7318 Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 

1 80 FR 65292 (October 26, 2015). 

student loans by the Department. In that 

announcement, we set a schedule for 

Committee meetings and requested 

nominations for individual negotiators 

who represent key stakeholder 

constituencies for the issue to be 

negotiated to serve on the Committee. 

The Committee met on October 10–11, 

November 6–7, and December 11–12, 

2023. During the negotiation sessions, 

the Committee discussed proposed 

regulations presented by the 

Department. At the end of the third 

negotiation session, the Committee took 

final consensus checks on each of the 

proposed regulations presented by the 

Department. In addition to the proposed 

regulations presented by the 

Department, the Committee discussed 

whether and how the Department could 

identify borrowers who are facing 

hardship but whose situations may not 

be reflected in either existing 

regulations or in the proposed 

regulations considered by the 

Committee. 

Based upon a continued review of 

information related to hardship, the 

Department will convene the Committee 

for a fourth session to discuss only 

proposed regulations relating to that 

issue. The Committee will not discuss 

the proposed regulations for which it 

already conducted final consensus 

checks. 

Amended Schedule for Negotiation 

Sessions: The Committee will meet for 

a fourth session on February 22–23, 

2024. 

Session times will be from 10 a.m. to 

12 p.m. and 1 p.m. to 4 p.m., with a 

public comment period from 

approximately 3 p.m. to 4 p.m., Eastern 

time on February 22, 2024. The 

Department will hold public comment 

only on February 22, 2024. 

This session will be conducted 

virtually and available for the public to 

view. Individuals who wish to observe 

the Committee meetings must register. 

We will post a registration link closer to 

the start of negotiations on our website 

at www2.ed.gov/policy/highered/reg/ 

hearulemaking/2023/index.html. The 

Department will also post recordings 

and transcripts of the meetings on that 

site. 

We will provide information on how 

to request time to speak on our website 

at www2.ed.gov/policy/highered/reg/ 

hearulemaking/2023/index.html. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to this Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF, you must have 

Adobe Acrobat Reader, which is 

available free at the site. You may also 

access the documents of the Department 

published in the Federal Register by 

using the article search feature at 

www.federalregister.gov. Specifically, 

through the advanced search feature at 

this site, you can limit your search to 

documents published by the 

Department. 

Program Authority: 20 U.S.C. 1098a. 

Nasser H. Paydar, 

Assistant Secretary, Office of Postsecondary 

Education. 

[FR Doc. 2024–02107 Filed 2–1–24; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0494; FRL–9931–01– 

R9] 

Air Plan Approval; Nevada; Clark 

County Department of Environment 

and Sustainability; Nonattainment New 

Source Review; 2015 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of Nevada 

addressing the nonattainment new 

source review (NNSR) requirements for 

the 2015 ozone National Ambient Air 

Quality Standards (NAAQS). This SIP 

revision addresses the Clark County 

Department of Environment and 

Sustainability (DES or ‘‘Department’’) 

portion of the Nevada SIP. This action 

is being taken pursuant to the Clean Air 

Act (CAA or ‘‘Act’’) and its 

implementing regulations. 

DATES: Comments must be received on 

or before March 4, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2022–0494, at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 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: 

Amita Muralidharan, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4140 or by 

email at muralidharan.amita@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background and Purpose 

II. The State’s Submittal 

A. What did the State submit? 

B. What is the purpose of the submitted 

certification letter? 

III. Analysis of Nonattainment New Source 

Review Requirements 

IV. Proposed Action and Public Comment 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On October 26, 2015, the EPA 

promulgated a revised ozone NAAQS of 

0.070 parts per million (ppm).1 Upon 

promulgation of a new or revised 

NAAQS, the CAA requires the EPA to 

designate as nonattainment any area 

that is violating the NAAQS based on 

the three most recent years of ambient 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 7319 

2 83 FR 25776 (June 4, 2018). 

3The Las Vegas Valley is the portion of Clark 

County referred to as Hydrographic Area 212. 

Hydrographic areas are shown on the State of 

Nevada Division of Water Resources’ map titled 

‘‘Water Resources and Inter-basin Flows’’ 

(September 1971). 4 88 FR 775 (January 5, 2023). 

5 83 FR 62998 (December 6, 2018). The 2015 SIP 

Requirements Rule addresses a range of 

nonattainment area SIP requirements for the 2015 

ozone NAAQS, including requirements pertaining 

to attainment demonstrations, reasonable further 

progress (RFP), reasonably available control 

technology, reasonably available control measures, 

major new source review, emission inventories, and 

the timing of SIP submissions and of compliance 

with emission control measures in the SIP. 

6 40 CFR 51.1314. 

7 79 FR 62350 (October 17, 2014). 

8 83 FR 62998 (December 6, 2018). 

9 79 FR 62350 (October 17, 2014). 

