60078 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 

1 In our proposed approval, EPA stated that 

‘‘SLAMS data for 2014 are not yet available . . . but 

will be reviewed prior to final action to ensure that 

they are consistent with continued attainment.’’ 79 

FR at 42263. We have now reviewed 2014 data, 

submitted to AQS as of September 12, 2014, and 

have found it to be consistent with continued 

attainment. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2013–0735; FRL–9917–23– 

Region 9] 

Approval of Implementation Plans and 

Designation of Areas for Air Quality 

Planning Purposes; Las Vegas Valley, 

Nevada; Redesignation to Attainment 

for PM10

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the Nevada state 

implementation plan that provides for 

the maintenance of the national ambient 

air quality standard for particulate 

matter with an aerodynamic diameter 

less than or equal to a nominal ten 

micrometers (PM10) in Las Vegas Valley 

for the next ten years and to approve the 

related motor vehicle emissions 

budgets. Based in part on the approval 

of the PM10 maintenance plan, EPA is 

also taking final action to grant the State 

of Nevada’s request for redesignation of 

Las Vegas Valley to attainment for the 

PM10 standard. Consistent with the 

assumptions of the maintenance plan, 

EPA is approving revisions to certain 

local fugitive dust rules to ensure their 

continued applicability after 

redesignation of the area to attainment. 

Lastly, EPA is taking final action to 

delete the area designation for Las Vegas 

Valley for the revoked national standard 

for total suspended particulate because 

the designation is no longer necessary. 

DATES: This rule is effective on 

November 5, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R09–OAR–2013–0735. 

Generally, documents in the docket for 

this action are available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., confidential business information 

or ‘‘CBI’’). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Karina O’Connor, Air Planning Office 

(AIR–2), U.S. Environmental Protection 

Agency, Region IX, (775) 434–8176, 

oconnor.karina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This 

SUPPLEMENTARY INFORMATION section is 

arranged as follows: 

Table of Contents 

I. Proposed Actions 

II. Public Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Actions 

On July 21, 2014 (79 FR 42258), under 

Clean Air Act (CAA or ‘‘Act’’) section 

110(k)(3), EPA proposed to approve a 

submittal from the Nevada Division of 

Environmental Protection (NDEP) dated 

September 7, 2012 of the Redesignation 

Request and Maintenance Plan for 

Particulate Matter (PM10), Clark County, 

Nevada (August 2012) (‘‘Las Vegas 

Valley PM10 Maintenance Plan’’) as a 

revision to the Nevada state 

implementation plan (SIP). In so doing, 

we found that the Las Vegas Valley 

PM10 Maintenance Plan adequately 

demonstrates that the area will maintain 

the PM10 national ambient air quality 

standard (NAAQS or ‘‘standard’’) for 10 

years beyond redesignation and 

includes sufficient contingency 

provisions to promptly correct any 

violation of the PM10 standard which 

occurs after redesignation and thereby 

meets the requirements for maintenance 

plans under CAA section 175A. We also 

proposed to approve the motor vehicle 

emissions budgets (MVEBs) in the Las 

Vegas Valley PM10 Maintenance Plan 

because we found they meet the 

applicable transportation conformity 

requirements under 40 CFR 93.118(e). 

In our July 21, 2014 proposed rule, 

under CAA section 107(d)(3)(D), we 

proposed to grant NDEP’s request to 

redesignate the Las Vegas Valley PM10

nonattainment area from 

‘‘nonattainment’’ to ‘‘attainment’’ for the 

PM10 standard. We proposed to do so 

based on our conclusion that the Las 

Vegas Valley has attained the PM10

standard; 1 that the relevant portions of 

the Nevada SIP are fully approved; that 

the improvement in air quality is due to 

permanent and enforceable emissions 

reductions; that the State of Nevada has 

met all of the requirements applicable to 

the Las Vegas Valley PM10

nonattainment area with respect to 

section 110 and part D of the CAA; and, 

based on our proposed approval as 

described above, that the Las Vegas 

Valley PM10 Maintenance Plan meets 

the requirements for maintenance plans 

under section 175A of the CAA; and 

that, therefore, the State of Nevada has 

met the criteria for redesignation under 

CAA section 107(d)(3)(E) for the Las 

Vegas Valley PM10 nonattainment area. 

