Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations 103657 

1A DV is a statistic used to compare data 

collected at an ambient air quality monitoring site 

to the applicable NAAQS to determine compliance 

with the standard. The data handling conventions 

for calculating DVs for the 2015 ozone NAAQS are 

specified in appendix U to 40 CFR part 50. The DV 

for the 2015 ozone NAAQS is the 3-year average of 

the annual fourth highest daily maximum 8-hour 

average ozone concentration. The DV is calculated 

for each air quality monitor in an area, and the DV 

for an area is the highest DV among the individual 

monitoring sites located in the area. 

TABLE E–6 TO SECTION 3.8 OF APPENDIX E—SUMMARY OF MONITORING PATH SITING CRITERIA—Continued 

Pollutant Maximum monitoring path length 9 10

Height from 

ground to 80% of 

monitoring path 1 8

(meters) 

Horizontal or 

vertical distance 

from supporting 

structures 2 to 

90% of monitoring 

path 1 8

(meters) 

Distance from 

trees to 90% 

of monitoring 

path 1 8

(meters) 

Distance from roadways 

to monitoring path 1 8

(meters) 

PAMS345 Ozone precursors.<= 1.0 km for Neighborhood and Urban ................ 2.0–15 ≥1.0 ≥10 See Table E–4 of this 

appendix. 

N/A—Not applicable. 

1 Monitoring path for open path analyzers is applicable only to middle or neighborhood scale CO monitoring, middle, neighborhood, urban, and regional scale NO2

monitoring, and all applicable scales for monitoring SO2, O3, and O3 precursors. 2When the monitoring path is located on a rooftop, this separation distance is in reference to walls, parapets, or penthouses located on roof. 

3At least 90 percent of the monitoring path should be greater than 20 meters from the dripline of tree(s) and must be 10-meters from the dripline. 

4 Distance from 90 percent of monitoring path to obstacle, such as a building, must be at least twice the height the obstacle protrudes above the monitoring path. 

Sites not meeting this criterion may be classified as microscale or middle scale (see text). 5 Must have unrestricted airflow 270 degrees around at least 90 percent of the monitoring path; 180 degrees if the monitoring path is adjacent to the side of a building or a wall for street canyon monitoring. 6The monitoring path should be away from minor sources, such as furnace or incineration flues. The separation distance is dependent on the height of the minor 

source’s emission point (such as a flue), the type of fuel or waste burned, and the quality of the fuel (sulfur, ash, or lead content). This criterion is designed to avoid 

undue influences from minor sources. 7For microscale CO monitoring sites, the monitoring path must be ≥10. meters from a street intersection and preferably at a midblock location. 8All distances listed are expressed as having 2 significant figures. When rounding is performed to assess compliance with these siting requirements, the distance 

measurements will be rounded such as to retain at least two significant figures. 9See section 1.2 of appendix D to this part for definitions of monitoring scales. 

10See section 3.7 of this appendix. 

* * * * * 

[FR Doc. 2024–29223 Filed 12–18–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2024–0553; FRL–12419– 

01–R9] 

Finding of Failure To Attain and 

Reclassification of Las Vegas Area as 

Serious for the 2015 Ozone National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final determination. 

SUMMARY: The Environmental Protection 

Agency (EPA) is determining that the 

Las Vegas, Nevada area failed to attain 

the 2015 ozone national ambient air 

quality standards (NAAQS or 

‘‘standards’’) by the applicable 

attainment date. The effect of failing to 

attain by the applicable attainment date 

is that the area will be reclassified by 

operation of law from ‘‘Moderate’’ to 

‘‘Serious’’ nonattainment for the 2015 

ozone NAAQS on January 21, 2025, the 

effective date of this final rule. This 

action fulfills the EPA’s obligation 

under the Clean Air Act (CAA) to 

determine whether the Las Vegas, 

Nevada ozone nonattainment area 

attained the NAAQS by the attainment 

date and to publish a document in the 

Federal Register identifying the area as 

having failed to attain and identifying 

the reclassification. 

