The EPA Region 9 Regional Administrator, Jared Blumenfeld, signed the following final rule on 12/20/2012, and EPA is submitting it for 

publication in the Federal Register (FR). While we have taken steps to ensure the accuracy of this Internet version of the rule, it is not the 

official version of the rule for purposes of compliance. Please refer to the official version in a forthcoming FR publication, which will appear 

on the Government Printing Office’s FDsys website (http://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov 

(http://www.regulations.gov) in Docket No. EPA-R09-OAR-2012-0792.

Billing Code: 6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2012-0792;_________]

Approval and Promulgation of Implementation Plans and 

Designation of Areas for Air Quality Planning Purposes; State of 

Nevada; Redesignation of Clark County to Attainment for the 1997 

8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to approve, as a revision of 

the Nevada state implementation plan, the State’s plan for 

maintaining the 1997 8-hour ozone standard in Clark County for 

ten years beyond redesignation, and the related motor vehicle 

emissions budgets, because they meet the applicable requirements 

for such plans and budgets. EPA is also taking final action to 

approve a request from the Nevada Division of Environmental 

Protection to redesignate the Clark County ozone nonattainment 

area to attainment for the 1997 8-hour ozone National Ambient 

Air Quality Standard because the area meets the statutory 

requirements for redesignation under the Clean Air Act.
2

This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

DATES: Effective Date: This rule is effective on [Federal 

Register: Insert date 30 days after the publication date].

ADDRESSES: EPA has established a docket for this action under

Docket ID Number EPA-R09-OAR-2012-0792. 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: Ginger Vagenas, Air Planning 

Office (AIR-2), U.S. Environmental Protection Agency, Region IX, 

(415) 972-3964, vagenas.ginger@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever 

“we,” “us,” or “our” is used, we mean EPA. This supplementary 

information section is arranged as follows:

Table of Contents

I. Summary of Proposed Action
3

This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

A. Determination That the Area Has Attained the Applicable 

NAAQS.

B. The Area Must Have a Fully Approved SIP Meeting

Requirements Applicable for Purposes of Redesignation under 

Section 110 and Part D.

C. The Area Must Show the Improvement in Air Quality is Due to 

Permanent and Enforceable Emissions Reductions.

D. The Area Must Have a Fully Approved Maintenance Plan under 

CAA Section 175A.

II. Public Comments

III. Final Action

IV. Statutory and Executive Order Reviews

I. Summary of Proposed Action

On November 13, 2012 (77 FR 67600), we proposed to take

several related actions. First, 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 April 11, 2011 of Clark County’s Ozone Redesignation 

Request and Maintenance Plan (March 2011) (“Clark County Ozone 

Maintenance Plan” or “Ozone Maintenance Plan”) as a revision to 

the Nevada state implementation plan (SIP). 

In connection with the Clark County Ozone Maintenance Plan, 

EPA proposed to find that the maintenance demonstration showing
4

This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

that the area will continue to attain the 1997 8-hour ozone 

national ambient air quality standard (NAAQS or “standard”)

1 for 

10 years beyond redesignation (i.e., through 2022), 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 also proposed to 

approve the motor vehicle emissions budgets (MVEBs) in the Clark 

County Ozone Maintenance Plan because we found they met the 

applicable transportation conformity requirements under 40 CFR 

93.118(e).

Second, under CAA section 107(d)(3)(D), EPA proposed to 

approve NDEP's request that accompanied the submittal of the 

maintenance plan to redesignate the Clark County 8-hour ozone 

nonattainment area2 to attainment for the 1997 8-hour ozone 

NAAQS. We did 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 was based on our 

determination that the area has attained the 1997 8-hour ozone 

NAAQS, that relevant portions of the Nevada SIP are fully 

 

1 The 1997 8-hour ozone standard is 0.08 parts per million (ppm) averaged 

over an 8-hour time frame.

2 The boundaries of the Clark County ozone nonattainment area are defined in 

40 CFR 81.329. Specifically, the area is defined as: “That portion of Clark 

County that lies in hydrographic areas 164A, 164B, 165, 166, 167, 212, 213, 

214, 216, 217, and 218 but excluding the Moapa River Indian Reservation and 

the Fort Mojave Indian Reservation.” The area includes a significant portion 

of the unincorporated portions of central and southern Clark County, as well 

as the cities of Las Vegas, Henderson, North Las Vegas, and Boulder City.
5

This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

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 Clark County 8-hour 

ozone 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 Clark County Ozone Maintenance Plan.