Next, we proposed to approve certain 

fugitive dust rules (i.e., Clark County 

Air Quality Regulations sections 41, and 

90 through 93) that Clark County has 

amended to ensure their continued 

applicability after the area is 

redesignated to attainment and that 

NDEP submitted to us (on May 27, 2014) 

as a revision to the Nevada SIP. 

Lastly, we proposed to delete the area 

designation for Las Vegas Valley for the 

revoked NAAQS for total suspended 

particulate. 

Please see our July 21, 2014 proposed 

rule for a detailed discussion of the 

background for these actions, and the 

rationale for approval of the Las Vegas 

Valley PM10 Maintenance Plan, for 

granting NDEP’s request for 

redesignation of Las Vegas Valley to 

attainment, for approving Clark 

County’s amended fugitive dust rules, 

and for deleting the TSP designation for 

Las Vegas Valley. 

II. Public Comments 

Our July 21, 2014 proposed rule 

provided a 30-day public comment 

period, which closed on August 20, 

2014. We received no comments on our 

proposal during this period. 

III. Final Action 

Under CAA section 110(k)(3), and for 

the reasons set forth in our July 21, 2014 

proposed rule, EPA is taking final action 

to approve NDEP’s submittal dated 

September 7, 2012 of the Redesignation 

Request and Maintenance Plan for 

Particulate Matter (PM10), Clark County, 

Nevada (August 2012) (‘‘Las Vegas 

Valley PM10 Maintenance Plan’’) as a 

revision to the Nevada SIP. EPA finds 

that the maintenance demonstration 

showing how the area will continue to 

attain the 24-hour PM10 NAAQS for 10 

years beyond redesignation, and the 

contingency provisions describing the 

actions that Clark County will take in 

the event of a future monitored 

violation, meet all applicable 

requirements for maintenance plans and 

related contingency provisions in CAA 

section 175A. EPA is also finding 

adequate and approving the motor 

vehicle emissions budgets in the Las 

Vegas Valley PM10 Maintenance Plan 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 60079 

2Approval of Clark County amended sections 41, 

and 90 through 93 will supersede the following 

existing rules in the applicable Nevada SIP: Section 

41 as approved at 46 FR 43141 (August 27, 1981); 

section 90 as approved at 71 FR 63250 (October 30, 

2006); section 91 as approved at 69 FR 32272 (June 

9, 2004); section 92 as approved at 71 FR 63250 

(October 30, 2006); and section 93 as approved at 

71 FR 63250 (October 30, 2006). 

(i.e., 141.14 tons per day in 2008, 2015, 

and 2023) because we find they meet 

the applicable transportation conformity 

requirements under 40 CFR 93.118(e). 

Second, under CAA section 

107(d)(3)(D), we are taking final action 

to grant NDEP’s request, which 

accompanied the submittal of the 

maintenance plan, to redesignate the 

Las Vegas Valley PM10 nonattainment 

area to attainment for the 24-hour PM10

NAAQS. We are doing so based on our 

conclusion that the area has met the five 

criteria for redesignation under CAA 

section 107(d)(3)(E). Our conclusion in 

this regard is in turn based on our 

determination that the area has attained 

the 24-hour PM10 NAAQS, that relevant 

portions of the Nevada SIP are fully 

approved, that the improvement in air 

quality is due to permanent and 

enforceable reductions in emissions, 

that Nevada has met all requirements 

applicable to the Las Vegas Valley PM10

nonattainment area with respect to 

section 110 and part D of the CAA, and 

based on our approval as part of this 

action of the Las Vegas Valley PM10

Maintenance Plan. Our determination 

that the area has attained the 24-hour 

PM10 NAAQS is based in part on our 

concurrence with Clark County DAQ 

that the exceedances monitored in Las 

Vegas Valley on July 3, 2011 were 

caused by a high wind exceptional 

event and our related exclusion of the 

exceedances from the attainment 

determination. 

