Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Proposed Rules 9475 

49 In deciding whether to invoke the exception by 

making and publishing a finding that an action is 

based on a determination of nationwide scope or 

effect, the Administrator takes into account a 

number of policy considerations, including his 

judgment balancing the benefit of obtaining the D.C. 

Circuit’s authoritative centralized review versus 

allowing development of the issue in other contexts 

and the best use of agency resources. 

50A finding of nationwide scope or effect is also 

appropriate for actions that cover states in multiple 

judicial circuits. In the report on the 1977 

Amendments that revised section 307(b)(1) of the 

CAA, Congress noted that the Administrator’s 

determination that the ‘‘nationwide scope or effect’’ 

exception applies would be appropriate for any 

action that has a scope or effect beyond a single 

judicial circuit. See H.R. Rep. No. 95–294 at 323, 

324, reprinted in 1977 U.S.C.C.A.N. 1402–03. 

51The EPA may take a consolidated, single final 

action on all of the proposed SIP disapproval 

actions with respect to obligations under CAA 

section 110(a)(2)(D)(i)(I) for the 2015 ozone 

NAAQS. Should EPA take a single final action on 

all such disapprovals, this action would be 

nationally applicable, and the EPA would also 

anticipate, in the alternative, making and 

publishing a finding that such final action is based 

on a determination of nationwide scope or effect. 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations. This action merely 

proposes to disapprove a SIP 

submission as not meeting the CAA. 

K. CAA Section 307(b)(1) 

Section 307(b)(1) of the CAA governs 

judicial review of final actions by the 

EPA. This section provides, in part, that 

petitions for review must be filed in the 

D.C. Circuit: (i) When the agency action 

consists of ‘‘nationally applicable 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, if ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ For locally or regionally 

applicable final actions, the CAA 

reserves to the EPA complete discretion 

whether to invoke the exception in 

(ii).49

If the EPA takes final action on this 

proposed rulemaking the Administrator 

intends to exercise the complete 

discretion afforded to him under the 

CAA to make and publish a finding that 

the final action (to the extent a court 

finds the action to be locally or 

regionally applicable) is based on a 

determination of ‘‘nationwide scope or 

effect’’ within the meaning of CAA 

section 307(b)(1). Through this 

rulemaking action (in conjunction with 

a series of related actions on other SIP 

submissions for the same CAA 

obligations), the EPA interprets and 

applies section 110(a)(2)(d)(i)(I) of the 

CAA for the 2015 8-hour ozone NAAQS 

based on a common core of nationwide 

policy judgments and technical analysis 

concerning the interstate transport of 

pollutants throughout the continental 

U.S. In particular, the EPA is applying 

here (and in other proposed actions 

related to the same obligations) the 

same, nationally consistent 4-step 

framework for assessing good neighbor 

obligations for the 2015 8-hour ozone 

NAAQS. The EPA relies on a single set 

of updated, 2016-base year 

photochemical grid modeling results of 

the year 2023 as the primary basis for 

its assessment of air quality conditions 

and contributions at Steps 1 and 2 of 

that framework. Further, the EPA 

proposes to determine and apply a set 

of nationally consistent policy 

judgments to apply the 4-step 

framework. The EPA has selected a 

nationally uniform analytic year (2023) 

for this analysis and is applying a 

nationally uniform definition of 

nonattainment and maintenance 

receptors at Step 1, and a nationally 

uniform contribution threshold analysis 

at Step 2.50 For these reasons, the 

Administrator intends, if this proposed 

action is finalized, to exercise the 

complete discretion afforded to him 

under the CAA to make and publish a 

finding that this action is based on one 

or more determinations of nationwide 

scope or effect for purposes of CAA 

section 307(b)(1).51

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone. 