10Our review of the Department’s submittal is 

included in a Memorandum to Docket EPA–R09– 

OAR–2022–0494, titled ‘‘EPA Summary of 

Evaluation—Clark County Department of 

Environment and Sustainability 2021 Ozone 

Certification,’’ dated November 28, 2023. 

air quality data. This action relates to 

Clark County, which was designated 

nonattainment for the 2015 ozone 

NAAQS on June 4, 2018.2 Within Clark 

County, the Las Vegas Valley 3 was 

classified as a ‘‘Marginal’’ ozone 

nonattainment area for the 2015 ozone 

NAAQS. On January 5, 2023, the area 

was reclassified by operation of law to 

a ‘‘Moderate’’ ozone nonattainment area 

for failing to attain the 2015 ozone 

NAAQS by the applicable attainment 

date.4 However, because the Department 

certified that its SIP-approved NNSR 

program satisfies the requirements for a 

Marginal area only, this action is only 

proposing to approve the Department’s 

certification as it pertains to a Marginal 

ozone nonattainment area. 

On December 6, 2018, the EPA issued 

a final rule entitled, ‘‘Implementation of 

the 2015 National Ambient Air Quality 

Standards for Ozone: Nonattainment 

Area State Implementation Plan 

Requirements,’’ (‘‘2015 SIP 

Requirements Rule’’) which establishes 

the requirements and deadlines that 

state, tribal, and local air quality 

management agencies must meet as they 

develop implementation plans for areas 

where ozone concentrations exceed the 

2015 ozone NAAQS.5 Based on the 

initial nonattainment designation for the 

2015 ozone standards, the Department 

was required to make a SIP revision 

addressing NNSR no later than August 

3, 2021.6 This requirement may be met 

by submitting a SIP revision consisting 

of a new or revised NNSR permit 

program, or an analysis demonstrating 

that the existing SIP-approved NNSR 

permit program meets the applicable 

2015 ozone requirements and a letter 

certifying the analysis. 

II. The State’s Submittal 

A. What did the State submit? 

The submitted 2015 Ozone 

Certification letter addressed by this 

proposal was adopted by the 

Department on July 20, 2021. It was 

submitted by the Nevada Division of 

Environmental Protection (NDEP), the 

agency that serves as the governor’s 

designee for Nevada SIP submittals, on 

August 5, 2021, by a letter dated August 

3, 2021. 

NDEP’s August 5, 2021 submittal of 

the Clark County DES 2015 Ozone 

Certification letter was deemed by 

operation of law to meet the 

completeness criteria in 40 CFR part 51, 

Appendix V on February 5, 2022, which 

must be met before formal EPA review. 

B. What is the purpose of the submitted 

certification letter? 

The Department’s submittal is 

intended to satisfy the 2015 SIP 

Requirements Rule that requires States 

to make a SIP revision addressing 

NNSR. The Department’s portion of the 

Nevada SIP currently contains its NNSR 

permit program that was approved in 

2014, prior to the Las Vegas Valley’s 

current ozone nonattainment 

designation.7 The submitted 

certification letter provides a 

mechanism for the Department to satisfy 

the 40 CFR 51.1314 submittal 

requirements based on its 2015 Marginal 

ozone nonattainment designation. The 

EPA’s analysis of how this SIP revision 

addresses the NNSR requirements for 

the 2015 ozone NAAQS is provided 

below. 

III. Analysis of Nonattainment New 

Source Review Requirements 

NNSR is a preconstruction review 

permit program that applies to new 

major stationary sources or major 

modifications at existing sources within 

a nonattainment area and is required 

under CAA sections 172(c)(5) and 173. 

As mentioned in Section I of this 

notice, NNSR permit program 

requirements were adopted for the 2015 

ozone NAAQS at 40 CFR 51.1314 as part 

of the 2015 SIP Requirements Rule.8

The minimum SIP requirements for 

NNSR permitting programs for the 2015 

ozone NAAQS are contained in 40 CFR 

51.165. These NNSR program 

requirements include those promulgated 

in the 2015 SIP Requirements Rule 

implementing the 2015 ozone NAAQS. 