Third, EPA is taking final action to 

approve revisions to Clark County 

fugitive dust rules sections 41, and 90 

through 93 that were submitted on May 

27, 2014 as a revision to the Nevada SIP 

because we find that they ensure 

continued implementation of the rules 

after redesignation of Las Vegas Valley 

to attainment and because they meet all 

other applicable requirements.2

Lastly, EPA is taking final action to 

delete the area designation for Las Vegas 

Valley for the revoked national standard 

for total suspended particulate because 

the designation is no longer necessary. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by State law. Redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, 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, these 

actions merely approve a State plan and 

redesignation request as meeting 

Federal requirements and do not impose 

additional requirements beyond those 

by State law. For these reasons, these 

actions: 

• Are not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and Executive Order 

13563 (76 FR 3821, January 21, 2011); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are 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 CAA; and 

• Do not provide 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, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. Nonetheless, EPA has 

discussed the action with the one Tribe, 

the Las Vegas Paiute Tribe, located 

within the Las Vegas Valley PM10

nonattainment area. 

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. 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 5, 2014. 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 


tkelley on DSK3SPTVN1PROD with RULES
60080 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 

Dated: September 17, 2014. 

Jared Blumenfeld, 

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 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart DD—Nevada 

■ 2. Section 52.1470 is amended: 

■ a. In paragraph (c), Table 3, by 

revising the entries for ‘‘Section 41: 

Subsections 41.1–41.4,’’ ‘‘Section 90,’’ 

‘‘Section 91,’’ ‘‘Section 92,’’ and 

‘‘Section 93’’; and 

■ b. By adding in paragraph (e), under 

the table heading ‘‘Air Quality 

Implementation Plan for the State of 

Nevada’’ an entry for ‘‘Redesignation 

Request and Maintenance Plan for 

Particulate Matter (PM10), Clark County, 

Nevada (August 2012)’’ after the entry 

for ‘‘Pages 4–125 and 4–126 and 

appendix R (of the PM–10 State 

Implementation Plan for Clark 

County).’’ 

The revisions and additions read as 

follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 3—EPA-APPROVED CLARK COUNTY REGULATIONS

County citation Title/Subject County 

effective date EPA Approval date Additional explanation 

*******

Section 41 .............. Fugitive Dust .......................................... 4/29/14 [Insert Federal 

Register citation], 

10/6/14.

Adopted by Clark County on April 15, 

2014 and submitted by NDEP on May 

27, 2014. 

*******

Section 90 .............. Fugitive Dust from Open Areas and Vacant Lots.4/29/14 [Insert Federal 

Register citation], 

10/6/14.

Adopted by Clark County on April 15, 

2014 and submitted by NDEP on May 

27, 2014. 

Section 91 .............. Fugitive Dust from Unpaved Roads, Unpaved Alleys, and Unpaved Easement Roads.4/29/14 [Insert Federal 

Register citation], 

10/6/14.

Adopted by Clark County on April 15, 

2014 and submitted by NDEP on May 

27, 2014. 

Section 92 .............. Fugitive Dust from Unpaved Parking 

Lots, Material Handling & Storage 

Yards, & Vehicle & Equipment Storage Yards.

4/29/14 [Insert Federal 

Register citation], 

10/6/14.

Adopted by Clark County on April 15, 

2014 and submitted by NDEP on May 

27, 2014. 

Section 93 .............. Fugitive Dust from Paved Roads & 

Street Sweeping Equipment.

4/29/14 [Insert Federal 

Register citation], 

10/6/14.

Adopted by Clark County on April 15, 

2014 and submitted by NDEP on May 

27, 2014. 

*******

* * * * * (e) * * * 

EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision 

Applicable 

geographic or nonattainment area 

State submittal 

date EPA Approval date Explanation 

Air Quality Implementation Plan for the State of Nevada 1

*******

Redesignation Request and Maintenance Plan for Particulate Matter 

(PM10), Clark County, Nevada (August 

2012).

Las Vegas Valley, 

Clark County.

9/7/12 [Insert Federal 

Register citation], 10/6/14.