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

Dated: February 7, 2022. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2022–02951 Filed 2–18–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0106; FRL–9527–01– 

R9] 

Air Plan Approval; Nevada; Clark 

County Department of Environment 

and Sustainability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Clark County 

Department of Environment and 

Sustainability (DES) portion of the 

Nevada State Implementation Plan 

(SIP). These revisions concern the title 

change of the Clark County Department 

of Air Quality to the Department of 

Environment and Sustainability. We are 

proposing to approve this title change. 

The ‘‘department of air quality’’ was 

deleted in the air quality regulations 

and replaced with ‘‘department.’’ We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Any comments must arrive by 

March 24, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2022–0106 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://www.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: 

Christine Vineyard, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4125 or by 

email at vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 


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9476 Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Proposed Rules 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule revisions? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal with the dates that they 

were adopted by Clark County DES and 

submitted by the Nevada Division of 

Environmental Protection (NDEP). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended Submitted 

DES ................... Rule 2 ............... Procedures for Adoption and Revision of Regulations and for Inclusion 

of those Regulations in the State Implementation Plan.

1/21/20 3/13/20 

DES ................... Rule 33 ............. Chlorine in Chemical Processes ............................................................... 1/21/20 3/13/20 

DES ................... Rule 41 ............. Fugitive Dust ............................................................................................. 1/21/20 3/13/20 

DES ................... Rule 53 ............. Oxygenated Gasoline Program ................................................................. 1/21/20 3/13/20 

DES ................... Rule 90 ............. Fugitive Dust from Open Areas and Vacant Lots ..................................... 1/21/20 3/13/20 

DES ................... Rule 93 ............. Fugitive Dust from Paved Roads and Street Sweeping Equipment ......... 1/21/20 3/13/20 

DES ................... Rule 94 ............. Permitting and Dust Control for Construction Activities ............................ 1/21/20 3/13/20 

On September 13, 2020, the submitted 

rules in Table 1 were deemed to be 

complete by operation of law to meet 

the completeness criteria in 40 CFR part 

51 Appendix V, which must be met 

before formal EPA review. 

B. Are there other versions of these 

rules? 

We approved an earlier version of 

Rule 2 into the SIP on August 27, 1981 

(46 FR 43141). The Clark County DES 

adopted revisions to the SIP-approved 

version on January 21, 2020, and NDEP 

submitted it to us on March 13, 2020. 

We approved an earlier version of 

Rule 33 into the SIP on September 7, 

2004 (69 FR 54006). The Clark County 

DES adopted a revision to the SIPapproved version on January 21, 2020, 

and NDEP submitted it to us on March 

13, 2020. 

We approved an earlier version of 

Rule 41 into the SIP on October 6, 2014 

(79 FR 60078). The Clark County DES 

adopted a revision to the SIP-approved 

version on January 21, 2020, and NDEP 

submitted it to us on March 13, 2020. 

We approved an earlier version of 

Rule 53 into the SIP on September 21, 

2004 (69 FR 56351). The Clark County 

DES adopted a revision to the SIPapproved version on January 21, 2020, 

and NDEP submitted it to us on March 

13, 2020. 

We approved an earlier version of 

Rule 90 into the SIP on October 6, 2014 

(79 FR 60078). The Clark County DES 

adodpted a revision to the SIP-approved 

version on January 21, 2020, and NDEP 

submitted it to us on March 13, 2020. 

We approved an earlier version of 

Rule 93 into the SIP on October 6, 2014 

(79 FR 60078). The Clark County DES 

adopted a revision to the SIP-approved 

version on January 21, 2020, and NDEP 

submitted it to us on March 13, 2020. 

We approved an earlier version of 

Rule 94 into the SIP on October 30, 2006 

(71 FR 63250). The Clark County DES 

adopted a revision to the SIP-approved 

vesion on January 21, 2020, and NDEP 

submitted it to us on March 13, 2020. 

While we can act on only the most 

recently submitted version, we have 

reviewed materials provided with 

previous submittals. 

C. What is the purpose of the submitted 

rule revisions? 

The purpose of these submitted rule 

revisions is to delete ‘‘the department of 

air quality’’ everywhere it appears in the 

submitted rules and replacing it with 

‘‘department’’ and to update formatting. 