DATES: This final rule is effective on 

January 21, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2024–0553. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

a disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Lindsay Wickersham, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4192, or by 

email at wickersham.lindsay@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Overview of Action 

II. What is the background for this action? 

III. What is the statutory authority for this 

action? 

IV. How does the EPA determine whether an 

area has attained the standards? 

V. What is the EPA’s determination for the 

area? 

VI. What action is the EPA taking? 

VII. Statutory and Executive Order Reviews 

I. Overview of Action 

The EPA is required to determine 

whether areas designated nonattainment 

for an ozone NAAQS attained the 

standards by the applicable attainment 

date, and to take certain steps for areas 

that failed to attain (see CAA section 

181(b)(2)). The EPA’s determination of 

attainment for the 2015 ozone NAAQS 

is based on a nonattainment area’s 

design value (DV) as of the attainment 

date.1

The 2015 ozone NAAQS is met at an 

EPA regulatory monitoring site when 

the DV does not exceed 0.070 parts per 

million (ppm). For the Moderate 

nonattainment areas for the 2015 ozone 

NAAQS addressed in this action, the 

attainment date was August 3, 2024. 

Because the DV is based on the three 

most recent, complete calendar years of 

data, attainment must occur no later 

than December 31 of the year prior to 

the attainment date (i.e., December 31, 

2023, in the case of Moderate 

nonattainment areas for the 2015 ozone 

NAAQS). As such, the EPA’s 

determinations for each area are based 

upon the complete, quality-assured, and 

certified ozone monitoring data from 

calendar years 2021, 2022, and 2023. 

This action addresses one area in 

Nevada that was classified as Moderate 

for the 2015 ozone NAAQS as of the 


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2 83 FR 62998, ‘‘Implementation of the 2015 

National Ambient Air Quality Standards for Ozone: 

Nonattainment Area State Implementation Plan 

Requirements’’ (December 6, 2018). 

3See proposed rule at 89 FR 80833 (October 4, 

2024). 

4 80 FR 65452. 

5 83 FR 25776 (June 4, 2018). 

6 83 FR 10376 (March 9, 2018). 

7 88 FR 775. 

8Las Vegas, Nevada will be classified to the next 

higher classification, Serious because it does not 

have a DV that would otherwise place it in a higher 

classification. 

Moderate area attainment date of August 

3, 2024. The EPA is addressing the 

remaining areas in other states in 

separate actions. Table 1 provides the 

DV and the EPA’s air quality-based 

determination for the Moderate area 

addressed in this action. 

TABLE 1—SUMMARY OF NONATTAINMENT AREA IN NEVADA CLASSIFIED AS MODERATE FOR THE 2015 OZONE NAAQS 

Nonattainment area 2021–2023 DV 

(ppm) Attainment by the attainment date 

Las Vegas, NV ............................................................................................................. 0.074 Failed to attain. 

Source: AMP480_LasVegas_DesignValueReport_2021_2023. 

The EPA is finding that the Moderate 

area listed in Table 1 did not attain by 

its attainment dates because their 2021– 

2023 DVs are greater than 0.070 ppm. If 

the EPA determines that a 

nonattainment area classified as 

Moderate failed to attain by the 

attainment date, CAA section 

181(b)(2)(B) requires the EPA to publish 

a notice in the Federal Register, no later 

than 6 months following the attainment 

date, identifying each such area and 

identifying the applicable 

reclassification. 

Under CAA section 181(b)(2)(A), the 

effect of this determination is that this 

area will be reclassified by operation of 

law as Serious on the effective date of 

this final rule. The reclassified area will 

then be subject to the Serious area 

requirement to attain the 2015 ozone 

NAAQS as expeditiously as practicable, 

but not later than August 3, 2027. 

Once reclassified as Serious, the 

relevant state must submit to the EPA 

the SIP revisions for this area that 

satisfy the statutory and regulatory 

requirements applicable to Serious areas 

established in CAA section 182(c) and 

in the EPA’s implementing regulations 

for the 2015 ozone NAAQS.2 The EPA 

is establishing deadlines for submitting 

SIP revisions for this reclassified area in 

a separate action.3

II. What is the background for this 

action? 