The SIP for each ozone nonattainment 

area must contain NNSR provisions 

that: (1) set major source thresholds for 

nitrogen oxides (NOX) and volatile 

organic compounds (VOC) pursuant to 

40 CFR 51.165(a)(1)(iv)(A)(1)(i)–(iv) and 

(2); (2) classify physical changes as a 

major source if the change would 

constitute a major source by itself 

pursuant to 40 CFR 

51.165(a)(1)(iv)(A)(3); (3) consider any 

significant net emissions increase of 

NOX as a significant net emissions 

increase for ozone pursuant to 40 CFR 

51.165(a)(1)(v)(E); (4) consider any 

increase of VOC emissions in Extreme 

ozone nonattainment areas as a 

significant net emissions increase and a 

major modification for ozone pursuant 

to 40 CFR 51.165(a)(1)(v)(F); (5) set 

significant emissions rates for VOC and 

NOX as ozone precursors pursuant to 40 

CFR 51.165(a)(1)(x)(A)–(C) and (E); (6) 

contain provisions for emissions 

reductions credits pursuant to 40 CFR 

51.165(a)(3)(ii)(C)(1)–(2); (7) provide 

that the requirements applicable to VOC 

also apply to NOX pursuant to 40 CFR 

51.165(a)(8); (8) set offset ratios for VOC 

and NOX pursuant to 40 CFR 

51.165(a)(9)(ii)–(iv); and (9) require 

public participation procedures 

compliant with 40 CFR 51.165(i). 

The Department’s SIP-approved 

NNSR program,9 established in Section 

12.3 of the Clark County Air Quality 

Regulations, applies to the construction 

and modification of stationary sources, 

including major stationary sources in 

nonattainment areas under its 

jurisdiction. The Department’s 

submitted SIP revision includes a 

compliance demonstration, consisting of 

a table listing each of the 2015 ozone 

NAAQS NNSR SIP requirements from 

40 CFR 51.165 and a citation to the 

specific provision of the rule satisfying 

the requirement. The submittal also 

includes a certification by the 

Department that the cited rules meet the 

federal NNSR requirements for the 

Marginal ozone nonattainment 

designation. These documents, 

including our Summary of Evaluation 10

of the Department’s submittal, are 

available in the docket for this action. 

The EPA has reviewed the 

demonstration and cited program 

elements intended to meet the federal 

NNSR requirements for the 2015 ozone 

NAAQS and is proposing to approve the 

Department’s submittal because the 

current SIP-approved NNSR program 

satisfies all the 2015 SIP Requirements 

Rule NNSR program requirements 

applicable to the Las Vegas Valley as a 

Marginal ozone nonattainment area. 

IV. Proposed Action and Public 

Comment 

The EPA is proposing to approve a 

SIP revision addressing the NNSR 

requirements for the 2015 ozone 


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7320 Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 

NAAQS for the Department. In support 

of this proposed action, we have 

concluded that our approval of the 

submitted 2015 ozone certification for 

the Department would comply with 

section 110(l) of the Act because our 

approval of the ozone certification will 

not interfere with continued attainment 

or maintenance of the NAAQS in the 

Department. Similarly, we find that the 

submitted revision is approvable under 

section 193 of the Act because it does 

not modify any control requirement in 

effect before November 15, 1990, 

without ensuring equivalent or greater 

emission reductions. The EPA has 

concluded that the State’s submission 

fulfills the 40 CFR 51.1314 revision 

requirement and meets the requirements 

of CAA sections 110, 172(c)(5), 173, 

182(a)(2)(C), 193, and the minimum SIP 

requirements of 40 CFR 51.165. If we 

finalize this action as proposed, our 

action will incorporate this certification 

into the federally enforceable SIP and be 

codified through revisions to 40 CFR 

52.1470 (Identification of plan). 

The EPA has made, and will continue 

to make, the State’s submission and all 

other materials available electronically 

through https://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). We 

will accept comments from the public 

on this proposal until March 4, 2024. 

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 proposed action 

merely proposes to approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it proposes to approve a state 

program; 

• 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. 

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). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The State did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. Consideration of EJ is not 

required as part of this action, and there 

is no information in the record 

inconsistent with the stated goal of E.O. 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: January 29, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2024–02088 Filed 2–1–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0626; FRL–11614– 

01–R9] 

Air Plan Disapproval; California; Los 

Angeles-South Coast Air Basin; 1997 

8-Hour Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to 

disapprove a state implementation plan 

(SIP) revision submitted by the State of 

California to meet a Clean Air Act 

(CAA) requirement for the 1997 8-hour 

ozone national ambient air quality 

standards (NAAQS or ‘‘standards’’) in 

the Los Angeles-South Coast Air Basin, 

California ozone nonattainment area 

(‘‘South Coast’’). This submission, titled 

‘‘Final Contingency Measure Plan— 

Planning for Attainment of the 1997 80 

ppb 8-hour Ozone Standard in the 

South Coast Air Basin,’’ (‘‘Contingency 

Measure Plan’’ or ‘‘Plan’’), addresses the 

CAA requirements for the submission of 

contingency measures that will be 

implemented if emissions reductions 

from anticipated technologies associated 

with the area’s 1997 ozone NAAQS 

attainment demonstration are not 

achieved. We are taking comments on 

this proposal and plan to follow with a 

final action. 

DATES: Comments must be received on 

or before March 4, 2024. 


khammond on DSKJM1Z7X2PROD with PROPOSALS