The EPA’s technical support 

document (TSD) and submitted staff 

report have more information about 

these rules. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

Rules in the SIP must be enforceable 

(see CAA section 110(a)(2)), must not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). 

Guidance and policy documents that 

we used to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title I of 

the Clean Air Act Amendments of 1990,’’ 57 

FR 13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ 

EPA, May 25, 1988 (the Bluebook, revised 

January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies,’’ 

EPA Region 9, August 21, 2001 (the Little 

Bluebook). 

B. Do the rules meet the evaluation 

criteria? 

These rules are consistent with CAA 

requirements and relevant guidance 

regarding enforceability. The TSD has 

more information on our evaluation. 

C. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the submitted rules because 

they fulfill all relevant requirements. 

We will accept comments from the 

public on this proposal until March 24, 

2022. If we take final action to approve 

the submitted rules, our final action will 

incorporate these rules into the federally 

enforceable SIP. 

III. Incorporation by Reference 

In this proposed rule, the EPA is 

proposing to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the Clark 

County DES rules described in Table 1 

of this preamble. The EPA has made, 

and will continue to make, these 

materials available 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). 


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Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Proposed Rules 9477 

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 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 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address 

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, 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 proposed 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: February 15, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–03690 Filed 2–18–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

EPA–R07–OAR–2021–0870; EPA–HQ–OAR– 

2021–0663; FRL–9468–01–R7] 

Air Plan Approval; Iowa; Interstate 

Transport of Air Pollution for the 2015 

8-Hour Ozone National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule and withdrawal 

of proposed rule. 

SUMMARY: The Clean Air Act (CAA) 

requires each State Implementation Plan 

(SIP) to contain adequate provisions 

prohibiting emissions that will 

significantly contribute to 

nonattainment or interfere with 

maintenance of air quality in other 

states. The State of Iowa made a 

submission to the Environmental 

Protection Agency (EPA or Agency) to 

address these requirements for the 2015 

ozone National Ambient Air Quality 

Standards (NAAQS). EPA is proposing 

to approve the submission for Iowa as 

meeting the requirement that the SIP 

contains adequate provisions to prohibit 

emissions that will significantly 

contribute to nonattainment or interfere 

with maintenance of the 2015 ozone 

NAAQS in any other state. The EPA is 

also withdrawing its previous proposed 

rule to approve Iowa’s SIP submission, 

as published in the Federal Register on 

March 2, 2020. 

DATES: 

Comments: Written comments on this 

proposed rule must be received on or 

before March 24, 2022. 

Withdrawal: As of February 22, 2022, 

the proposed rule published March 2, 

2020, at 85 FR 12232, is withdrawn. 

ADDRESSES: You may send comments, 

identified as Docket No. EPA–R07– 

OAR–2021–0870, by any of the 

following methods: Federal 

eRulemaking Portal at https://

www.regulations.gov following the 

online instructions for submitting 

comments or via email to 

stone.william@epa.gov. Include Docket 

ID No. EPA–R07–OAR–2021–0870 in 

the subject line of the message. 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. Out of an abundance of 

caution for members of the public and 

our staff, the EPA Docket Center and 

Reading Room are open to the public by 

appointment only to reduce the risk of 

transmitting COVID–19. Our Docket 

Center staff also continues to provide 

remote customer service via email, 

phone, and webform. For further 

information on EPA Docket Center 

services and the current status, please 

visit us online at https://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: 

William Stone, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7714; 

email address: stone.william@epa.gov. 

SUPPLEMENTARY INFORMATION: Public 

participation: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2021–0870, at https://

www.regulations.gov (our preferred 

method), or the other methods 

identified in the ADDRESSES section. 

Once submitted, comments cannot be 

edited or removed from the docket. The 

EPA may publish any comment received 

to its public docket. Do not submit to 

EPA’s docket at https://

www.regulations.gov 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 


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