Excludes appendix B (‘‘Documentation 

of the Public Review Process’’). 

* * * * * * * 

******* 1The 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). 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 60081 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—Section 107 Attainment 

Status Designations 

■ 4. Section 81.329 is amended by: 

■ a. Removing in the table under 

‘‘Nevada—TSP,’’ the entry for ‘‘Las 

Vegas Valley (212) (15–24S, 56–64E)’’; 

and 

■ b. Revising in the table under 

‘‘Nevada—PM–10,’’ the entry for ‘‘Clark 

County’’ to read as follows: 

§ 81.329 Nevada. 

* * * * * 

NEVADA—PM–10 

Designated area 

Designation Classification 

Date Type Date Type 

*******

Clark County: 

Las Vegas planning area ...................................... November 5, 2014 Attainment ........................................ ........................................

Hydrographic area 212 ......................................... ................................ ................... ........................................ ........................................

* * * * * * * 

* * * * * 

[FR Doc. 2014–23623 Filed 10–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2014–0148; FRL–9917–39– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia, Maryland, and Virginia; 

Approval of the Redesignation 

Requests and Maintenance Plan of the 

Washington, DC–MD–VA 

Nonattainment Area for the 1997 

Annual Fine Particulate Matter 

Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the requests 

from the District of Columbia (the 

District), the State of Maryland 

(Maryland), and the Commonwealth of 

Virginia (Virginia) (collectively ‘‘the 

States’’) to redesignate to attainment 

their respective portions of the 

Washington, DC–MD–VA 

nonattainment area (hereafter ‘‘the 

Washington Area’’ or ‘‘the Area’’) for the 

1997 annual fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS or standard). EPA is 

also approving, as a revision to their 

respective State Implementation Plans 

(SIPs), the common maintenance plan 

submitted by the States to show 

maintenance of the 1997 annual PM2.5

NAAQS through 2025 for the 

Washington Area. The Washington Area 

maintenance plan includes motor 

vehicle emissions budgets (MVEBs) for 

PM2.5 and nitrogen oxides (NOX) for the 

Area for the 1997 annual PM2.5

standard, which EPA is approving for 

transportation conformity purposes. 

These actions are being taken under the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

November 5, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0148. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., 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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittals are 

available at District of Columbia, 

Department of the Environment, Air 

Quality Division, 1200 1st Street NE., 

5th Floor, Washington, DC 20002; 

Maryland Department of the 

Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230; and Virginia 

Department of Environmental Quality, 

629 East Main Street, Richmond, 

Virginia 23219, respectively. 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by email at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The District of Columbia Department 

of the Environment (DDOE), the 

Maryland Department of the 

Environment (MDE), and the Virginia 

Department of Environmental Quality 

(VADEQ) worked together in developing 

a combined document to address the 

requirements for the redesignation to 

attainment of the Washington Area for 

the 1997 annual PM2.5 NAAQS. The 

States also developed a common 

maintenance plan as a revision to their 

respective SIPs to ensure continued 

attainment of the 1997 annual PM2.5

standard in the Washington Area 

throughout 2025. The 1997 annual PM2.5

redesignation requests and maintenance 

plans for the Washington Area were 

submitted to EPA by DDOE on June 3, 

2013, by MDE on July 10, 2013, and by 

VADEQ on June 3, 2013. The emissions 

inventories included in the Washington 

Area maintenance plans were 

subsequently supplemented by the 

States to provide for emissions estimates 

of VOC and ammonia. The 

supplemental inventories were 

submitted to EPA on July 22, 2013 by 

DDOE, on July 26, 2013 by MDE, and on 

July 17, 2013 by VADEQ. In addition, 

the maintenance plan includes the 2017 

and 2025 PM2.5 and NOX MVEBs used 

for transportation conformity purposes 

for the entire Washington Area for the 

1997 annual PM2.5 NAAQS. 

On August 8, 2014 (79 FR 45735), 

EPA published a notice of proposed 

rulemaking (NPR), proposing to take 

several rulemaking actions related to the 

redesignation of the Washington Area to 


tkelley on DSK3SPTVN1PROD with RULES