For the purposes of this final rule, we have summarized the 

basis for our findings in connection with the proposed approvals 

of the Ozone Maintenance Plan and redesignation request. For a 

more detailed explanation as well as background information 

concerning the 1997 8-hour ozone NAAQS, the CAA requirements for 

redesignation, and the ozone planning history of Clark County,

please see our November 13, 2012 proposed rule. 

A. Determination That the Area Has Attained the Applicable 

NAAQS.

Prior to redesignating an area to attainment, CAA section 

107(d)(3)(E)(i) requires that we determine that the area has 

attained the NAAQS. For our proposed rule, consistent with the 

requirements contained in 40 CFR part 50, EPA reviewed the ozone 

ambient air monitoring data for the monitoring period from 2009 

through 2011, as recorded in the EPA Air Quality System (AQS) 

database, and determined, based on the complete, quality-assured 

data for 2009-2011, that the Clark County 8-hour ozone 
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This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

nonattainment area has attained the 1997 8-hour ozone standard

because the design value3 is less than 0.084 ppm. We also 

reviewed preliminary data from 2012 and found that it was 

consistent with continued attainment of the standard in the 

Clark County 8-hour ozone nonattainment area. See pages 67602-

67604 of our November 13, 2012 proposed rule.

B. The Area Must Have a Fully Approved SIP Meeting Requirements 

Applicable for Purposes of Redesignation under Section 110 and 

Part D.

Sections 107(d)(3)(E)(ii) and (v) of the CAA require EPA to 

determine that the area has a fully approved applicable SIP 

under section 110(k) that meets all applicable requirements 

under section 110 and part D for the purposes of redesignation.

For the reasons summarized below, we found that the Clark County 

8-hour ozone nonattainment area has a fully approved applicable 

SIP under section 110(k) that meets all applicable requirements 

under section 110 and part D for the purposes of redesignation. 

See pages 67604-67607 of our November 13, 2012 proposed rule.

With respect to section 110 of the CAA (General SIP 

Requirements), we concluded that NDEP and Clark County have met 

all SIP requirements for Clark County applicable for purposes of 

 

3 The design value for the 8-hour standard is the three-year average of the 

annual fourth-highest daily maximum 8-hour ozone concentration at the worstcase monitoring site in the area.
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This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

redesignation. Our conclusion in this regard was based on our 

review of the Clark County portion of the Nevada SIP. 

With respect to part D (of title I of the CAA), we reviewed 

the Clark County portion of the Nevada SIP for compliance with 

applicable requirements under both subparts 1 and 2.

4

First, we noted that EPA previously determined that the 

Clark County 8-hour ozone nonattainment area attained the 1997 

8-hour ozone NAAQS based on 2007-2009 ozone data (76 FR 17343, 

March 29, 2011), and thereby suspended, under 40 CFR 51.918, the 

obligation on the State of Nevada to submit an attainment 

demonstration and associated reasonably available control 

measures (RACM), a reasonable further progress (RFP) plan, 

contingency measures and other planning requirements related to 

attainment of the 1997 8-hour ozone NAAQS. As such, we explained 

that the State's compliance status with the attainment-related 

SIP requirements under subpart 1 was not relevant for the 

purposes of evaluating the State's redesignation request.

As to the other applicable subpart 1 requirements, we found 

that:

 The emissions inventory requirements of CAA section 

172(c)(3) would be met by our approval of the Clark County 

Ozone Maintenance Plan and related emissions inventories 

 

4 Subpart 1 contains general, less prescriptive requirements for all 

nonattainment areas of any pollutant, including ozone, governed by a NAAQS. 

Subpart 2 contains additional, more specific requirements for ozone 

nonattainment areas classified under subpart 2.
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This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

for volatile organic compounds (VOC) and oxides of nitrogen 

(NOx);

 A fully-approved nonattainment New Source Review (NSR) 

program was not a prerequisite to redesignation in this 

instance because the Clark County Ozone Maintenance Plan 

demonstrates maintenance of the standard without 

implementation of nonattainment NSR; moreover, after 

redesignation, sources under NDEP jurisdiction would be 

subject to the federal PSD program and sources under Clark 

County jurisdiction would be subject to an EPA-approved PSD 

program that is deficient in certain respects but not in 

ways that would interfere with maintenance of the ozone 

standard; and

 Clark County and the State previously met the requirements 

for transportation conformity SIPs under section 176(c) 

(see EPA’s approval of Clark County’s transportation 

conformity SIP at 73 FR 66182, November 7, 2008).

