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[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Rules and Regulations]
[Pages 103657-103662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29061]

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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.

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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 [email protected].

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\
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    \1\ A 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.
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    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

[[Page 103658]]

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
------------------------------------------------------------------------
                                     2021-2023 DV     Attainment by the
        Nonattainment area               (ppm)         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\
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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).
    \3\ See proposed rule at 89 FR 80833 (October 4, 2024).
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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.
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    \4\ 80 FR 65452.
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    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\
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    \5\ 83 FR 25776 (June 4, 2018).
    \6\ 83 FR 10376 (March 9, 2018).
    \7\ 88 FR 775.
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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,

[[Page 103659]]

in the case of the Moderate nonattainment area considered in this 
determination, is February 3, 2025.
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    \8\ Las 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.
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    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\
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    \9\ See proposed rule at 89 FR 80833.
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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.
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    \10\ See 40 CFR 50.19.
    \11\ According 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.
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    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\
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    \12\ The 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.
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    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.
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    \13\ Annual monitoring network plans for each state are 
available at https://www.epa.gov/amtic/state-monitoring-agency-annual-air-monitoring-plans-and-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-air-monitoring-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.
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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
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                                                                                         Fourth highest daily maximum 8-hour average
                                                                                                  ozone concentration (ppm)             2021-2023 design
             AQS site ID                       County                   State         ------------------------------------------------  value (DV) (ppm)
                                                                                            2021            2022            2023
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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

[[Page 103660]]

 
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
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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-to-government 
consultation, as appropriate.\14\
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    \14\ See letter dated July 23, 2024 from Matthew Lakin, 
Director, Air and Radiation Division, EPA Region 9 to the Honorable 
Benny Tso, Chairman, Las Vegas Tribe of Paiute Indians of the Las 
Vegas Colony.

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[[Page 103661]]

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

0
1. The authority citation for part 81 continues to read as follows:

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

0
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:

Sec.  81.329  Nevada.

* * * * *

                                         Nevada--2015 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                                Designation                           Classification
       Designated area \1\       -------------------------------------------------------------------------------
                                     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.
\2\ This 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).

[[Page 103662]]

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[FR Doc. 2024-29061 Filed 12-18-24; 8:45 am]
BILLING CODE 6560-50-P
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