2002 National Emissions Inventory Data & Documentation
Inventory Documentation
Inventory Data
                         Explanation of File Formats

                         General Inventory Information
2002 National Emission Inventory (NEI) Preparation Plan - Final August 2004 (PDF 230K)
2002 National Emission Inventory (NEI) Briefing - March 2004 (PDF 1.15M)
                            Inventory Documentation
Point
Documentation for the Final 2002 Point Source National Emissions Inventory - July 2006 (PDF 270K)
Emission Inventory Quality Assurance and Data Augmentation for Point Sources - updated July 2006 (PDF 250K)
Documentation for the 2002 Electric Generating Unit (EGU) National Emissions Inventory (NEI) - September 2004 (PDF 125K)

Describes how EPA created emission estimates for EGUs for the draft 2002 NEI. These estimates remain in the Final 2002 point source file wherever State, Local, or Tribal submittals did not replace them.
Revision of the PM emissions from natural gas combustion in the final version of the 2002 NEI. - August 2005 (PDF 68K)
Point Source Augmentation Support Files (cited in Augmentation Report)
   *        EIS Code Look up tables Updated October 6, 2008
   *        Mercury Speciation (ZIP 30K) Updated December 19, 2006. Profiles were updated for 2002 NEI source categories including new data for mobile sources.
   *        NEI2005 Look up tables other than those included in EIS Code Look up Tables Updated April 4, 2009
   *        Toxicity weighting factors (MDB 290K) Updated January 10, 2007.
   *        Ratios to adjust PM (XLS 37K)
   *        Stack parameter defaults (MDB 1M)
   *        NEI Pollutant Codes with Chemical Identification Standard - Readme file (PDF 13K)
   *        NEI Pollutant Codes with Chemical Identification Standard (MDB 520K) January 2007
   *        CAP source category crosswalk (MDB 2.7M)
   *        HAP source category crosswalk (MDB 8M)
   *        PM augmentation ratios (ZIP 90MB) - Updated June 2007
   *        SCC emission release point crosswalk (MDB 188K)
   *        SIC/NAICS 3km ERP acceptable (MDB 130K)
   *        ZIP code tables (MDB 10M)
Nonpoint
Documentation For The Final 2002 Nonpoint Sector (Feb 06 Version) National Emission Inventory For Criteria And Hazardous Air Pollutants, including Appendix A: Criteria and HAP Emissions Estimation Methodology - Final, July 2006. (PDF 2.3M)
Appendix B: Electronic Appendix Containing Data Sets Used to Spatially Allocate National Activity Data and Emissions to Counties (MDB 7.5M)
Appendix C: Emission Factors and County-Level Activity Data Used to Calculate 2002 Emissions by Category (ZIP 4.4M)
Appendix D: Electronic Appendix Summary of Changes Made to State, Local, and Tribal (S/L/T) Inventory Data to Prepare the Draft 2002 and the Final Nonpoint Source NEI (XLS 1M)

Review of Wood Heater and Fireplace Emissions Factors - December 2006 (PDF 135K)
National Emission Inventory: Ammonia Emissions from Animal Agricultural Operations, Revised Draft Report - April 2005 (PDF 9K)
Solvent Mass Balance Approach For Estimating VOC Emissions From Eleven Nonpoint Solvent Source Categories - Draft March 28, 2005. (PDF 3.5M)

Mobile
Documentation Updates for 2002 Version 4 - November 2008.
Documentation For The Final 2002 Mobile National Emissions Inventory - Version 3 - September 2007. (PDF 986K)
Documentation For The Onroad National Emissions Inventory for Base Years 1970-2002 - January 2004. (PDF 265K)
Documentation For Aircraft, Commercial Marine Vessel, Locomotive, And Other Nonroad Components Of The National Emissions Inventory, Volume I - Methodology - September 2005. (PDF 700K)
Documentation For Aircraft, Commercial Marine Vessel, Locomotive, And Other Nonroad Components Of The National Emissions Inventory, Volume II - Supporting Documentation (PDF 17K)
General Aircraft References (PDF 11M)
General Commercial Marine Vessel References (PDF 6.5M)
General Locomotive References (PDF 4.7M)
General Other Nonroad References (PDF 20M)
                                Inventory Data
Point Sector Data - Version 3 of the 2002 NEI - The following zipped Access summary files were created in September 2007 and contain annual emissions in tons per year. if you have any questions, please contact Roy Huntley or<PHONE_NUMBER>. Questions on Hazardous Air Pollutants (HAPs) and the ALLNEI CAP file should be directed to Anne Pope or<PHONE_NUMBER>.
Point Facility Summary - For both CAPs and HAPs (18 MB)
SCC Summary - For both CAPs and HAPs at county, state and national level. (31 MB)
ALLNEI_HAP_Annual_01232008 - Point stack summary data for HAPs only (129 MB)
ALLNEICAP_Annual_11302007 - Point stack summary data for CAPs only (174 MB)
NEI_2002_Point_Facility_ID_History_01182008 - Facility identifiers, names and locations for sites in current and previous version of the NEI (Created 1/2008) (22 MB) If you have any questions, please contact Anne Pope or<PHONE_NUMBER>.
Nonpoint Sector Data - Version 3 of the 2002 NEI - The following zipped Access summary file was created in September 2007 and contain annual emissions in tons per year. If you have any questions, please contact Roy Huntley or<PHONE_NUMBER>.
SCC Summary - For both CAPs and HAPs at the national, state, and county level. (73 MB)
All Sector Data - Version 3 of the 2002 NEI - The following zipped Access file was created in October 2007 and contains Tier 1, Tier 2, and Tier 3 summaries for criteria polluntants only. Annual emissions are in tons per year. If you have any questions, please contact Roy Huntley or<PHONE_NUMBER>.

Tier Summary - County, State and National Level (52 MB)
Mobile Sector Data - Version 4 of the 2002 NEI - The following zipped Access files were created in September 2008. Annual emissions are in tons per year with zero emission values removed. Nonroad files include aircraft, locomotive, and commerical marine vessels. No code description are added to these files to limit the file size. SCC and pollutant descriptions are provided at EIS Code Tables. Point of contact for the Mobile Section is Laurel Driver or<PHONE_NUMBER>.

SCC Summary
Nonroad County 9 of 9 (354.53 MB)
Nonroad State and National (12.97 MB)
Onroad County 5 of 5 (209.38 MB)
Onroad National and State (17.98 MB)

Auxillary Files - NMIM National County Database (NCD) Files - The following files were created in July 2007. The zipped file contains the MySQL NCD tables and external files used to develop the 2002 NEI Version 3 emissions estimates.

