Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Proposed Rules 41413 

the FAA’s web page at https://

www.faa.gov/air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined between 

8:00 a.m. and 4:30 p.m., Monday 

through Friday, except federal holidays, 

at the office of the Eastern Service 

Center, Federal Aviation 

Administration, Room 350, 1701 

Columbia Avenue, College Park, GA 

30337. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

FAA Order 7400.11E, Airspace 

Designations and Reporting Points, 

dated July 21, 2020 and effective 

September 15, 2020. FAA Order 

7400.11E is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order 7400.11E lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Proposal 

The FAA proposes an amendment to 

14 CFR part 71 to amend Class E 

airspace extending upward from 700 

feet above the surface at Lake Norman 

Airpark, Mooresville, NC, by removing 

Lowe’s Mooresville Heliport from the 

description, as the heliport has closed 

and airspace is no longer required. This 

action would enhance the safety and 

management of controlled airspace 

within the national airspace system. 

Also, the radius of the Lake Norman 

Airpark would increase to 9.3 miles 

(previously 6.3 Miles). In addition, the 

FAA proposes to remove the 

unnecessary verbiage in the description 

referencing Class E airspace in 

Statesville, NC and Concord, NC. 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

Order 7400.11E, dated July 21, 2020 and 

effective September 15, 2020, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’, prior to any FAA final 

regulatory action. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.11E, 

Airspace Designations and Reporting 

Points, dated July 21, 2020, and 

effective September 15, 2020, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO NC E5 Mooresville, NC [Amended] 

Lake Norman Airpark, NC 

(Lat. 35°36′50′′ N, long. 80°53′58′′ W) 

That airspace extending upward from 700 

feet above the surface within a 9.3-radius of 

Lake Norman Airpark. 

Issued in College Park, Georgia, on July 27, 

2021. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2021–16346 Filed 7–30–21; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2021–0433; FRL–8683–01– 

R8] 

Approval and Promulgation of 

Implementation Plans; North Dakota; 

Revisions To Permitting Regulations 

Unrelated to Regional Haze 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In accordance with section 

110 of the Clean Air Act (CAA), the 

Environmental Protection Agency (EPA) 

is proposing to approve State 

Implementation Plan (SIP) revisions 

submitted by North Dakota on August 3, 

2020. The revisions contain 

amendments to the State’s Air Pollution 

Control Regulations and to the State’s 

Legal Authority. 

DATES: Written comments must be 

received on or before September 1, 

2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2021–0433, to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.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, the full 


khammond on DSKJM1Z7X2PROD with PROPOSALS
41414 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Proposed Rules 

1The EPA approved North Dakota’s rule revisions 

to chapter 33.1–15–25 (regional haze) on June 8, 

2021 (86 FR 30387). 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of the 

docket. Please email or call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section if you need to make 

alternative arrangements for access to 

the docket. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–312–6227, 

email address: leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

On August 3, 2020, the State of North 

Dakota submitted SIP revisions 

containing amendments to North Dakota 

Administrative Code (NDAC), Article 

33.1–15 (Air Pollution Control) located 

in North Dakota’s EPA-Approved 

Regulations. Article 33.1–15 consists of 

25 chapters numbered from 33.1–15–01 

through 33.1–15–25. Revisions to 33.1– 

15–25 (Regional Haze Requirements) 

were acted on in a separate rulemaking.1

North Dakota is also revising section 

2.15 (Respecting Boards) located in 

North Dakota’s EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures. These revisions 

became effective as a matter of State law 

on July 1, 2020. We are proposing to 

approve these revisions, except for the 

previously approved regional haze 

provisions. 

II. The EPA’s Evaluation 

A. Revisions to Chapter 33.1–15–01 

(General Provisions) 

(1) Section 33.1–15–01–01 (Purpose) 

* Line 3—A semicolon is added after 

the word ‘‘property.’’ 

This revision is approvable, as it is 

administrative in nature. 

(2) Section 33.1–15–01–04 (Definitions) 

* In Section 33.1–15–01–04–04.45, a 

comma is added after ‘‘emission.’’ 

This revision is approvable, as it is 

administrative in nature. 

* In Section 33.1–15–01–04–04.52, the 

date for incorporation by reference for 

the definition of ‘‘volatile organic 

compounds’’ (VOC’s) is changes from 

July 1, 2015 to July 1, 2019. 

This revision is approvable, as it 

keeps North Dakota’s definition current 

with the federal definition of VOCs. 