On October 26, 2015, the EPA issued 

its final action to revise the NAAQS for 

ozone to establish new 8-hour 

standards.4 In that action, the EPA 

promulgated identical tighter primary 

and secondary ozone standards 

designed to protect public health and 

welfare that specified an 8-hour ozone 

level of 0.070 ppm. Specifically, the 

standards require that the 3-year average 

of the annual fourth highest daily 

maximum 8-hour average ozone 

concentration may not exceed 0.070 

ppm. 

Effective on August 3, 2018, the EPA 

designated 52 areas throughout the 

country as nonattainment for the 2015 

ozone NAAQS.5 In a separate action, the 

EPA assigned classification thresholds 

and attainment dates based on the 

severity of an area’s ozone problem, 

determined by the area’s DV.6 The EPA 

established the attainment date for 

‘‘Marginal,’’ Moderate, and Serious 

nonattainment areas as three years, six 

years, and nine years, respectively, from 

the effective date of the final 

designations. Thus, the attainment date 

for Marginal nonattainment areas for the 

2015 ozone NAAQS was August 3, 

2021, the attainment date for Moderate 

areas was August 3, 2024, and the 

attainment date for Serious areas is 

August 3, 2027. On January 3, 2023, the 

EPA determined that the Las Vegas, NV 

area addressed in this action did not 

attain the standards by the Marginal 

attainment date, reclassifying the area as 

Moderate by operation of law.7

III. What is the statutory authority for 

this action? 

The statutory authority for these 

determinations is provided by the CAA, 

as amended (42 U.S.C. 7401 et seq.). 

Relevant portions of the CAA include, 

but are not necessarily limited to, 

sections 181 and 182. 

CAA section 107(d) provides that 

when the EPA establishes or revises a 

NAAQS, the agency must designate 

areas of the country as nonattainment, 

attainment, or unclassifiable based on 

whether an area is not meeting (or is 

contributing to air quality in a nearby 

area that is not meeting) the NAAQS, 

meeting the NAAQS, or cannot be 

classified as meeting or not meeting the 

NAAQS, respectively. Subpart 2 of part 

D of title I of the CAA governs the 

classification, state planning, and 

emissions control requirements for any 

areas designated as nonattainment for a 

revised primary ozone NAAQS. In 

particular, CAA section 181(a)(1) 

requires each area designated as 

nonattainment for a revised ozone 

NAAQS to be classified at the same time 

as the area is designated based on the 

extent of the ozone problem in the area 

(as determined based on the area’s DV). 

Classifications for ozone nonattainment 

areas are ‘‘Marginal,’’ ‘‘Moderate,’’ 

‘‘Serious,’’ ‘‘Severe,’’ and ‘‘Extreme,’’ in 

order of stringency. CAA section 182 

provides the specific attainment 

planning and additional requirements 

that apply to each ozone nonattainment 

area based on its classification. 

Section 181(b)(2)(A) of the CAA 

requires that within six months 

following the applicable attainment 

date, the EPA shall determine whether 

an ozone nonattainment area attained 

the ozone standard based on the area’s 

DV as of that date. Under CAA section 

181(a)(5) as interpreted by the EPA in 40 

CFR 51.1307, upon application by any 

state, the EPA may grant a 1-year 

extension to the attainment date when 

certain criteria are met. One criterion for 

a first attainment date extension is that 

an area’s fourth highest daily maximum 

8-hour value for the attainment year 

must not exceed the level of the 

standard. 

In the event an area fails to attain the 

ozone NAAQS by the applicable 

attainment date and is not granted a 1- 

year attainment date extension, CAA 

section 181(b)(2)(A) requires the EPA to 

make the determination that an ozone 

nonattainment area failed to attain the 

ozone standard by the applicable 

attainment date, and requires the area to 

be reclassified by operation of law to the 

higher of: (1) The next higher 

classification for the area, or (2) the 

classification applicable to the area’s DV 

as of the determination of failure to 

attain.8 Section 181(b)(2)(B) of the CAA 

requires the EPA to publish the 

determination of failure to attain and 

accompanying reclassification in the 

Federal Register no later than six 

months after the attainment date, which, 


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9See proposed rule at 89 FR 80833. 