NCD Files (181 MB)

2002 Nonroad Supplement GIS Data - For nonroad source categories, activity or fuel use data are not readily available for all counties in the U.S. Therefore, emissions often are calculated at the national level and allocated to individual counties based on appropriated surrogates. Often the surrogate data are available as Geographic Information System (GIS) data sets. Three sets of files are provided here which contain the GIS data used to spatially allocate emissions for aircraft, commerical marine vessels (CMV), and locomotives. All of the 2002 data used in this inventory effort were obtained from the Department of Transportation's Bureau of Transportation Statistics (BTS) or the FAA's Emissions Dispersion and Modeling System (EDMS)

2002 Nonroad Supplement GIS Data
Biogenic Sector Data
Biogenic Sector Data and Readme for biogenic data - The biogenic emissions data has not been updated since it was originally posted in March 2004. It has been moved to the Final 2002 NEI FTP site for your convenience.

                   National Emissions Inventory Input Format
NEI Code Tables
Posted Updates to Data
If you would like to submit comments or recommendations, please send an email to the Info Chief Help Desk at<EMAIL_ADDRESS>The subject should be "2002 final NEI comment." As time and resources permit the 2002 inventory will be updated and corrected. This information is also posted in the folder General_Inventory_Information on the FTP site.
   *                           February 23, 2006: Files related to the following areas of the NEI are not included in this release but will be available shortly:
         o                                 Emission estimates and documentation for CAP and HAP emissions from Wildfires and Managed Burns.
         o                                 Nonpoint sector documentation.
         o                                 Point sector documentation and QA augmentation report.
   *                           March 1, 2006:
         o                                 Readmes were added to national ASCII text files and reposted.
         o                                 SCC, SIC, and facility summary files for point sources were posted. CAP only.
         o                                 SCC summary files for nonroad and onroad mobile sources were posted. CAP only.
         o                                 SCC summary files for nonpoint sources were posted. CAP only.
         o                                 All sector (sources) Tier 1, 2 and 3 summary files were posted (all_sector_summary_data folder). CAP only.
   *                           March 9, 2006:
         o                                 The nonroad national ASCII zip file was reposted. The EM table was too large and was divided into two tables.
         o                                 The onroad and nonroad county summary files were reposted. Files containing the individual County-SCC-Pollutant Emissions values in tons per year for 2002 are being provided in a set of five tab-delimited ASCII format files, because a single file for the entire US is too large to be readable in most systems.
         o                                 The CAP nonroad and onroad SCC summary files were updated.
         o                                 The CAP point SCC and SIC summary files were updated.
         o                                 The CAP nonpoint SCC summary file was updated.
         o                                 The Tier 1 through Tier 3 CAP all sector files were updated.
   *                           March 15, 2006:
         o                                 Biogenic data from March 2004 was moved to 2002 NEI final FTP site. No changes were made to the data.
         o                                 A point source facility file was added to the point_sector_data which includes facility IDs and history from 1999 to 2002. A readme file is included with the zipped MS Access file.
         o                                 The augmentation report, NEI Quality Assurance and Data Augmentation for Point Sources, dated February 2005, was added to the inventory_documentation folder.
         o                                 Links to the NIF code tables and NOF structure specifications were added to this webpage in the table above.
   *                           March 22, 2006:
         o                                 The following point sector files were updated:
nei2002_point_state_summary.zip
nei2002_point_national_summary.zip
nei2002_point_county_summary.zip
nei2002_cap_sicsummary.zip
nei2002_cap_point_sccsummary.zip
nei2002_cap_facilitysummary.zip
         o                                 The following all sector files were updated:
nei2002_cap_all_sector_tier3annual_summary.zip
nei2002_cap_all_sector_tier2annual_summary.zip
nei2002_cap_all_sector_tier1annual_summary.zip
   *                           April 12, 2006:
         o                                 The following file was updated:
nei2002_point_detailed_data_040506.zip. Detailed national ASCII files prepared in NEI Output Format (NOF) - Data updated.
   *                           May 31, 2006:
         o                                 The following regional MS Access files prepared in NEI Output Format (NOF) were posted:
nofv3_msaccess2002_jan05_pointregion1.zip
nofv3_msaccess2002_jan05_pointregion2.zip
nofv3_msaccess2002_jan05_pointregion3.zip
nofv3_msaccess2002_jan05_pointregion4.zip
nofv3_msaccess2002_jan05_pointregion5.zip
nofv3_msaccess2002_jan05_pointregion6.zip
nofv3_msaccess2002_jan05_pointregion7.zip
nofv3_msaccess2002_jan05_pointregion8.zip
nofv3_msaccess2002_jan05_pointregion9.zip
nofv3_msaccess2002_jan05_pointregion10.zip
   *                           Oct 20, 2006:
         o                                 Summaries of changes between version 1 and version 2.
   *                           August 2, 2007
         o                                 2002 Aircraft emission estimates have been revised for lead, arsenic, and mercury and to place all airports at latitude/longitude (point source) locations. Please see the README file posted with the data.
   *                           October 15, 2007
         o                                 Point Facility Summary file for both CAPS and HAPs was posted
         o                                 Point SCC Summary file for both CAPs and HAPs at the county, state, and national level was posted
         o                                 Nonpoint SCC Summary file for both CAPs and HAPs at the county, state, and national level was posted
         o                                 Tier Summary file for CAP was posted
         o                                 Onroad/nonroad SCC summaries for CAP and HAP were posted.
   *                           October 22, 2008
         o                                 2002 Lead emissions at airports have been revised. The Technical Support Document (TSD) posted here provides the methodology used to estimate airport-specific lead emissions. The airport-specific lead estimates for 2002 are also provided in this TSD. The 2002 NEI does not include these updates. Subsequent NEI base years will incorporate the methods documented here.
   *                           November 18, 2008
         o                                 Onroad and Nonroad documentation updates for 2002 V4 were added.
         o                                 SCC Summaries for 2002 V4 replaced V3 Onroad and Nonroad


[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Notices]
[Pages 60015-60016]
[FR Doc No: 2011-24958]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2280-013; Project No. 13889-000]

FirstEnergy Generation Corporation; Seneca Nation of Indians;
Notice of Tribal Consultation Meeting

    The Commission will hold a Government to Government/Tribal
Consultation meeting on September 28, 2011, at 9:30 a.m. The meeting
will be held at the following location: Seneca Allegheny Administration
Building, 90 Ohio:yo' Way, Salamanca, NY 14779.
    The meeting will be transcribed by a court reporter, so that the
transcript can be placed in the record of this proceeding.
    If you have any questions, contact Gaylord Hoisington at (202) 502-
6032 or

<EMAIL_ADDRESS>for more information.