North Dakota’s regulation located in 

section 33.1–15–01–04–04.52 states: 

‘‘Volatile Organic Compounds’’ means the 

definition of volatile organic compounds in 

40 Code of Federal Regulations 51.100(s) as 

it exists on July 1, 2015, which is 

incorporated by reference.’’ 

This revision reflects the current EPA 

definition of VOCs in 40 CFR 51.100(s), 

which was last revised by the EPA on 

November 28, 2018 (83 FR 61127). In 

addition, North Dakota incorporates by 

reference 40 CFR 52.21 for their 

Prevention of Significant Deterioration 

(PSD) regulations. The definition of 

VOCs located in 40 CFR 52.21(a)(30) 

states: 

‘‘Volatile organic compounds (VOC) is as 

defined in 40 CFR 51.100(s) of this chapter.’’ 

As such, this revision also keeps 

North Dakota’s PSD regulation of VOCs 

current with the federal definition of 

VOCs. 

(3) Section 33.1–15–01–05 

(Abbreviations) 

* For the abbreviation of Abbreviation 

of PM10, the words ‘‘a nominal’’ are 

added. 

This revision is approvable, as it is 

administrative in nature. 

B. Revisions to Chapter 33.1–15–02 

(Ambient Air Quality Standards, Table 

1) 

(1) Table 1 

* In Table 1, for fine particulates 

(PM2.5) the determination of compliance 

is being clarified by adding the phrase 

‘‘three-year average’’ to the annual 

standard and the phrase ‘‘three-year 

average of the annual’’ is added to the 

24-hour standard. 

These revisions are approvable, as 

this language corresponds with the 

language found in 40 CFR part 50, 

appendix N (Interpretation of the 

National Ambient Air Quality Standards 

for PM2.5.). Appendix N states the data 

handling necessary for determining 

when the National Ambient Air Quality 

Standards (NAAQS) for PM2.5 are met, 

specifically for the primary and 

secondary annual and 24-hour PM2.5

NAAQS specified in 40 CFR 50.7, 50.13 

and 50.18. 

Appendix N states that there are two 

separate design values (DVs) for 

determining compliance with the 

NAAQS. Design values are the 3-year 

average NAAQS metrics which are 

compared to the NAAQS levels to 

determine which monitoring site meets 

or does not meet the NAAQS. Appendix 

N specifies two separate DVs: 

(1) The 3-year average of PM2.5 annual 

mean mass concentrations for each 

monitoring site; and 

(2) The 3-year average of annual 98th 

percentile 24-hour average. 

(2) Table 1 

* In Table 1, North Dakota is revising 

its maximum permissible concentration 

for ozone from 0.075 parts per million 

(ppm) to 0.070 ppm. 

This revision is approvable. In 2015, 

the EPA promulgated a revised ozone 

NAAQS of 0.070 parts per million 

(ppm). (See Final Rule, National 

Ambient Air Quality Standard for 

Ozone, 80 FR 65292, October 26, 2015.) 

This rulemaking revised the maximum 

permissible concentration for ozone to 

0.070 ppm. When a new or revised 

NAAQS is promulgated, the CAA 

requires each state to submit a SIP 

revision to incorporate the new 

standard. North Dakota revised Table 1 

to reflect the 2015 ozone NAAQS of 

0.070 ppm. 

C. Revisions to Chapter 33.1–15–03 

(Restriction of Emission of Visible Air 

Contaminants) 

* The title of the chapter is being 

revised to remove an ‘‘m’’ from 

‘‘emissions.’’ 

This revision is approvable, as it is 

administrative in nature. 

D. Revisions to Chapter 33.1–15–14 

(Designated Air Contaminant Sources, 

Permit To Construct, Minor Source 

Permit To Operate, Title V Permit To 

Operate) 

(1) Section 33.1–15–14–01.1.2h 

* In paragraph 33.1–15–14–01.1.2h, 

the word ‘‘onsite’’ is added twice. 

This revision is approvable as it is 

administrative in nature. 


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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Proposed Rules 41415 

(2) Section 33.1–15–14–02.4a 

* In subdivision 33.1–15–14–02.4a, 

the date for incorporation by reference 

of PSD modeling guidance by referring 

to 40 CFR part 51, appendix W 

(Guideline on Air Quality Models) as it 

existed on July 1, 2019, and the 

reference to the North Dakota Modeling 

Guidance is deleted. 

This revision is approvable, as the 

State is adopting federal guidelines for 

determining the effects on ambient air 

quality related to an application for a 

permit to construct, and this revision 

deletes the State’s own guidance on air 

quality modeling. 

