Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Rules and Regulations 23765 

1NDEP submitted amended Clark County DES 

Section 4 to the EPA electronically on March 16, 

2020, as an attachment to a letter dated March 13, 

2020. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0173; FRL–9702–02– 

R9] 

Air Plan Approval; Nevada; Clark 

County Department of Environment 

and Sustainability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Clark County Department of 

Environment and Sustainability (DES) 

portion of the Nevada State 

Implementation Plan (SIP). This 

revision clarifies and amends an 

administrative rule consistent with 

changes to state statutes and county 

code. 

DATES: This rule is effective on June 21, 

2022 without further notice, unless the 

EPA receives adverse comments by May 

23, 2022. If we receive such comments, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2022–0173 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

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

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. If you need 

assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

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

email at vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule revision? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. Public Comment and Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

action with the dates that it was adopted 

by the Clark County DES and submitted 

by the Nevada Division of 

Environmental Protection (NDEP). 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Revised Submitted 

Clark County DES ......................................... Section 4 .......... Control Officer ............................................... 12/17/19 3/16/20 1

On September 16, 2020, the submitted 

rule in Table 1 was deemed to be 

complete by operation of law to meet 

the completeness criteria in 40 CFR part 

51 Appendix V, which must be met 

before formal EPA review. 

B. Are there other versions of this rule? 

We approved an earlier version of 

Section 4, Subsections 4.1–4.11 

(excluding subsection 4.7.3), into the 

SIP on August 27, 1981 (46 FR 43141); 

Subsection 4.7.3 on June 18, 1982 (47 

FR 26386); and Subsections 4.12, 4.12.1, 

4.12.2 and 4.12.3 on August 27, 1981 

(46 FR 43141). The Clark County DES 

adopted revisions to the SIP-approved 

version on December 17, 2019, and 

NDEP submitted it to us on March 16, 

2020. 

C. What is the purpose of the submitted 

rule revision? 

Clark County DES Section 4 provides 

the Control Officer with certain 

authorities and establishes certain 

duties that the Control Officer must 

fulfill. The authorities covered in 

Section 4 include such authorities as the 

authority to enter and inspect any 

property where emissions sources are 

located, the authority to require owners 

or operators of stationary sources to 

provide emissions-related information 

and the authority to require source 

testing. Duties under Section 4 include, 

among others, the duty to initiate 

enforcement proceedings (under certain 

circumstances) and the duty to notify 

the public on a regular basis of instances 

or areas in which any ambient air 

quality standard was exceeded during 

any portion of the preceding calendar 

year. The purpose of this submitted rule 

revision is to clarify the authorities and 

duties of the Control Officer and to 

conform Section 4 with related changes 

made to the Nevada Revised Statutes 

(NRS) and to Clark County Code. 

The EPA’s technical support 

document (TSD) and submitted staff 

report have more information about 

these rules. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

As a general matter, rules in the SIP 

must be enforceable (see CAA section 

110(a)(2)), must not interfere with 

applicable requirements concerning 

attainment and reasonable further 

progress or other CAA requirements (see 

CAA section 110(l)), and must not 

modify certain SIP control requirements 

in nonattainment areas without 

ensuring equivalent or greater emissions 

reductions (see CAA section 193). This 

SIP revision involves an administrative 

rule that establishes authorities to take 

certain actions necessary to enforce SIP 

emissions limitations and establishes 


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23766 Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Rules and Regulations 

2Upon the effective date of this final action, Clark 

County DES Section 4 will supersede existing Clark 

County District Board of Health Air Pollution 

Control Regulation Section 4, approved at 46 FR 

43141 (August 27, 1981) and at 47 FR 26386 (June 

18, 1982), in the applicable SIP. 3 62 FR 27968 (May 22, 1997). 

certain obligations to initiate 

enforcement proceedings and to notify 

the public of certain air-quality-related 

information. Relevant regulatory 

provisions include 40 CFR 51.230 

(‘‘Requirements for all plans’’) and 40 

CFR 51.285 (‘‘Public notification’’). 

Guidance and policy documents that 

we generally use to evaluate 

enforceability, revision/relaxation and 

rule stringency requirements for the 

applicable criteria pollutants include 

the following: 

1. ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title I of 

the Clean Air Act Amendments of 1990,’’ 57 

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

(April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ 

EPA, May 25, 1988 (the Bluebook, revised 

January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies,’’ 

EPA Region 9, August 21, 2001 (the Little 

Bluebook). 

B. Does the rule meet the evaluation 

criteria? 

This rule is consistent with CAA 

requirements and the relevant 

regulatory provisions at 40 CFR 51.230 

and 40 CFR 51.285. The TSD has more 

information on our evaluation. 