    Dated: September 21, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-24958 Filed 9-27-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Notices]
[Page 41641]
[FR Doc No: 2016-15255]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 In the Matter of Coastal Pacific Mining Corp. and Petaquilla
Minerals Ltd.; Order of Suspension of Trading

June 23, 2016.
    It appears to the Securities and Exchange Commission
(``Commission'') that there is a lack of current and accurate
information concerning the securities of Coastal Pacific Mining Corp.
(``CPMCF'' \1\) (CIK No. 1410181), an Alberta corporation located in
Calgary, Alberta, Canada with a class of securities registered with the
Commission pursuant to Securities Exchange Act of 1934 (``Exchange
Act'') Section 12(g) because it is delinquent in its periodic filings
with the Commission, having not filed any periodic reports since it
filed a Form 20-F for the period ended April 30, 2012. On March 19,
2015, the Commission's Division of Corporation Finance (``Corporation
Finance'') sent a delinquency letter to CPMCF requesting compliance
with its periodic filing requirements but CPMCF did not receive the
delinquency letter due to its failure to maintain a valid address on
file with the Commission as required by Commission rules (Rule 301 of
Regulation S-T, 17 CFR 232.301 and Section 5.4 of EDGAR Filer Manual).
As of June 16, 2016, the common stock of CPMCF was quoted on OTC Link
operated by OTC Markets Group Inc. (formerly ``Pink Sheets'') (``OTC
Link''), had six market makers, and was eligible for the ``piggyback''
exception of Exchange Act Rule 15c2-11(f)(3).
---------------------------------------------------------------------------

    \1\ The short form of each issuer's name is also its stock
symbol.
---------------------------------------------------------------------------

    It appears to the Commission that there is a lack of current and
accurate information concerning the securities of Petaquilla Minerals
Ltd. (``PTQMF'') (CIK No. 947121), a British Columbia corporation
located in Vancouver, British Columbia, Canada with a class of
securities registered with the Commission pursuant to Exchange Act
Section 12(g) because it is delinquent in its periodic filings with the
Commission, having not filed any periodic reports since it filed a Form
20-F for the period ended June 30, 2013. On September 30, 2015,
Corporation Finance sent a delinquency letter to PTQMF requesting
compliance with its periodic filing requirements but PTQMF did not
receive the delinquency letter due to its failure to maintain a valid
address on file with the Commission as required by Commission rules
(Rule 301 of Regulation S-T, 17 CFR 232.301 and Section 5.4 of EDGAR
Filer Manual). As of June 16, 2016, the common shares of PTQMF were
quoted on OTC Link, had six market makers, and were eligible for the
``piggyback'' exception of Exchange Act Rule 15c2-11(f)(3).
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on June 23, 2016, through 11:59 p.m.
EDT on July 7, 2016.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016-15255 Filed 6-23-16; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Proposed Rules]
[Pages 43461-43469]
[FR Doc No: 2021-16644]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0368; FRL-8716-01-R9 ]

Air Plan Approval; Nevada; Revisions to Clark County Ozone
Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the State of Nevada's state implementation plan
(SIP) for Clark County. The revision consists of an update to certain
elements of the maintenance plan for the Clark County air quality
planning area for the 1997 8-hour ozone national ambient air quality
standards (NAAQS or ``standards''), including certain emissions
inventories and motor vehicle emissions budgets. The EPA is proposing
to approve the SIP revision because the Clark County ozone maintenance
plan, as revised, continues to provide for maintenance of the 1997
ozone NAAQS and will not interfere with attainment or reasonable
further progress of the other NAAQS, and the motor vehicle emissions
budgets meet the applicable transportation conformity requirements.

DATES: Comments must be received on or before September 8, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0368, 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: Karina O'Connor, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105;
By phone:<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' refer to the EPA.

Table of Contents

I. What action is the EPA proposing?
II. Background
    A. NAAQS, SIPs, Designations, and Clark County
    B. 2008 and 2015 Ozone NAAQS
    C. Transportation Conformity and the 2018 Ozone Maintenance Plan
Revision
III. What did the State submit?
IV. Procedural Requirements for Adoption and Submittal of SIP
Revisions
V. The EPA's Evaluation of the 2020 Ozone Maintenance Plan Revision
    A. Emission Inventories
    B. Revised Motor Vehicle Emissions Budgets
    C. CAA Section 110(l) Evaluation
VI. Proposed Action and Request for Public Comment
VII. Statutory and Executive Order Reviews

I. What action is the EPA proposing?

    Under section 110(k) of the Clean Air Act (``Act'' or CAA), the EPA
is required to take action by approving, disapproving, or conditionally
approving, in whole or in part, SIPs and SIP revisions submitted by the
states. In today's action, the EPA is proposing to approve a SIP
revision titled ``Revision to Motor Vehicle Emissions Budgets for the
1997 Ozone NAAQS, Clark County, Nevada'' (August 2020) (herein,
referred to as the ``2020 Ozone Maintenance Plan Revision''), submitted
by the Nevada Division of Environmental Protection (NDEP) on September
30, 2020.\1\ The 2020 Ozone Maintenance Plan Revision updates certain
elements of the maintenance plan for Clark County for the 1997 ozone
NAAQS, including certain emissions inventories and the motor vehicle
emissions budgets (``budgets'' or MVEBs). The 2020 Ozone Maintenance
Plan Revision was prepared in response to the EPA's conditional
approval of the ``Revision to Motor Vehicle Emissions Budgets in Ozone
Redesignation Request and Maintenance Plan: Clark County,

Nevada'' (October 2018) (herein, referred to as the ``2018 Ozone
Maintenance Plan Revision'').\2\ The 2020 Ozone Maintenance Plan
Revision revises certain budgets from the 2018 Ozone Maintenance Plan
Revision to prevent interference with reasonable further progress or
attainment of the 2008 and 2015 ozone NAAQS. If the EPA takes final
action to approve the 2020 Ozone Maintenance Plan Revision, the revised
budgets will replace Clark County's existing budgets for the plan
horizon year (2022) for the 1997 ozone NAAQS. At that time, the
previously-approved budgets would no longer be applicable for
transportation conformity purposes, and the revised budgets would need
to be used beginning on the publication date of the EPA's final
approval in the Federal Register.\3\
---------------------------------------------------------------------------

    \1\ NDEP submitted the 2020 Ozone Maintenance Plan Revision
electronically on September 30, 2020, as an attachment to a
transmittal letter dated September 25, 2020.
    \2\ 84 FR 44699 (August 27, 2019).
    \3\ 40 CFR 93.118(f)(2)(v).
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II. Background