10See 40 CFR 50.19. 

11According to appendix U to 40 CFR part 50, 

ambient monitoring sites with a DV of 0.070 ppm 

or less must meet minimum data completeness 

requirements in order to be considered valid. These 

requirements are met for a 3-year period at a site 

if daily maximum 8-hour average ozone 

concentrations are available for at least 90% of the 

days within the ozone monitoring season, on 

average, for the 3-year period, with a minimum of 

at least 75% of the days within the ozone 

monitoring season in any one year. Ozone 

monitoring seasons are defined for each State in 

appendix D to 40 CFR part 58. DVs greater than 

0.070 ppm are considered to be valid regardless of 

the data completeness. 

12The EPA maintains the AQS, a database that 

contains ambient air pollution data collected by the 

EPA, state, local, and tribal air pollution control 

agencies. The AQS also contains meteorological 

data, descriptive information about each monitoring 

station (including its geographic location and its 

operator) and data quality assurance/quality control 

information. The AQS data is used to (1) assess air 

quality, (2) assist in attainment/non-attainment 

designations, (3) evaluate SIPs for non-attainment 

areas, (4) perform modeling for permit review 

analysis, and (5) prepare reports for Congress as 

mandated by the CAA. Access is through the 

website at https://www.epa.gov/aqs. 

13Annual monitoring network plans for each state 

are available at https://www.epa.gov/amtic/statemonitoring-agency-annual-air-monitoring-plansand-network-assessments. The plans relevant to 

this action Annual monitoring network plans for 

each state are available at https://www.epa.gov/ 

amtic/state-monitoring-agency-annual-airmonitoring-plans-and-network-assessments. The 

plans relevant to this action and the EPA’s letters 

approving those plans are also available in the 

docket for this action. 

in the case of the Moderate 

nonattainment area considered in this 

determination, is February 3, 2025. 

Once an area is reclassified, each state 

that contains a reclassified area is 

required to submit certain SIP revisions 

in accordance with its more stringent 

classification. The SIP revisions are 

intended to, among other things, 

demonstrate how the area will attain the 

NAAQS as expeditiously as practicable, 

but no later than August 3, 2027 (the 

Serious area attainment date for the 

2015 ozone NAAQS). Per CAA section 

182(i), a state with a reclassified ozone 

nonattainment area must submit the 

applicable attainment plan requirements 

‘‘according to the schedules prescribed 

in connection with such requirements’’ 

in CAA section 182(c) for Serious areas, 

but the EPA ‘‘may adjust applicable 

deadlines (other than attainment dates) 

to the extent such adjustment is 

necessary or appropriate to assure 

consistency among the required 

submissions.’’ The EPA is addressing 

the SIP revision and implementation 

deadlines for newly reclassified Serious 

areas, as well as the continued 

applicability of Moderate area 

requirements that these areas may not 

yet have met, in a separate rulemaking.9

IV. How does the EPA determine 

whether an area has attained the 

standards? 

The level of the 2015 ozone NAAQS 

is 0.070 ppm.10 Under the EPA 

regulations at 40 CFR part 50, appendix 

U, the 2015 ozone NAAQS is attained at 

a site when the 3-year average of the 

annual fourth highest daily maximum 8- 

hour average ambient ozone 

concentration (i.e., DV) does not exceed 

0.070 ppm. When the DV does not 

exceed 0.070 ppm at each ambient air 

quality monitoring site within the area, 

the area is deemed to be attaining the 

ozone NAAQS. Each area’s DV is 

determined by the highest DV among 

monitors with valid DVs.11 The data 

handling convention in appendix U 

dictates that concentrations shall be 

reported in ‘‘ppm’’ to the third decimal 

place, with additional digits to the right 

being truncated. Thus, a computed 3- 

year average ozone concentration of 

0.071 ppm is greater than 0.070 ppm 

and would exceed the standards, but a 

computed 3-year average ozone 

concentration of 0.0709 ppm is 

truncated to 0.070 ppm and attains the 

2015 ozone NAAQS. 