C. Public Comment and Final Action 

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

the Act, the EPA is fully approving the 

submitted rule because we believe it 

fulfills all relevant requirements.2 We 

do not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, we 

are simultaneously proposing approval 

of the same submitted rule elsewhere in 

this issue of the Federal Register. If we 

receive adverse comments by May 23, 

2022, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that the direct final 

approval will not take effect and we will 

address the comments in a subsequent 

final action based on the proposal. If we 

do not receive timely adverse 

comments, the direct final approval will 

be effective without further notice on 

June 21, 2022. This will incorporate the 

rule into the federally enforceable SIP. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of Clark 

County DES Section 4 described in 

Section I of this preamble and set forth 

below in the amendments to 40 CFR 

part 52. Therefore, this material has 

been approved by EPA for inclusion in 

the State Implementation Plan, have 

been incorporated by reference by EPA 

into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of EPA’s approval, and 

will be incorporated by reference in the 

next update to the SIP compilation.3

The EPA has made, and will continue 

to make, these documents available 

through www.regulations.gov and at the 

EPA Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves 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 Clean Air Act; 

and 

• Does not provide the 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 the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 21, 2022. 

Filing a petition for reconsideration by 

the Administrator of this final rule 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 such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 


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Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Rules and Regulations 23767 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

the EPA can withdraw this direct final 

rule and address the comment in the 

proposed rulemaking. 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 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur Oxides, Volatile 

organic compounds. 

Dated: April 13, 2022. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

Part 52, Chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart DD—Nevada 

■ 2. In § 52.1470(c), Table 3 is amended 

by revising the entry for ‘‘Section 4: 

Subsections 4.1–4.11 (excluding 

subsection 4.7.3)’’ and removing the 

entries for ‘‘Section 4 (Control Officer): 

Subsection 4.7.3’’ and ‘‘Section 4 

(Control Officer): Subsections 4.12, 

4.12.1–4.12.3’’ to read as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 3—EPA-APPROVED CLARK COUNTY REGULATIONS

County citation Title/subject County 

effective date EPA approval date Additional explanation 

*******

Section 4 ................ Control Officer ..................... 12/17/19 [INSERT Federal Register 

CITATION], 4/21/22.

Submitted electronically on March 16, 

2020, as an attachment to a letter dated 

March 13, 2020. 

* * * * * * * 

* * * * * 

[FR Doc. 2022–08422 Filed 4–20–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 220414–0097; RTID 0648– 

XB848] 

Fisheries of the Northeastern United 

States; Monkfish Fishery; 2022 

Monkfish Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: We are implementing 

specifications for the 2022 monkfish 

fishery. This action is necessary to 

ensure allowable monkfish harvest 

levels that will prevent overfishing and 

allow harvesting of optimum yield. This 

action is intended to establish the 

allowable 2022 harvest levels, 

consistent with the Monkfish Fishery 

Management Plan and previously 

announced multi-year specifications. 

DATES: The final specifications for the 

2022 monkfish fishery are effective May 

1, 2022, through April 30, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Spencer Talmage, Fishery Management 

Specialist, (978) 281–9232. 

SUPPLEMENTARY INFORMATION: The New 

England and Mid-Atlantic Fishery 

Management Councils jointly manage 

the monkfish fishery. The Monkfish 

Fishery Management Plan includes a 

specifications process that requires the 

Councils to recommend quotas on a 

triennial basis. This action finalizes 

2022 specifications approved by the 

Councils in Framework Adjustment 12 

to the Monkfish Fishery Management 

Plan, which included specifications for 

fishing years 2020–2022. 

On September 17, 2020, we approved 

Framework 12 measures for the 2020 

fishing year (85 FR 57986), based on a 

recent stock assessment update and 

consistent with the New England 

Council’s Scientific and Statistical 

Committee recommendations. At that 

time, we also projected a continuation 

of those same specifications for 2021 

and 2022. Final 2022 total allowable 

landings in both the Northern and 

Southern Fishery Management Areas are 

summarized in Table 1. These 2022 

measures are the same as those 

implemented in 2020 and 2021. All 

other requirements remain the same. 

TABLE 1—MONKFISH SPECIFICATIONS FOR FISHING YEAR 2022 

[In metric tons] 

Catch limits Northern area Southern area 

Acceptable Biological Catch ..................................................................................................................... 8,351 ..................... 12,316. 

Annual Catch Limit ................................................................................................................................... 8,351 ..................... 12,316. 

Management Uncertainty .......................................................................................................................... 3 percent ............... 3 percent. 

Annual Catch Target (Total Allowable Landings + discards) ................................................................... 8,101 ..................... 11,947. 

Discards .................................................................................................................................................... 1,477 ..................... 6,065. 

Total Allowable Landings .................................................................................................................. 6,624 ..................... 5,882. 


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