A. NAAQS, SIPs, Designations, and Clark County

    Under section 109 of the CAA, the EPA promulgates NAAQS for
pervasive air pollutants, such as ozone. The NAAQS are concentration
levels that, the attainment and maintenance of which, the EPA has
determined to be requisite to protect public health and welfare. Under
CAA section 107(d), the EPA must designate all areas of the country as
attainment, nonattainment or unclassifiable for new or revised NAAQS.
Section 110 of the CAA requires states to develop and submit SIPs to
implement, maintain, and enforce the NAAQS. Once a nonattainment area
has attained the NAAQS, the state may request redesignation of the area
from nonattainment to attainment, and the EPA grants such requests if
the criteria in CAA section 107(d)(3)(E) are met, including the
approval of a maintenance plan (under CAA section 175A) that
demonstrates how the area will maintain the NAAQS for at least 10 years
after the redesignation. Such former nonattainment areas that have been
redesignated to attainment are referred to as ``maintenance areas.''
    In 1997, the EPA replaced the 1-hour ozone \4\ NAAQS at a level of
0.12 parts per million (ppm) with an 8-hour ozone NAAQS at a level of
0.08 ppm (herein, the ``1997 ozone NAAQS'').\5\ In 2004, the EPA
designated a portion of Clark County as a ``Subpart 1'' nonattainment
area for the 1997 ozone NAAQS.\6\ In 2011, the EPA determined that the
Clark County 8-hour ozone nonattainment area had attained the 1997 8-
hour ozone NAAQS, based on complete, quality-assured, and certified
ambient air monitoring data that showed the area monitored attainment
of the 1997 ozone NAAQS for the 2007-2009 monitoring period.\7\
---------------------------------------------------------------------------

    \4\ Ground-level ozone pollution is formed from the reaction of
volatile organic compounds (VOC) and oxides of nitrogen
(NOX) in the presence of sunlight. These two pollutants,
referred to as ozone precursors, are emitted by many types of
sources, including on-and off-road motor vehicles and engines, power
plants and industrial facilities, and smaller area sources such as
lawn and garden equipment and paints.
    \5\ 62 FR 38856 (July 18, 1997) and 40 CFR 50.10.
    \6\ 69 FR 23858 (April 30, 2004) and 69 FR 55956 (September 17,
2004). The Clark County ozone nonattainment area for the 1997 ozone
NAAQS includes a significant portion of the unincorporated portions
of central and southern Clark County, as well as the cities of Las
Vegas, Henderson, North Las Vegas, and Boulder City. The ``Subpart
1'' classification meant that the area was subject solely to the
general nonattainment area requirements under subpart 1 of part D
(of title I) of the CAA rather than to the requirements under both
subparts 1 and the ozone-specific requirements under subpart 2.
Several years later, in response to litigation over the designations
for the 1997 ozone NAAQS, the EPA revised the classification of the
Clark County ozone nonattainment area from ``Subpart 1'' to
``Subpart 2/Marginal.'' 77 FR 28424 (May 14, 2012).
    \7\ 76 FR 17343 (March 29, 2011).
---------------------------------------------------------------------------

    In light of ambient monitoring data showing that the Clark County
ozone nonattainment area had attained the 1997 ozone NAAQS, NDEP
submitted a request to redesignate the Clark County ozone area from
nonattainment to attainment and submitted the ``Ozone Redesignation
Request and Maintenance Plan, Clark County, Nevada (March 2011)''
(herein, the ``2011 Ozone Maintenance Plan'') to the EPA for approval
as a revision to the Clark County portion of the Nevada SIP. Prepared
by the Clark County Department of Air Quality and Environmental
Management (currently named ``Department of Environment and
Sustainability'' (DES)),\8\ the 2011 Ozone Maintenance Plan includes
the required elements for maintenance plans, including an attainment
inventory, maintenance demonstration, monitoring network, verification
of continued attainment, contingency plan, and budgets.\9\ The 2011
Ozone Maintenance Plan demonstrates maintenance of the 1997 ozone NAAQS
through year 2022 by reference to emissions inventories developed for
years 2015 and 2022 that show emissions of volatile organic compounds
(VOC) and oxides of nitrogen (NOX) in those years would not
exceed the level of the corresponding emissions of the 2008 attainment
inventory. The 2011 Ozone Maintenance Plan established budgets for
NOX and VOC for years 2008, 2015, and 2022. The budgets were
derived from the on-road motor vehicle emissions estimates prepared
using the EPA's then-current on-road vehicle emissions model,
MOBILE6.2, and the most recent vehicle mix and activity data available
from the Regional Transportation Commission of Southern Nevada. In
2013, the EPA approved the 2011 Ozone Maintenance Plan and redesignated
the Clark County ozone nonattainment area to attainment for the 1997
ozone NAAQS.\10\
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    \8\ In the State of Nevada, NDEP is the Governor's designee for
adoption and submittal of SIPs and SIP revisions to the EPA. In
Clark County, the Clark County DES is responsible under state law
for regulation of most types of stationary sources within the county
and for development of local air quality plans. Once adopted by the
Clark County Board of County Commissioners, such county plans are
forwarded to NDEP for adoption and submittal to the EPA as revisions
to the Nevada SIP.
    \9\ Under the EPA's transportation conformity rule, at 40 CFR
93.101, budgets are defined as the portions of the total allowable
emissions that are allocated to on-road vehicle use that, together
with emissions from other sources in the area, will provide for RFP,
attainment or maintenance. The budgets serve as a ceiling on
emissions from an area's planned transportation system.
    \10\ 78 FR 1149 (January 8, 2013).
---------------------------------------------------------------------------

    Through adoption of the 2011 Ozone Maintenance Plan, Clark County
DES committed to maintaining an ambient air quality monitoring network
to verify the continued attainment of the 1997 ozone NAAQS in the Clark
County ozone maintenance area.\11\ At the present time, 10 monitoring
sites continuously monitor ambient concentrations of ozone within the
maintenance area. Since 2008, i.e., the year used for the attainment
inventory in the 2011 Ozone Maintenance Plan, ambient ozone
concentrations in Clark County have decreased. As shown in Table 1, 8-
hour ozone design values have decreased from 0.082 ppm in 2008 to 0.073
ppm in 2019.\12\ In more recent years, the design value has remained
relatively steady, varying little from year to year. Table 1 shows that
Clark County has maintained the 1997 ozone NAAQS through the first
seven years (2013 through 2019) of the first maintenance period.
---------------------------------------------------------------------------

    \11\ 2011 Ozone Maintenance Plan, 6-11.
    \12\ Under EPA regulations at 40 CFR 50.10 and appendix I, the
1997 ozone NAAQS is attained at a site when the 3-year average of
the annual fourth-highest daily maximum 8-hour average ozone
concentration is less than or equal to 0.08 ppm. This 3-year average
is referred to as the design value. When the design value is less
than or equal to 0.084 ppm (based on the rounding convention in 40
CFR part 50, appendix I) at each monitoring site within the area,
then the area is meeting the 1997 ozone NAAQS. The highest design
value among the various ozone monitoring sites represents the design
value for the area.

   Table 1--Eight-Hour Ozone Design Values for the Clark County Ozone
                       Maintenance Area, 2008-2020
------------------------------------------------------------------------
                                                           Design  value
                          Year                                 (ppm)
------------------------------------------------------------------------
2008....................................................           0.082
2009....................................................           0.078
2010....................................................           0.076
2011....................................................           0.075
2012....................................................           0.076
2013....................................................           0.077
2014....................................................           0.078
2015....................................................           0.075
2016....................................................           0.075
2017....................................................           0.074
2018....................................................           0.076
2019....................................................           0.073
2020....................................................           0.074
------------------------------------------------------------------------
Source: The EPA's 2017 and 2020 Ozone Design Values Reports at https://www.epa.gov/air-trends/air-quality-design-values#report. Note that
  design values reported for a given year reflect data from that year
  and the two previous years, e.g., the design value for 2008 reflects
  data from 2006-2008.

B. 2008 and 2015 Ozone NAAQS

    In 2008, the EPA lowered the ozone NAAQS to a level of 0.075 ppm,
8-hour average (herein, the ``2008 ozone NAAQS''),\13\ and in 2012, the
EPA designated all of the hydrographic areas within the State of Nevada
as ``Unclassifiable/Attainment'' for the 2008 ozone NAAQS.\14\ Because
all the hydrographic areas located entirely, or partially, within Clark
County were designated as unclassifiable/attainment for the 2008 ozone
NAAQS, no reasonable further progress (RFP) or attainment SIP revision
was required for any portion of the county.
---------------------------------------------------------------------------

    \13\ 73 FR 16436 (March 27, 2008) and 40 CFR 50.15.
    \14\ 77 FR 30088 (May 21, 2012). Hydrographic areas are those
that are shown on the State of Nevada Division of Water Resources'
map titled ``Water Resources and Inter-basin Flows'' (September
1971).
---------------------------------------------------------------------------

    In 2015, the EPA further lowered the ozone NAAQS to 0.070 ppm, 8-
hour average (herein the ``2015 ozone NAAQS'').\15\ In 2018, the EPA
designated the Las Vegas Valley portion of Clark County as a
``Marginal'' nonattainment area for the 2015 ozone NAAQS, effective
August 3, 2018.\16\ The nonattainment area designation for Las Vegas
Valley for the 2015 ozone NAAQS triggered the requirement for certain
SIP revisions under CAA section 182(a) and the EPA's related SIP
Requirements Rule promulgated at 40 CFR part 51, subpart CC.
---------------------------------------------------------------------------

    \15\ 80 FR 65292 (October 26, 2015) and 40 CFR 50.19.
    \16\ 83 FR 25776 (June 4, 2018).
---------------------------------------------------------------------------

C. Transportation Conformity and the 2018 Ozone Maintenance Plan
Revision

    The EPA's transportation conformity rule at 40 CFR part 93, subpart
A establishes the criteria and procedures that metropolitan planning
organizations (MPOs) and the U.S. Department of Transportation (DOT)
must use to determine whether transportation activities conform to the
SIP. Transportation conformity applies to areas that are designated
nonattainment and those former nonattainment areas that have been
redesignated to attainment and have a CAA section 175A maintenance plan
(``maintenance areas''), but does not apply to areas designated as
attainment or unclassifiable.\17\ In Clark County, the area's MPO, the
Regional Transportation Commission of Southern Nevada (RTC), and DOT
are the relevant transportation agencies that must determine the
conformity of transportation plans and transportation improvement plans
(TIPs) within Clark County.
---------------------------------------------------------------------------

    \17\ CAA section 176(c)(5).
---------------------------------------------------------------------------

    Under our transportation conformity rule, the latest approved or
adequate emissions budgets for a previous ozone NAAQS (i.e., the 2008
or the 1997 ozone NAAQS) must be used in conformity determinations for
the 2015 ozone NAAQS until emission budgets are established and found
adequate or are approved for the 2015 ozone NAAQS. Because the latest
approved or adequate emissions budgets for a previous ozone NAAQS for
Clark County are the approved budgets for the 1997 8-hour ozone NAAQS,
the RTC and DOT must use these budgets for conformity determinations
for the 2015 ozone NAAQS \18\ until they are replaced by updated
budgets for the 2015 ozone NAAQS.
---------------------------------------------------------------------------

    \18\ The EPA's guidance ``Transportation Conformity Guidance for
the South Coast II Court Decision'' (November 2018, EPA-20-B-18-
050), explains that while conformity requirements continue to apply
for the revoked 1997 ozone NAAQS, conformity can be demonstrated
without a regional emissions analysis for the 1997 ozone standard.
---------------------------------------------------------------------------

    In 2018, NDEP submitted the 2018 Ozone Maintenance Plan Revision as
a revision to the Clark County portion of the Nevada SIP. The 2018
Ozone Maintenance Plan Revision includes revisions to the attainment
inventory, the maintenance demonstration, and budgets in the 2011 Ozone
Maintenance Plan to reflect updated emissions models, vehicle mix and
speed data, and transportation activity projections. The 2018 Ozone
Maintenance Plan Revision revised the budgets for NOX and
VOC for years 2008, 2015, and 2022. The revised budgets were derived
from the on-road motor vehicle emissions estimates prepared using the
most recent version of the EPA's on-road vehicle emissions model
available at the time (MOVES2014a) and updated planning variables
(e.g., vehicle miles traveled projections and population forecasts)
from the RTC. The 2018 Ozone Maintenance Plan Revision was developed so
that the RTC and DOT would have updated budgets available to use for
transportation conformity determinations with respect to the 2015 ozone
NAAQS until budgets developed specifically for the 2015 ozone NAAQS are
adopted and found to be adequate or approved. In 2019, the EPA
conditionally approved the 2018 Ozone Maintenance Plan Revision as a
revision of the Clark County portion of the Nevada SIP.\19\
---------------------------------------------------------------------------

    \19\ 84 FR 44699 (August 27, 2019).
---------------------------------------------------------------------------