5

With respect to the requirements associated with subpart 2, 

we noted that the Clark County 8-hour ozone nonattainment area 

was initially designated nonattainment under subpart 1 of the 

CAA, but was subsequently classified as marginal nonattainment 

for the 1997 8-hour ozone standard under subpart 2 of part D of 

 

5 In any event, EPA believes it is reasonable to interpret the conformity 

requirements as not applicable for purposes of evaluating a redesignation 

request under section 107(d)(3)(E). See Wall v. EPA, 265 F.3d 426, 439 (6th 

Cir. 2001) upholding this interpretation.
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This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

the CAA in May 2012, i.e., after NDEP’s submittal of the 

redesignation request. Under EPA’s longstanding policy of 

evaluating requirements in accordance with the requirements due 

at the time a redesignation request is submitted and in 

consideration of the inequity of applying retroactively any 

requirements that might in the future be applied, we determined 

that the requirements under subpart 2 need not be addressed as a 

condition of redesignation.

C. The Area Must Show the Improvement in Air Quality is Due to 

Permanent and Enforceable Emissions Reductions.

Section 107(d)(3)(E)(iii) precludes redesignation of a 

nonattainment area to attainment unless EPA determines that the 

improvement in air quality is due to permanent and enforceable 

reductions in emissions resulting from implementation of the 

applicable SIP and applicable Federal air pollution control 

regulations and other permanent and enforceable regulations. 

Based on our review of the control measures credited in the 

Clark County Ozone Maintenance Plan as providing the emissions 

reductions sufficient to attain the 1997 8-hour ozone NAAQS in 

the Clark County 8-hour ozone nonattainment area through the 

year 2022, and based on our consideration of other factors such 

as weather patterns and economic activity, we found that the 

improvement in air quality in the Clark County 8-hour ozone 
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This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

nonattainment area is the result of permanent and enforceable 

emissions reductions from a combination of Federal vehicle and 

fuel measures and EPA-approved State and local control measures. 

See pages 670607-67608 of our November 13, 2012 proposed rule.

D. The Area Must Have a Fully Approved Maintenance Plan under 

CAA Section 175A.

Section 175A of the CAA sets forth the elements of a 

maintenance plan for areas seeking redesignation from 

nonattainment to attainment. As explained in the proposed rule, 

we interpret this section of the Act to require, in general, the 

following core elements: attainment inventory, maintenance 

demonstration, monitoring network, verification of continued 

attainment, and contingency plan. Based on our review and 

evaluation of the Ozone Maintenance Plan, we concluded that it 

contained the core elements and met the requirements of CAA 

section 175A. See pages 67608-67613. Our conclusion was based on 

the following findings:

 The base year emissions inventories for 2008 are

comprehensive, that the methods and assumptions used by 

Clark County Department of Air Quality (DAQ) to develop the 

2008 emission inventory are reasonable, and that the 

inventories reasonably estimate actual ozone season 

emissions in an attainment year. Moreover, we found that 
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This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

the 2008 emissions inventories in the Ozone Maintenance 

Plan reflect the latest planning assumptions and emissions 

models available at the time the plan was developed, and 

provide a comprehensive and reasonably accurate basis upon 

which to forecast ozone precursor emissions for years 2015 

and 2022;

 The projected VOC and NOx emissions estimates adequately 

account for projected area-wide growth, specific projects 

(including, among others, the Nellis Air Force Base F-35 

beddown project), and emissions reduction credits (ERCs), 

and show that VOC and NOx emissions would remain well below 

the attainment levels throughout the 10-year maintenance 

period and thereby adequately demonstrate maintenance 

through that period;

 Clark County DAQ has committed to continue to operate the 

air quality monitoring network to verify the continued 

attainment of the 1997 8-hour ozone NAAQS ambient ozone 

monitoring;

6

 Clark County DAQ’s commitment in the Ozone Maintenance Plan 

to the continued operation of an ozone monitoring network 

and the requirement that NDEP and Clark County DAQ must 

 