(3) Chapter 33–15–14–02.5 

* In subsection 33.1–15–14–02.5, line 

2, the word ‘‘an’’ is added before 

application. 

This revision is approvable, as it is 

administrative in nature. 

(4) Chapter 33.1–15–14–02.5a 

* In the subdivision 33.1–15–14– 

02.5a, the significant impact level (SIL) 

for annual PM2.5 emissions is revised to 

0.2 micrograms per cubic meter, and a 

SIL for 8-hour ozone of 2.0 micrograms 

per cubic meter is added. 

These revisions are approvable. On 

October 20, 2010, the EPA promulgated 

a final rulemaking titled ‘‘Prevention of 

Significant Deterioration (PSD) for 

Particulate Matter Less than 2.5 

micrometers—Increments, Significant 

Impact Levels (SILs) and Significant 

Monitoring Concentrations (SMCs),’’ (75 

FR 64864). This rulemaking revised the 

SIL for the annual PM2.5 to 0.3 

micrograms per cubic meter for Class II 

and Class III areas, and 0.06 micrograms 

per cubic meter for Class I areas. 

However, on December 17, 2010, the 

Sierra Club petitioned the Court to 

review the 2010 PM2.5 SILs and SMC 

final rule. On January 22, 2013, the 

Court granted a request from the EPA to 

vacate and remand to the EPA portions 

of the PSD regulations (40 CFR 

51.166(k)(2) and 52.21(k)(2)) 

establishing the SILs for PM2.5 so that 

the EPA could reconcile the 

inconsistency between the regulatory 

text and certain statements in the 

preamble to the 2010 final rule. Sierra 

Club v. EPA, 705 F.3d 458, 463–64 (D.C. 

Cir. 2013). As a result, on December 9, 

2013, EPA issued a final rule that 

removes the PM2.5 SILs from EPA’s PSD 

regulations (PM2.5 Vacated Elements 

rulemaking). On April 17, 2018, the EPA 

issued a guidance memo titled 

‘‘Guidance on Significant Impact Levels 

for Ozone and Fine Particles in the 

Prevention of Significant Deterioration 

Permitting Program’’ (See docket), 

which provided guidance on 

compliance demonstration tools for use 

with ozone and PM2.5 in the PSD 

program. This guidance can be used to 

identify a SIL for each ozone and PM2.5

NAAQS. Permitting authorities may use 

these values to help determine whether 

a proposed PSD source causes or 

contributes to a violation of the 

corresponding NAAQS. The guidance 

recommends a SIL of 0.2 micrograms 

per cubic meter for annual PM2.5 and a 

SIL of 1.0 parts per billion (pbb) for 8- 

hour ozone. North Dakota’s new SIL for 

8-hour ozone is 2.0 micrograms per 

cubic meter, which converts to one pbb 

(see docket for conversion). 

(5) Chapter 33.1–15–14–02.8 

* In subsection 33.1–15–14–02.8, line 

3, the word ‘‘or’’ is being changed to 

‘‘and.’’ 

This revision is approvable, as it is 

requiring an affirmative review of the 

requirements in both subsection 5(a) 

and 5(b) of this subsection before 

granting a permit to construct, as 

opposed to one or the other. Subsection 

5(a) and 5(b) contain requirements 

pertaining to the department’s review of 

an application for a permit to construct. 

E. Revisions to Chapter 33.1–15–15 

(Prevention of Significant Deterioration 

of Air Quality) 

(1) Chapter 33.1–15–01.2 

* In section 33.1–15–01.2, the date for 

incorporation by reference is updated to 

July 1, 2019. In addition, the phrase ‘‘or 

the administrator’s authorized 

representative’’ is added. 

This revision is approvable, as it 

expands the definition of ‘‘administrator 

of the United States environmental 

protection agency’’ to include ‘‘or the 

administrator’s authorized 

representative.’’ 

(2) Chapter 33.1–15–01.2(q) 

* In section 33.1–15–01.2(q), public 

participation, paragraph (q)(2)(c) is 

being revised to add the phrase ‘‘and by 

a notice on the department’s website.’’ 

This phrase is approvable, as it is in 

compliance with the requirements in 40 

CFR 52.21(q), which states: 

‘‘The administrator shall follow the 

applicable procedures of 40 CFR part 

124 in processing applications under 

this section.’’ 

40 CFR part 124(xi)(2)(iii) outlines the 

requirements as it relates to publishing 

PSD permits for the duration of the 

public comment period. 40 CFR part 

124(xi)(2)(iii)(B) states: 

‘‘The director shall notify the public 

. . . for the duration of the public 

comment period, on a public website 

identified by the director.’’ 