    In so doing, we found that the 2011 Ozone Maintenance Plan, as
revised by the updated attainment inventory and maintenance
demonstration in the 2018 Ozone Maintenance Plan Revision, continues to
provide for maintenance of the 1997 ozone NAAQS, and upon fulfillment
of the commitments made by NDEP and Clark County DES to reduce the
safety margin allocations for the budgets, will not interfere with RFP
or attainment of the other NAAQS in Clark County. In conditionally
approving the 2018 Ozone Maintenance Plan Revision, the EPA also found
adequate and conditionally approved the updated NOX and VOC
budgets for 2008, 2015, and 2022 for the 1997 ozone NAAQS based on our
conclusion that the updated budgets meet the applicable transportation
conformity requirements. The approval was conditional because it is
based on commitments by Clark County DES and NDEP to submit an
additional SIP revision to reduce the safety margin allocations for the
budgets in the 2018 Ozone Maintenance Plan Revision within one year of
this final conditional approval.
    In September 2020, NDEP submitted the 2020 Ozone Maintenance Plan
Revision to the EPA in fulfillment of the commitments made by Clark
County DES and NDEP in connection with the EPA's conditional approval
of the 2018 Ozone Maintenance Plan Revision. The 2020 Ozone Maintenance
Plan Revision is the subject to today's proposed action.

III. What did the State submit?

    On August 18, 2020, the Clark County Board of County Commissioners
adopted the 2020 Ozone Maintenance Plan Revision and forwarded the plan
to NDEP for adoption and submittal to the

EPA.\20\ On September 30, 2020, NDEP submitted the 2020 Ozone
Maintenance Plan Revision to the EPA as a revision to the Clark County
portion of the Nevada SIP.\21\ The 2020 Ozone Maintenance Plan Revision
also includes a technical support document (appendix A of the plan
revision) and documentation of the public review process (appendix B of
the plan revision).
---------------------------------------------------------------------------

    \20\ Clark County Board of County Commissioners Meeting, Meeting
Summary, October 16, 2018, 14 and 15.
    \21\ Letter dated September 25, 2020, from Greg Lovato,
Administrator, NDEP to Elizabeth Adams, Director, Air Division, EPA
Region IX, (submitted electronically on September 30, 2020 with
enclosures).
---------------------------------------------------------------------------

    Through the 2020 Ozone Maintenance Plan Revision, Clark County DES
is updating the emissions projections for the ozone maintenance plan
horizon year of 2022 based on the latest available emissions models,
vehicle mix and speed data, and transportation activity projections and
is revising the budgets for 2022 to reflect the updated projections for
that year and to include a reduced safety margin compared to the
corresponding budgets from the 2018 Ozone Maintenance Plan Revision.
The 2020 Ozone Maintenance Plan Revision also presents a new emissions
inventory for year 2017 that provides the basis to evaluate the new
budgets with respect to continued attainment of the 2008 ozone NAAQS
and progress towards attainment of the 2015 ozone NAAQS in Las Vegas
Valley.

IV. Procedural Requirements for Adoption and Submittal of SIP Revisions

    Sections 110(a)(1) and (2) and 110(l) of the CAA require a state to
provide reasonable public notice and opportunity for public hearing
prior to the adoption and submittal of a SIP or SIP revision. To meet
this requirement, every SIP submittal should include evidence that
adequate public notice was given and an opportunity for a public
hearing was provided consistent with the EPA's implementing regulations
in 40 CFR 51.102.
    The Clark County Board of County Commissioners and NDEP have
satisfied applicable statutory and regulatory requirements for
reasonable public notice and public hearing prior to adoption and
submittal of the 2020 Ozone Maintenance Plan Revision. In the September
30, 2020 SIP submittal,\22\ Clark County DES provided evidence of the
required public notice and opportunity for public comment prior to the
August 18, 2020 public hearing and adoption of the 2020 Ozone
Maintenance Plan Revision. Therefore, we find that the submittal of the
2020 Ozone Maintenance Plan Revision meets the procedural requirements
for public notice and hearing in CAA sections 110(a) and 110(l) and 40
CFR 51.102.
---------------------------------------------------------------------------

    \22\ Appendix B provides evidence that reasonable notice of a
public hearing was provided to the public and that a public hearing
was conducted prior to adoption. Specifically, notice of the
availability of, and opening of a 30-day comment period on the draft
ozone maintenance plan revision was published on June 25, 2020, on
the County's webpage. No comments were submitted.
---------------------------------------------------------------------------

V. The EPA's Evaluation of the 2020 Ozone Maintenance Plan Revision

    Clark County DES and NDEP submitted the 2020 Ozone Maintenance Plan
Revision to fulfill commitments made in connection with the EPA's
conditional approval of the 2018 Ozone Maintenance Plan Revision to
reduce the safety margin allocations in the budgets to ensure that the
Clark County ozone SIP will not interfere with RFP or attainment of the
2008 and 2015 ozone NAAQS consistent with CAA section 110(l). As
described further below, we have reviewed the 2020 Ozone Maintenance
Plan Revision for compliance with the relevant requirements for
maintenance plans under CAA section 175A and for noninterference under
CAA section 110(l), and we have evaluated the budgets in the 2020 Ozone
Maintenance Plan Revision for compliance with the budget adequacy
criteria in 40 CFR 93.118(e).

A. Emissions Inventories

    The 2020 Ozone Maintenance Plan Revision includes inventories of
emissions of ozone precursors (VOC and NOX) for years 2017
and 2022. The 2017 inventory provides estimates of actual emissions
that occurred in that year. Clark County DES selected 2017 as the base
year for the 2020 Ozone Maintenance Plan Revision for the following
reasons: It is the most recent year for which National Emissions
Inventory \23\ (NEI) emissions estimates were available at the time the
plan was being developed; it is an attainment year for the 2008 ozone
NAAQS; and it is the base year for SIP planning purposes for the 2015
ozone NAAQS. Clark County DES used the 2017 inventory to revise the
2022 emissions inventory from the 2018 Ozone Maintenance Plan Revision
based on the latest methods and planning assumptions.
---------------------------------------------------------------------------

    \23\ The NEI is a comprehensive and detailed estimate of air
emissions of criteria pollutants, criteria precursors, and hazardous
air pollutants from air emissions sources. The NEI is released every
three years based primarily upon data provided by State, Local, and
Tribal air agencies for sources in their jurisdictions and
supplemented by data developed by the EPA.
---------------------------------------------------------------------------

    As a general matter, base year emissions inventories must be (1)
consistent with the EPA's most recent guidance on emissions inventories
available at the time, (2) comprehensive, including emissions from
stationary point sources, area sources, nonroad mobile sources, and on-
road mobile sources, and (3) based on actual ``ozone season data''
(i.e., summertime) emissions.\24\
---------------------------------------------------------------------------

    \24\ In Clark County, Nevada, the highest ambient ozone
concentrations generally occur during the months of the year when
the highest temperatures occur--typically from May through
September. For SIP planning purposes, Clark County has selected
weekdays in the month of July as the basis to estimate typical
summertime weekday emissions.
---------------------------------------------------------------------------

    The 2017 year inventory in the 2020 Ozone Maintenance Plan Revision
is comprehensive in that it includes estimates of summertime average
weekday VOC and NOX emissions from all of the relevant
source categories, which the plan divides among point sources,\25\
nonpoint sources,\26\ commercial aviation, federal aviation (i.e.,
Nellis Air Force Base), on-road mobile, nonroad mobile, and biogenic
\27\ sources.\28\ For comparison, the 2018 Ozone Maintenance Plan
Revision did not include a 2017 inventory, but emissions for 2017 can
be interpolated from 2015 and 2022 emissions. Appendix A to the 2020
Ozone Maintenance Plan Revision contains source-specific descriptions
of emission calculation procedures and sources of input data used for
the update.
---------------------------------------------------------------------------

    \25\ The 2020 Ozone Maintenance Plan Revision uses the term,
``point sources,'' to refer to those stationary source facilities
that are required to report their emissions to Clark County DES or
NDEP.
    \26\ The 2020 Ozone Maintenance Plan Revision uses the term,
``nonpoint sources,'' to refer to those stationary and area sources
that fall below point source reporting levels and that are too
numerous or small to identify individually.
    \27\ For the 2020 Ozone Maintenance Plan Revision, ``biogenic
sources'' include the following: Agricultural crops; lawn grass;
forests that produce isoprene, monoterpene, alpha-pinene, and other
VOC emissions; and soils that generate trace amounts of
NOX.
    \28\ See Table 2-1 in the 2020 Ozone Maintenance Plan Revision.
---------------------------------------------------------------------------

    Table 2 below compares the 2017 inventory from the 2020 Ozone
Maintenance Plan Revision with the corresponding interpolated inventory
from the 2018 Ozone Maintenance Plan Revision. As shown in Table 2, the
change in the 2017 inventory in the 2020 Ozone Maintenance Plan
Revision is primarily due to the update to the on-road mobile source
category and the nonroad source category as well as a change in the
methodology for biogenic emissions.

                          Table 2--2017 Clark County Ozone Precursor Emission Inventory
                               [County-wide, average summer weekday, tons per day]
----------------------------------------------------------------------------------------------------------------
                                                           NOX emissions                   VOC emissions
                                                 ---------------------------------------------------------------
                 Source category                    2020 Ozone      2018 Ozone      2020 Ozone      2018 Ozone
                                                    maintenance     maintenance     maintenance     maintenance
                                                   plan revision   plan revision   plan revision   plan revision
----------------------------------------------------------------------------------------------------------------
Point source....................................           12.40           11.79            2.95            2.51
Nonpoint source.................................           7.651            5.68           62.56           59.94
Commercial aviation.............................           11.47           13.38            1.73            2.75
Federal aviation................................            0.50            1.77            0.24            1.04
On-road mobile..................................           46.96           53.65           29.47           28.49
Nonroad mobile..................................           37.45           24.78           28.25           30.36
Biogenic........................................            2.43            5.00          362.61          132.00
                                                 ---------------------------------------------------------------
    Total.......................................          118.86          116.06          487.81          257.09
----------------------------------------------------------------------------------------------------------------
Sources: 2018 Ozone Maintenance Plan Revision, interpolated values from Tables 2-1 and 2-2; 2020 Ozone
  Maintenance Plan Revision, Tables 2-1 and 2-2.

    With respect to on-road mobile source emissions, Clark County DES
updated the emissions estimates using MOVES2014b, RTC travel demand
modeling, and highway performance monitoring system data from the
Nevada Department of Transportation.\29\ Clark County DES also selected
the inventory mode, rather than the emission rate mode used in the 2018
Ozone Maintenance Plan Revision, with MOVES2014b emissions factors and
projected emissions for 2022 from 2017 rather than 2015. Generally, on-
road mobile source emissions estimates made using MOVES2014b are
similar to MOVES2014a. With respect to nonroad emissions sources, the
change in the 2017 emissions inventory is largely due to the use of the
nonroad module of MOVES2014b that was released in August 2018. Clark
County DES used default estimates from MOVES2014b for Clark County and
the most significant changes were in the two largest sectors:
construction and lawn/garden, which increased and decreased,
respectively. Overall, nonroad emissions are higher for NOX
but lower for VOC using MOVES2014b compared to using the nonroad module
of MOVES2014a.
---------------------------------------------------------------------------

    \29\ 2020 Ozone Maintenance Plan Revision, Appendix A, 4-12.
---------------------------------------------------------------------------

    Biogenic emissions for Clark County were developed using the EPA's
Biogenic Emission Inventory System \30\ (BEIS) version 3.61, which
replaced the Emissions of Gasses and Aerosols from Nature (MEGAN) model
used by Clark County DES for the 2011 Ozone Maintenance Plan \31\ and
the 2018 Ozone Maintenance Plan Revision. The BEIS model allows for
interactions between air quality and meteorology. In 2017, the EPA
updated the BEIS v3.61 to include the biogenic emissions landcover
database version 5 (BELD5) and the newer version of the forest
inventory and analysis version 8.0. This updated model improved the
biogenic VOC emissions estimates. Clark County DES used the updated
BEIS model, which is part of SMOKE 4.7 (Sparse Matrix Operator Kerner
Emissions) model, to generate the biogenic emissions for Clark
County.\32\ The results show a slight decrease in NOX and
large increase in VOC biogenic emissions relative to the corresponding
emissions estimates from the 2011 Ozone Maintenance Plan and 2018 Ozone
Maintenance Plan Revision.
---------------------------------------------------------------------------

    \30\ https://www.epa.gov/air-emissions-modeling/biogenic-emission-inventory-system-beis.
    \31\ 2011 Ozone Maintenance Plan, 6-4.
    \32\ 2020 Ozone Maintenance Plan Revision, 14.
---------------------------------------------------------------------------

    Based on our review of the emissions inventories (and related
documentation) from the 2020 Ozone Maintenance Plan Revision, we find
that the inventories for 2017 are comprehensive, that the methods and
assumptions used by Clark County DES to develop the 2017 emission
inventory are reasonable, and that the inventories reasonably estimate
actual ozone season emissions in 2017. Moreover, we find that the 2017
emissions inventories in the plan reflect the latest planning
assumptions and emissions models available at the time the 2020 Ozone
Maintenance Plan Revision was developed.
    To provide the basis for the comparison of future emissions with
the updated 2017 emissions, Clark County DES updated the 2022 emissions
inventories using the same approaches as described above for the 2017
emissions inventory. Clark County DES allocated the same amount of
emissions reductions credits (ERCs), for use in connection with the new
major stationary source permitting program, for 2022 as had been
allocated for that year in the 2018 Ozone Maintenance Plan Revision.
With respect to transportation conformity safety margins, as described
further in section V.B of this document, the Clark County DES
significantly reduced the safety margins that had been included in
budgets for the 2018 Ozone Maintenance Plan Revision. Table 3 below
compares the NOX and VOC emissions inventories,
respectively, for 2022 from the 2020 Ozone Maintenance Plan Revision
with the corresponding values from the 2018 Ozone Maintenance Plan
Revision.