The EPA’s determination of 

attainment is based upon hourly ozone 

concentration data for calendar years 

2021, 2022, and 2023 that have been 

collected and quality-assured in 

accordance with 40 CFR part 58 and 

reported to the EPA’s Air Quality 

System (AQS) database.12

State and local monitoring network 

plans are subject to approval by the EPA 

on an annual basis, and any interim 

modifications to those plans must also 

be approved by the EPA.13 The annual 

monitoring network plan process is 

provided in 40 CFR 58.10 and the 

requirements governing system 

modifications and monitor 

discontinuations are laid out in 40 CFR 

58.14. Where state or local agencies seek 

to modify the ambient air quality 

monitoring networks by discontinuing a 

monitor station, the EPA may approve 

such modifications subject to the 

criteria established in 40 CFR 58.14(c). 

The EPA may not approve such 

discontinuation if doing so would 

compromise data collection needed for 

implementation of a NAAQS. If a 

monitor has been discontinued subject 

to 40 CFR 58.14 such that the 

discontinuation results in insufficient 

data to calculate a valid DV according 

to appendix U to 40 CFR part 50, the 

EPA will determine the applicable 

area’s attainment status based on the 

remaining monitors in the area. 

V. What is the EPA’s determination for 

the area? 

The EPA is determining that the 

Moderate nonattainment area addressed 

in this action (Las Vegas, NV) failed to 

attain the 2015 ozone NAAQS by the 

attainment date of August 3, 2024. As 

shown in Table 1 of this notice, at least 

one monitor had a 2021–2023 DV 

greater than 0.070 ppm. The EPA has 

further determined that this area did not 

meet the requirement under section 

181(a)(5)(B) and 40 CFR 51.1307 

necessary to grant a 1-year extension of 

the attainment date because at least one 

monitor in the Las Vegas area had a 

2023 fourth highest daily maximum 8- 

hour average that was greater than 0.070 

ppm. Table 2 of this notice shows the 

annual fourth highest daily maximum 8- 

hour average ozone concentration and 

2021–2023 DV for each monitor in the 

Las Vegas area. 

TABLE 2—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN

VALUES AT ALL MONITORS IN THE LAS VEGAS, NV AREA

AQS site ID County State 

Fourth highest daily maximum 8-hour average 

ozone concentration 

(ppm) 

2021–2023 

design value (DV) 

(ppm) 

2021 2022 2023 

32–003–0044 ............. Clark .......................... Nevada ...................... 0.075 0.073 0.074 0.074 

32–003–2003 ............. Clark .......................... Nevada ...................... 0.074 0.073 0.071 0.072 

32–003–0299 ............. Clark .......................... Nevada ...................... 0.074 0.072 0.069 0.071 

32–003–0075 ............. Clark .......................... Nevada ...................... 0.075 0.070 0.072 0.072 

32–003–0540 ............. Clark .......................... Nevada ...................... 0.070 0.068 0.066 0.068 

32–003–0043 ............. Clark .......................... Nevada ...................... 0.074 0.074 0.071 0.073 


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14See letter dated July 23, 2024 from Matthew 

Lakin, Director, Air and Radiation Division, EPA 

Region 9 to the Honorable Benny Tso, Chairman, 

TABLE 2—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN

VALUES AT ALL MONITORS IN THE LAS VEGAS, NV AREA—Continued 

AQS site ID County State 

Fourth highest daily maximum 8-hour average 

ozone concentration 

(ppm) 

2021–2023 

design value (DV) 

(ppm) 

2021 2022 2023 

32–003–0071 ............. Clark .......................... Nevada ...................... 0.075 0.070 0.072 0.072 

32–003–0073 ............. Clark .......................... Nevada ...................... 0.076 0.070 0.071 0.072 

32–003–0298 ............. Clark .......................... Nevada ...................... 0.072 0.067 0.071 0.070 

Source: AMP480_LasVegas_DesignValueReport_2021_2023. 

VI. What action is the EPA taking? 

Pursuant to CAA section 181(b)(2), 

the EPA is determining that the Las 

Vegas, NV area failed to attain the 2015 

ozone NAAQS by the applicable 

attainment date of August 3, 2024. 

Therefore, upon the effective date of this 

final action, the area will be reclassified, 

by operation of law, to Serious for the 

2015 ozone NAAQS. Once reclassified 

as Serious, this area will be required to 

attain the standards ‘‘as expeditiously as 

practicable’’ but no later than nine years 

after the initial designation as 

nonattainment, which in this case 

would be no later than August 3, 2027. 

Section 553 of the APA, 5 U.S.C. 

553(b)(B), provides that, when an 

agency for good cause finds that notice 

and public procedures are 

impracticable, unnecessary or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

The EPA has determined that there is 

good cause for making this final agency 

action without prior proposal and 

opportunity for comment because our 

action to determine whether this area 

has attained the NAAQS by the 

attainment date is governed, per CAA 

section 181(b)(2)(A), solely by area 

design values as of that date. The area 

design values relied upon in this notice 

are calculations based on the certified 

air quality monitoring data governed by 

the EPA’s regulations and involve no 

judgment or discretion. Thus, notice 

and public procedures are unnecessary 

to take this action. The EPA finds that 

this constitutes good cause under 5 

U.S.C. 553(b)(B). 

VII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review, and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive Order 

14094 (88 FR 21879, April 11, 2023). 

B. Paperwork Reduction Act (PRA) 

This rule does not impose an 

information collection burden under the 

provisions of the PRA of 1995 (44 U.S.C. 

3501 et seq.). This action does not 

contain any information collection 

activities and serves only to make a final 

determination that the Las Vegas, NV 

nonattainment area failed to attain the 

2015 ozone standards by the August 3, 

2024 attainment date. This area will be 

reclassified as Serious nonattainment 

for the 2015 ozone standards by 

operation of law upon the effective date 

of the final reclassification action. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA (5 U.S.C. 601 et seq.). 

This action will not impose any 

requirements on small entities. The 

determination of failure to attain the 

2015 ozone standards (and resulting 

reclassifications), do not in and of 

themselves create any new requirements 

beyond what is mandated by the CAA. 

This final action would require the state 

to adopt and submit SIP revisions to 

satisfy CAA requirements and would 

not itself directly regulate any small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538 and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. The division of 

responsibility between the Federal 

government and the states for purposes 

of implementing the NAAQS is 

established under the CAA. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), requires the EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

Tribal officials in the development of 

regulatory policies that have Tribal 

implications.’’ 

The EPA has identified a tribal area 

within the nonattainment area covered 

by this proposed rule that would be 

potentially affected by this rulemaking. 

Specifically, the Las Vegas Tribe of 

Paiute Indians of the Las Vegas Indian 

Colony is located within the boundaries 

of the Las Vegas nonattainment area. 

The EPA has concluded that this rule 

may have tribal implications for this 

tribe for the purposes of Executive 

Order 13175, but it would not impose 

substantial direct costs upon the tribes, 

nor would it preempt tribal law. A tribe 

that is part of an area that is reclassified 

from Moderate to Serious nonattainment 

is not required to submit a tribal 

implementation plan revision to address 

new Serious area requirements. 

However, the nonattainment new source 

review major source threshold and 

offset requirements would change for 

stationary sources seeking 

preconstruction permits in any 

nonattainment areas newly reclassified 

as Serious, including on tribal lands 

within these nonattainment areas. 