6 Although the Ozone Maintenance Plan is not explicit in this regard, we

presume that Clark County DAQ's intention to continue operation of a 

monitoring network means that the agency intends to do so consistent with 

EPA’s monitoring requirements in 40 CFR part 58 (“Ambient Air Quality 

Surveillance”).
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This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

inventory emissions sources and report to EPA on a periodic 

basis7 would be sufficient for the purpose of verifying 

continued attainment; and

 The contingency provisions of the Ozone Maintenance Plan 

clearly identify specific contingency measures, contain 

adequate tracking and triggering mechanisms to determine 

when contingency measures are needed, contain a sufficient 

description of the process of recommending and implementing 

contingency measures, and contain specific timelines for 

action, and would, therefore, be adequate to ensure prompt 

correction of a violation and comply with the contingencyrelated requirements under CAA section 175A(d).

Lastly, we proposed to approve the motor vehicle emissions 

budgets (MVEBs) contained in the Ozone Maintenance Plan because 

we found that they meet the transportation conformity adequacy 

requirements under 40 CFR 93.118(e)(4) and (5). In so proposing, 

we found that, among other things, the MVEBs, when considered 

with emissions from all other sources, would be consistent with 

maintenance of the 1997 8-hour ozone NAAQS in the Clark County 

8-hour ozone nonattainment area.

II. Public Comments

Our November 13, 2012 proposed rule provided for a 30-day 

comment period. We received comment letters in support of our 

 

7 See 40 CFR part 51, subpart A ("Air Emissions Reporting Requirements").
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This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

proposed action from NDEP and the Washoe County Health District.

In its comment letter, NDEP also noted that approval of the

redesignation request for the Clark County 8-hour ozone 

nonattainment area will negate the need, that had been 

identified in EPA’s proposed limited approval and limited 

disapproval of Clark County’s revised NSR rules at 77 FR 43206, 

for a revision to NDEP’s nonattainment NSR provisions at this 

time. We received no adverse comments in response to our 

November 13, 2012 proposed rule. 

III. Final Action

Under CAA sections 110(k)(3) and 107(d)(3)(D), and for the 

reasons set forth in our proposed rule and summarized above, EPA 

is taking final action to approve NDEP's submittal dated April 

11, 2011 of Clark County's Ozone Redesignation Request and 

Maintenance Plan (March 2011) ("Clark County Ozone Maintenance 

Plan") as a revision to the Nevada SIP and to approve NDEP's 

request to redesignate the Clark County 8-hour ozone 

nonattainment area to attainment for the 1997 8-hour ozone 

NAAQS. In connection with the Clark County Ozone Maintenance 

Plan, EPA finds that the maintenance demonstration showing that

the area will continue to attain the 1997 8-hour ozone NAAQS for 

10 years beyond redesignation (i.e., through 2022) and the 

contingency provisions describing the actions that Clark County 

will take in the event of a future monitored violation meet all 
14

This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

applicable requirements for maintenance plans and related 

contingency provisions in CAA section 175A. EPA is also 

approving the following motor vehicle emissions budgets (MVEBs) 

from the Clark County Ozone Maintenance Plan for transportation 

conformity purposes because we find that they meet the 

applicable transportation conformity requirements under 40 CFR 

93.118(e):

Budget 

Year

VOC (tpd, average 

summer weekday)

NOx (tpd, average 

summer weekday)

2008 65.08 68.46

2015 45.32 34.69

2022 36.71 23.15

These new MVEBs become effective on the date of publication 

of this final rule in the Federal Register (see 40 CFR 

93.118(f)(2)) and must be used by U.S. Department of 

Transportation (DOT) and the Regional Transportation Commission 

of Southern Nevada (RTC) for future transportation conformity 

determinations for Clark County. The existing 2008 VOC and NOx

MVEBs from the Clark County Early Progress Plan,

8 which EPA found 

adequate in 2009, are replaced by these budgets.