(3) Chapter 33.1–15–01.2(q) 

* In section 33.1–15–01.2(q), public 

participation, paragraph (q)(2)(c) is 

being revised to add the phrase ‘‘draft 

permit to construct.’’ 

This phrase is approvable, as it 

strengthens the requirement as to what 

is to be published during the public 

comment period. 

F. Revisions to Chapter 33.1–15–19 

(Visibility Protection) 

* In section 33.1–15–19–01.1 and 

33.1–15–19–01.2, line 2, the reference to 

subsection 33.1–15–15–01 is corrected 

by adding ‘‘.2.’’ 

This revision is approvable, as it is 

administrative in nature. 

G. Revisions to Chapter 33.1–15–20 

(Control of Emissions From Oil and Gas 

Well Production Facilities) 

(1) Chapter 33.1–15–20–04.2 

* In section 33.1–15–20–04.2, the 

paragraph is revised to indicate that all 

flares at a production facility, not just 

those combusting gas containing 

hydrogen sulfide, must be maintained 

and operated in good working order. On 

the last line, ‘‘sulfur dioxide’’ is 

replaced with ‘‘air contaminants as.’’ 

This revision is approvable, as it 

expands the amount of flares which 

must be maintained and operated in 

good working order. 

(2) Section 33.1–15–20–04.3 

* In section 33.1–15–20–04.3, the 

word ‘‘volatile’’ is removed to be 

consistent with Chapter 33.1–15–07, 

and the words ‘‘gas’’ and ‘‘vapor’’ are 

pluralized. 

This revision is approvable, as it is 

administrative in nature. 

* In section 33.1–15–20–04.3, the 

reference to gas containing hydrogen 

sulfide is removed and replaced with 

‘‘at production facility.’’ 

This revision is approvable, as it is 

administrative in nature. 

H. Revisions to Section 2.15 (Respecting 

Boards) 

* North Dakota is also revising section 

2.15 (Respecting Boards) located in 

North Dakota’s EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures. 

This revision is approvable. Section 

128 of the CAA requires SIPs to contain 

requirements for Boards that approve 

permits and/or enforcement actions and 

conflict of interest requirements for state 

personnel and Boards. North Dakota’s 

initial submittal of these requirements 

was approved by the EPA on July 20, 

2013 (78 FR 45866). When the North 

Dakota Department of Environmental 


khammond on DSKJM1Z7X2PROD with PROPOSALS
41416 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Proposed Rules 

Quality (DEQ) transitioned from the 

North Dakota Department of Public 

Health, their Conflict of Interest 

requirements changed. This revision 

updates section 2.15 of the SIP to match 

the current DEQ requirements. 

III. Proposed Action 

For the reasons described in section II 

of this proposed rulemaking, the EPA is 

proposing to approve North Dakota’s 

August 3, 2020, submittal revisions to 

NDAC, Article 33.1–15 (Air Pollution 

Control) except for revisions to 33.1–15– 

25 (Regional Haze Requirements) which 

were addressed in a separate 

rulemaking. The EPA is also proposing 

to approve North Dakota’s revisions to 

section 2.15 (Respecting Boards) located 

in North Dakota’s EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures. Our action is 

based on an evaluation of North 

Dakota’s revisions against the 

requirements of CAA section 

110(a)(2)(c) and regulatory requirements 

under 40 CFR 51.160–164 and 40 CFR 

51.166. 

IV. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the revisions 

described in section II. The EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 8 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this 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 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 CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable 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 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, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: July 22, 2021. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2021–16093 Filed 7–30–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0242; FRL–8725–01– 

R9] 

Air Plan Approval; Nevada, Las Vegas 

Valley; Second 10-Year Carbon 

Monoxide Limited Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

Nevada State Implementation Plan (SIP) 

revision submitted by the Nevada 

Department of Environmental Protection 

(NDEP). On September 27, 2010, the 

EPA redesignated the Las Vegas Valley 

area from nonattainment to attainment 

for the carbon monoxide (CO) national 

ambient air quality standard (NAAQS or 

‘‘standard’’) and approved the State’s 

CO maintenance plan ensuring the area 

would maintain the NAAQS for ten 

years through 2020. On June 18, 2019, 

NDEP submitted to the EPA a second 

10-year limited maintenance plan (LMP) 

for the Las Vegas Valley area for the CO 

NAAQS. The LMP addresses 

maintenance of the CO NAAQS for a 

second 10-year period ending in 2030. 

DATES: Any comments must arrive by 

September 1, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0166 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS