Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Rules and Regulations 30423 

§ 52.1170 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date 

EPA approval date Comments 

*******

Infrastructure 

*******

Section 110(a)(2) infrastructure 

requirements for the 2015 

ozone NAAQS.

Statewide ............. 3/8/2019 5/19/2022, [INSERT 

Federal Register 

CITATION].

Approved CAA elements: 110(a)(2)(A), (B), (C), 

(D)(i)(II) Prong 3, D(ii), (E)(i), (F), (G), (H), (J), (K), 

(L), and (M). Disapproved CAA element 

110(a)(2)(D)(i)(II) Prong 4. No action on CAA element 110(a)(2)(D)(i)(I) and 110(1)(2)(E)(ii). 

* * * * * * * 

* * * * * 

[FR Doc. 2022–10671 Filed 5–18–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0106; FRL–9527–01– 

R9] 

Air Plan Approval; Nevada; Clark 

County Department of Environment 

and Sustainability 

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 Submitted 

DES ................... Section 2 .......... Procedures for Adoption and Revision of Regulations and for Inclusion 

of those Regulations in the State Implementation Plan.

1/21/20 3/16/20 

DES ................... Section 33 ........ Chlorine in Chemical Processes ............................................................... 1/21/20 3/16/20 

DES ................... Section 41 ........ Fugitive Dust ............................................................................................. 1/21/20 3/16/20 

DES ................... Section 53 ........ Oxygenated Gasoline Program ................................................................. 1/21/20 3/16/20 

DES ................... Section 90 ........ Fugitive Dust from Open Areas and Vacant Lots ..................................... 1/21/20 3/16/20 

DES ................... Section 93 ........ Fugitive Dust from Paved Roads and Street Sweeping Equipment ......... 1/21/20 3/16/20 

DES ................... 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 


jspears on DSK121TN23PROD with RULES1
30424 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

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 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 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 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Rules and Regulations 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. 

*******

* * * * * 

[FR Doc. 2022–10550 Filed 5–18–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2016–0013; FRL–9738–01– 

OCSPP] 

Flonicamid; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of the insecticide 

flonicamid, including its metabolites 

and degradates, in or on small fruit vine 

climbing (except fuzzy kiwifruit), 

subgroup 13–07F at 3 parts per million 

(ppm). In addition, this regulation 

amends the existing tolerance for 

residues of flonicamid, including its 

metabolites and degradates, in or on 

alfalfa, hay, by increasing the current 

tolerance from 1.0 ppm to 7 ppm. ISK 

Biosciences Corporation requested 

tolerances for these commodities under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective May 

19, 2022. Objections and requests for 

hearings must be received on or before 

July 18, 2022 and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2016–0013, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

open to visitors by appointment only. 

For the latest status information on 

EPA/DC services and access, visit 

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

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Acting Director, 

Registration Division (7505T), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460; 

main telephone number: (202) 566– 

1030; email address: RDFRNotices@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 


jspears on DSK121TN23PROD with RULES1