in the 2020 Clark County SI contains 
comprehensive, accurate, and current inventories of actual emissions 
for all relevant sources in accordance with CAA sections 172(c)(3) and 
182(a).

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 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); 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.
    The state did not evaluate environmental justice considerations as 
part of its SIP submittal. There is no information in the record 
inconsistent with the stated goals of Executive Order 12898 of 
achieving environmental justice for people of color, low-income 
populations, and indigenous peoples.
    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 have areas of Indian 
country located within the Las Vegas Valley nonattainment area for the 
2015 ozone NAAQS. In those areas of Indian country, this final 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 January 13, 2023. 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, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: October 19, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends 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(e), amend the table under the heading ``AIR QUALITY 
IMPLEMENTATION PLAN FOR THE STATE OF NEVADA,'' by adding an entry for 
``Revision to 2015 Eight-Hour Ozone Plan, Emissions Inventory 
Requirement for the Las Vegas Valley Nonattainment Area, Clark County, 
NV (October 15, 2020)'' before the entry for ``PM-10 State 
Implementation Plan for Clark County, June 2001'' to read as follows:


Sec.  52.1470   Identification of plan.

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    (e) * * *

[[Page 68060]]



                       EPA-Approved Nonregulatory Provisions 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 Nevada 2015 Eight-   Las Vegas Valley,       10/15/2020  11/14/2022,         Adopted by the Clark
 Hour Ozone Plan, Emissions       Clark County.                       [INSERT FEDERAL     County Board of County
 Inventory Requirement for the                                        REGISTER            Commissioners on
 Las Vegas Valley Nonattainment                                       CITATION].          September 1, 2020.
 Area, Clark County, NV                                                                   Submitted by NDEP
 (October 15, 2020).                                                                      electronically on
                                                                                          October 15, 2020, as
                                                                                          an attachment to a
                                                                                          letter dated October
                                                                                          8, 2020. Approval of
                                                                                          the Base-Year
                                                                                          Emissions Inventory
                                                                                          for the 2015 Eight
                                                                                          Hour 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).

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[FR Doc. 2022-23345 Filed 11-10-22; 8:45 am]
BILLING CODE 6560-50-P