In connection with the redesignation request, EPA is taking 

final action to approve the request because we find that the 

area has met the five criteria for redesignation under CAA 

 

8 On July 28, 2008, NDEP submitted the 8-Hour Early Progress Plan for Clark 

County, Nevada (June 2008) to EPA as a revision to the Nevada SIP.
15

This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

section 107(d)(3)(E). Specifically, we find that the area has 

attained the 1997 8-hour ozone 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 Clark County 8-hour ozone nonattainment area with respect to 

section 110 and part D of the CAA, and that the area has a fully 

approved maintenance plan meeting the requirements of section 

175A (i.e., the Clark County Ozone Maintenance Plan approved 

herein).

IV. Statutory and Executive Order Reviews

Under the CAA, redesignation of an area to attainment under 

section 107(d)(3)(E) and the accompanying approval of a 

maintenance plan under section 175A 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 
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This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

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); 

 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 
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have taken steps to ensure the accuracy of this version, but it is not the official version.

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 discussed the proposed action with 

the one Tribe, the Las Vegas Paiute Tribe, located within the 

Clark County 8-hour ozone nonattainment area. The Tribe has 

indicated that it concurs with the redesignation request.

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 
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have taken steps to ensure the accuracy of this version, but it is not the official version.

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 [Insert date 60 days 

from date of publication]. 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, 
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have taken steps to ensure the accuracy of this version, but it is not the official version.

Nitrogen dioxide, Ozone, Reporting and recordkeeping 

requirements, Volatile organic compounds.

40 CFR Part 81

Environmental protection, Air pollution control, National 

parks, Wilderness areas.

____________________ ________________________

Dated: Jared Blumenfeld

Regional Administrator,

Region IX.
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have taken steps to ensure the accuracy of this version, but it is not the official version.

Chapter I, title 40 of the Code of Federal Regulations is 

amended as follows:

PART 52--[AMENDED]

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 in paragraph (e), the table is amended by

adding an entry for “Ozone Redesignation Request and Maintenance 

Plan, Clark County, Nevada (March 2011)” after the entry for 

“Emissions Inventory for 1995.”

§ 52.1470 Identification of plan.

* * * * *

(e) * * *

EPA-Approved Nevada Nonregulatory 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

* * * * * * *

Ozone 

Redesignation 

Request and 

Maintenance 

Plan, Clark 

County, 

Nevada (March 

Clark County, 

Nevada: that 

portion of 

Clark County 

that lies in 

hydrographic 

areas 164A, 

4/11/11 [Insert 

Federal

Register

page number 

where the 

document 

begins and 

Approval 

includes 

appendices 

A, B, and 

C. Relates 

to the 1997 

8-hour 
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have taken steps to ensure the accuracy of this version, but it is not the official version.

2011). 164B, 165, 

166, 167, 212, 

213, 214, 216, 

217, and 218, 

but excluding 

the Moapa 

River Indian 

Reservation 

and the Fort 

Mohave Indian 

Reservation.

insert date 

of FR

publication 

date]

ozone 

standard.

* * * * * * *

PART 81--[AMENDED]

3. The authority citation for part 81 continues to read as 

follows:

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

Subpart C – [AMENDED]

4. Section 81.329 is amended in the table for “Nevada—1997 8-

Hour Ozone NAAQS (Primary and Secondary)” by revising the entry 

for “Las Vegas, NV” to read as follows:

§81.329 Nevada.

* * * * *

Nevada – 1997 8-Hour Ozone NAAQS

(Primary and Secondary)

Designated Area

Designationa Classification

Date1 Type Date1 Type

Las Vegas, NV:

Clark County (part)

That portion of Clark 

[Insert 

date 30 

days from 

Attainme

nt
22

This document is a prepublication version, signed by US EPA Region 9 Regional Administrator Jared Blumenfeld on December 20, 2012. We 

have taken steps to ensure the accuracy of this version, but it is not the official version.

County that lies in 

hydrographic areas 

164A, 164B, 165, 166, 

167, 212, 213, 214, 

216, 217, and 218, but 

excluding the Moapa 

River Indian 

Reservation and the 

Fort Mohave Indian 

Reservation.

b

date of 

publicatio

n]

* * * * * * *

a Includes Indian Country located in each county or area, except 

as otherwise specified.

b The use of reservation boundaries for this designation is for 

purposes of CAA planning only and is not intended to be a 

federal determination of the exact boundaries of the 

reservations. Nor does the specific listing of the Tribes in 

this table confer, deny, or withdraw Federal recognition of any 

of the Tribes listed or not listed.

1 This date is June 15, 2004 unless otherwise noted.