The EPA has communicated with the 

potentially affected tribe located within 

the boundaries of the nonattainment 

area addressed in this proposal, 

including offering government-togovernment consultation, as 

appropriate.14


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Las Vegas Tribe of Paiute Indians of the Las Vegas 

Colony. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

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

applying to those regulatory actions that 

concern environmental health or safety 

risks that the EPA has reason to believe 

may disproportionately affect children, 

per the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. Therefore, the EPA 

is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements Executive 

Order 12898 and defines EJ as, among 

other things, the just treatment and 

meaningful involvement of all people, 

regardless of income, race, color, 

national origin, or Tribal affiliation, or 

disability in agency decision-making 

and other Federal activities that affect 

human health and the environment.’’ 

The EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goals of Executive 

Orders 12898 and 14096 of achieving 

environmental justice for communities 

with EJ concerns. 

K. Congressional Review Act 

This rule is exempt from the CRA 

because it is a rule of particular 

applicability. The rule makes factual 

determinations for an identified entity 

(the Las Vegas, Nevada area) based on 

facts and circumstances specific to that 

entity. Determinations of attainment and 

failure to attain the 2015 ozone NAAQS 

do not in themselves create any new 

requirements beyond what is mandated 

by the CAA. 

L. Judicial Review 

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 February 18, 2025. Filing a 

petition for reconsideration by the 

Administrator of this action 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 

this action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 5, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. Region 

IX. 

For the reasons stated in the 

preamble, title 40 CFR part 81 is 

amended as follows: 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. Section 81.329 is amended in the 

table for ‘‘Nevada—2015 8-Hour Ozone 

NAAQS [Primary and Secondary]’’ by 

revising the entry for ‘‘Las Vegas, NV: 

Clark County (part), NV’’ to read as 

follows: 

§ 81.329 Nevada. 

* * * * * 

NEVADA—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Las Vegas, NV ................................................................................................. ........................ Nonattainment 1/21/2025 Serious. 

Clark County (part): 

That portion of Clark County that lies in hydrographic area 212.3

Las Vegas Tribe of Paiute Indians of the Las Vegas Indian Colony. 

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

3 Hydrographic areas are shown on the State of Nevada Division of Water Resources’ map titled Water Resources and Inter-basin Flows (September 1971). 


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103662 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations 

* * * * * 

[FR Doc. 2024–29061 Filed 12–18–24; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 105–70 

[FPMR Case 2025–01; Docket No. GSA– 

FPMR–2025–0021; Sequence No. 1] 

RIN 3090–AK89 

Civil Monetary Penalties Inflation 

Adjustment 

AGENCY: The Office of the General 

Counsel, General Services 

Administration. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Debt Collection Improvement Act of 

1996, and further amended by the 

Federal Civil Penalties Inflation 

Adjustment Act Improvement Act of 

2015, this final rule applies the inflation 

adjustments for GSA’s civil monetary 

penalties. 

DATES: Effective 30 days after the date of 

publication. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Aaron Pound, Assistant General 

Counsel, General Law Division (LG), 

General Services Administration, 1800 F 

Street NW, Washington DC 20405. 

Telephone Number 202–501–1460. 

SUPPLEMENTARY INFORMATION: 

I. The Debt Collection Improvement Act 

of 1996 

To maintain the remedial impact of 

civil monetary penalties (CMPs) and to 

promote compliance with the law, the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Pub. L. 101– 

410) was amended by the Debt 

Collection Improvement Act of 1996 

(Pub. L. 104–134) and the Federal Civil 

Penalties Inflation Adjustment Act 

Improvement Act of 2015 (Sec. 701 of 

Pub. L. 114–74) to require Federal 

agencies to regularly adjust certain 

CMPs for inflation. As amended, the law 

requires each agency to make an initial 

inflationary adjustment for all 

applicable CMPs, and to make further 

adjustments at least once every year 

thereafter for these penalty amounts. 

