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 Environmental Protection Agency 40 CFR Part 52
[EPA-R09-OAR-2022-0106; FRL-9527-01-R9]
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Final rule.
 SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Clark County Department of Environment and Sustainability (DES) portion of the Nevada State Implementation Plan (SIP). These revisions concern the title change of the Clark County Department of Air Quality to the Department of Environment and Sustainability.
 DATES: These rules will be effective on June 21, 2022.
 ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2022-0106. 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 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. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On February 22, 2022 (87 FR 9475), the EPA proposed to approve the following rules into the Nevada SIP. Local agency
Rule No.
Rule title
Amended
SubmittedDES
Section 2
Procedures for Adoption and Revision of Regulations and for Inclusion of those Regulations in the State Implementation Plan
1/21/20
3/16/20DES
Section 33
Chlorine in Chemical Processes
1/21/20
3/16/20DES
Section 41
Fugitive Dust
1/21/20
3/16/20DES
Section 53
Oxygenated Gasoline Program
1/21/20
3/16/20DES
Section 90
Fugitive Dust from Open Areas and Vacant Lots
1/21/20
3/16/20DES
Section 93
Fugitive Dust from Paved Roads and Street Sweeping Equipment
1/21/20
3/16/20DES
Section 94
Permitting and Dust Control for Construction Activities
1/21/20
3/16/20
 We proposed to approve these rules because we determined that they comply with the relevant CAA requirements. Our proposed action contains more information on the rules and our evaluation. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received no adverse comments. We received one comment that did not object to the proposed action but expressed concerns about regional haze and air quality in Clark County. We do not consider the comment to be relevant to the specifics 
                    ( print page 30424)
                    of this action and therefore we will not be responding to it. III. EPA Action No comments were submitted that change our assessment of the rules as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving these rules into the Nevada SIP. The January 21, 2020 version of Rules 2, 33, 41, 53, 90, 93, and 94 will replace the previously approved version of these rules in the SIP. IV. 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 the DES rules listed in Section I of this preamble and set forth below in the amendments to 40 CFR part 52. These DES rules concern the title change of the Clark County Department of Air Quality to the Department of Environment and Sustainability. Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the 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 the EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.[1]
                    
                     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). V. 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
                Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
                Is not a significant regulatory action subject toExecutive 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, underExecutive 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 July 18, 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. 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: May 11, 2022. Martha Guzman Aceves, 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, in paragraph (c). amend Table 3 by a.Adding an entry for “Section 2” after the entry for “Section 2: Subsections 2.1, 2.2, and 2.3” and; b.Revising the entries for “Section 33,” “Section 41,” “Section 53,” “Section 90,” “Section 93,” and “Section 94””. The additions and revisions read as follows: § 52.1470
  
 (c) * * *
                            ( print page 30425) Table 3—EPA-Approved Clark County Regulations
County citation
Title/subject
County 
                                     effective  
                                     date
EPA approval date
Additional explanation*         *         *         *         *         *         *Section 2
Procedures for Adoption and Revision of Regulations and for Inclusion of those Regulations in the State Implementation Plan
1/21/20
[INSERT 
                                    **Federal Register**
                                     CITATION], 5/19/22
Submitted on March 16, 2020 as an attachment to a letter dated March 13, 2020.*         *         *         *         *         *         *Section 33
Chlorine in Chemical Processes
1/21/20
[INSERT 
                                    **Federal Register**
                                     CITATION], 5/19/22
Submitted on March 16, 2020 as an attachment to a letter dated March 13, 2020. See also clarification at 69 FR 54006 (9/7/04).Section 41
Fugitive Dust
1/21/20
[INSERT 
                                    **Federal Register**
                                     CITATION], 5/19/22
Submitted on March 16, 2020 as an attachment to a letter dated March 13, 2020.*         *         *         *         *         *         *Section 53
Oxygenated Gasoline Program
1/21/20
[INSERT 
                                    **Federal Register**
                                     CITATION], 5/19/22
Submitted on March 16, 2020 as an attachment to a letter dated March 13, 2020.*         *         *         *         *         *         *Section 90
Fugitive Dust from Open Areas and Vacant Lots
1/21/20
[INSERT 
                                    **Federal Register**
                                     CITATION], 5/19/22
Submitted on March 16, 2020 as an attachment to a letter dated March 13, 2020.*         *         *         *         *         *         *Section 93
Fugitive Dust from Paved Roads & Street Sweeping Equipment
1/21/20
[INSERT 
                                    **Federal Register**
                                     CITATION], 5/19/22
Submitted on March 16, 2020 as an attachment to a letter dated March 13, 2020.Section 94
Permitting & Dust Control for Construction Activities
1/21/20
[INSERT 
                                    **Federal Register**
                                     CITATION], 5/19/22
Submitted on March 16, 2020 as an attachment to a letter dated March 13, 2020.*         *         *         *         *         *         *


# Footnotes

1.
    
                         62 FR 27968 (May 22, 1997). Back to Citation


[FR Doc. 2022-10550 Filed 5-18-22; 8:45 am] BILLING CODE 6560-50-P