The Debt Collection Improvement Act of 

1996 further stipulates that any 

resulting increases in a CMP due to the 

calculated inflation adjustments shall 

apply only to violations which occur 

after the date the increase takes effect 30 

days after the date of publication in the 

Federal Register. Pursuant to the 2015 

Act, agencies are required to adjust the 

level of the CMP with an initial ‘‘fix‘‘, 

and make subsequent annual 

adjustments for inflation. Catch up 

adjustments are based on the percent 

change between the Consumer Price 

Index for Urban Consumers (CPI–U) for 

the month of October for the year of the 

previous adjustment, and the October 

2015 CPI–U. Annual inflation 

adjustments will be based on the 

percent change between the October 

CPI–U preceding the date of adjustment 

and the prior year’s October CPI–U. 

II. The Program Fraud Civil Remedies 

Act of 1986 

Sections 6103 and 6104 of the 

Omnibus Budget Reconciliation Act of 

1986 (Pub. L. 99–509) set forth the 

Program Fraud Civil Remedies Act of 

1986 (PFCRA). Specifically, this statute 

imposes a CMP and an assessment 

against any person who, with 

knowledge or reason to know, makes, 

submits, or presents a false, fictitious, or 

fraudulent claim or statement to the 

Government. The General Services 

Administration’s regulations, published 

in the Federal Register (61 FR 246, 

December 20, 1996) and codified at 41 

CFR part 105–70, currently set forth a 

CMP of up to $13,400 for each false 

claim or statement made to the agency. 

Based on the penalty amount inflation 

factor calculation, derived from 

originally dividing the October 2023 CPI 

by the October 2024 CPI and making the 

CPI-based annual adjustment thereafter, 

after rounding, we are adjusting the 

maximum penalty amount for this CMP 

to $13,700 for each false claim or 

statement made to the agency. 

III. Subsequent Annual Adjustments 

The 2015 Act also requires agencies to 

make annual adjustments to civil 

penalty amounts no later than January 

15 of each year following the initial 

adjustment described above. For 

subsequent adjustments made in 

accordance with the 2015 Act, the 

amount of the adjustment is based on 

the percent increase between the CPI–U 

for the month of October preceding the 

date of the adjustment and the CPI–U 

for the October one year prior to the 

October immediately preceding the date 

of the adjustment. If there is no increase, 

there is no adjustment of civil penalties. 

Therefore, if GSA adjusts penalties in 

January 2026, the adjustment will be 

calculated based on the percent change 

between the CPI–U for October 2026 

(the October immediately preceding the 

date of adjustment) and October 2025 

(the October one year prior to October 

2026). GSA will publish the amount of 

these annual inflation adjustments in 

the Federal Register no later than 

January 15 of each year, starting in 2026. 

IV. Public Participation 

The Federal Civil Penalties Inflation 

Adjustment Act Improvement Act of 

2015 expressly exempts this final rule 

from the notice and comment 

requirements of the Administrative 

Procedure Act by directing agencies to 

adjust civil monetary penalties for 

inflation ‘‘notwithstanding section 553 

of title 5, United States Code’’ (Pub. L. 

114–74, 129 Stat. 599; 28 U.S.C. 2461 

note). As such, this final rule is being 

issued without prior public notice or 

opportunity for public comment, with 

an effective date 30 days after the date 

of publication in the Federal Register. 

V. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. The Office of Management 

and Budget (OMB) has reviewed this 

final rule in accordance with the 

provisions of E.O. 12866 and has 

determined that it does not meet the 

criteria for a significant regulatory 

action and thus was not subject to 

review under Section 6(b) of E.O. 12866. 

As indicated above, the provisions 

contained in this final rulemaking set 

forth the inflation adjustments in 

compliance with the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended, for specific 

applicable CMPs. The great majority of 

individuals, organizations and entities 

addressed through these regulations do 

not engage in such prohibited conduct, 

and as a result, we believe that any 

aggregate economic impact of these 

revised regulations will be minimal, 

affecting only those limited few who 

may engage in prohibited conduct in 

violation of the statute. As such, this 

final rule and the inflation adjustment 

contained therein should have no effect 

on Federal or State expenditures. 

VI. Congressional Review Act 

The agency and the Office of 

Information and Regulatory Affairs, 

OMB have determined that this rule is 

not a major rule under 5 U.S.C. 804(2). 

Subtitle E of the Small Business 


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