                          Table 3--2022 Clark County Ozone Precursor Emission Inventory
                               [County-wide, average summer weekday, tons per day]
----------------------------------------------------------------------------------------------------------------
                                                           NOX emissions                   VOC emissions
                                                 ---------------------------------------------------------------
                 Source category                    2020 Ozone      2018 Ozone      2020 Ozone      2018 Ozone
                                                    maintenance     maintenance     maintenance     maintenance
                                                   plan revision   plan revision   plan revision   plan revision
----------------------------------------------------------------------------------------------------------------
Point source....................................           12.09           12.26            3.12            2.72

Nonpoint source.................................            7.57            5.04           62.58           59.49
Commercial aviation.............................           13.08           17.42            1.73            2.95
Federal aviation................................            1.97            2.26            0.82            0.95
On-road mobile..................................           29.16           27.02           20.92           17.12
Nonroad mobile..................................           24.93           17.50           26.71           28.52
Biogenic........................................            2.43            5.00          362.61          132.00
Emission reduction credits......................           22.23           22.23            0.43            0.43
Transportation conformity safety margins........            3.00           59.72            3.00           35.84
                                                 ---------------------------------------------------------------
    Total.......................................          116.46          168.45          484.92          280.02
----------------------------------------------------------------------------------------------------------------
Sources: 2018 Ozone Maintenance Plan Revision, Tables 2-1, 2-2 and 3-1; 2020 Ozone Maintenance Plan Revision,
  Tables 2-1, 2-2 and 3-1.

    As shown in Table 3, emissions for 2022 in the 2020 Ozone
Maintenance Plan Revision are similar to the corresponding emissions in
the 2018 Ozone Maintenance Plan Revision except for biogenic emissions.
Similar to the comparison of the emission inventories for the year
2017, differences are again primarily due to the updates to the on-road
mobile source category, the nonroad source category, and the change in
the methodology for biogenic emissions. The on-road mobile source
emission estimates in the 2020 Ozone Maintenance Plan Revision reflect
the most recent published data concerning vehicle registration data,
vehicle miles traveled (VMT) temporal distribution, VMT mix profiles,
vehicle speeds, and travel demand forecasts from RTC.\33\
---------------------------------------------------------------------------

    \33\ Key references used by Clark County DES include Eastern
Research Group's ``Clark County On-Road Vehicle Classification
Study,'' final report, June 29, 2018, and the Coordinating Research
Council's ``Improvement of Default Inputs for MOVES and SMOKE-MOVES,
final report, February 2017.
---------------------------------------------------------------------------

    Based on our review of the methods, assumptions, and data sources,
as described in Appendix A to the 2020 Ozone Maintenance Plan Revision,
we find that the Clark County DES estimates for 2017 and 2022 for the
various source categories to be based on the best available emissions
models and data sources, and thus to provide a reasonable basis upon
which to evaluate whether the area will continue to maintain the 1997
ozone NAAQS through 2022 and whether the revised budgets for 2022 in
the 2020 Ozone Maintenance Plan Revision would interfere with RFP or
attainment of the 2008 and 2015 ozone NAAQS.

B. Revised Motor Vehicle Emissions Budgets

    Section 176(c) of the CAA requires federal actions in nonattainment
and maintenance areas to conform to the SIP's goals of eliminating or
reducing the severity and number of violations of the NAAQS and
achieving timely attainment of the standards. Conformity to the SIP's
goals means that such actions will not: (1) Cause or contribute to
violations of a NAAQS, (2) worsen the severity of an existing
violation, or (3) delay timely attainment of any NAAQS or any interim
milestone.
    Under the transportation conformity rule, MPOs in nonattainment and
maintenance areas coordinate with state and local air quality and
transportation agencies, the EPA, the Federal Highway Administration,
and the Federal Transit Administration to demonstrate that an area's
regional transportation plans and TIPs conform to the applicable SIP.
This demonstration is typically done by showing that estimated
emissions from existing and planned highway and transit systems are
less than or equal to the budgets contained in all control strategy or
maintenance SIPs. Budgets are generally established for specific years
and specific pollutants or precursors. Ozone maintenance plans should
identify budgets for on-road emissions of ozone precursors
(NOX and VOC) in the area for the last year of the
maintenance period. Budgets may also be specified for additional years
during the maintenance period.
    For budgets to be approvable, they must meet the EPA's adequacy
criteria (40 CFR 93.118(e)(4) and (5)) and comply with all pertinent
SIP requirements. With respect to maintenance plans, to meet these
requirements, the budgets must be consistent with the maintenance plan
and reflect all the motor vehicle control measures contained in the
maintenance demonstration.\34\ The EPA's process for determining
adequacy of a budget consists of three basic steps: (1) Providing
public notification of a SIP submission; (2) providing the public the
opportunity to comment on the budget during a public comment period;
and, (3) making a finding of adequacy or inadequacy.\35\ We will
complete the adequacy review of the budgets in the 2020 Ozone
Maintenance Plan Revision concurrent with our final action on the 2020
Ozone Maintenance Plan Revision. The EPA is not required under its
transportation conformity rule to find budgets adequate prior to
proposing approval of them.\36\
---------------------------------------------------------------------------

    \34\ 40 CFR 93.118(e)(4)(iii), (iv) and (v). For more
information on the transportation conformity requirements and
applicable policies on budgets, please visit our transportation
conformity website at: http://www.epa.gov/otaq/stateresources/transconf/index.htm.
    \35\ 40 CFR 93.118(f)(2).
    \36\ Under the transportation conformity regulations, the EPA
may review the adequacy of submitted motor vehicle emission budgets
simultaneously with the EPA's approval or disapproval of the
submitted implementation plan. 40 CFR 93.118(f)(2).
---------------------------------------------------------------------------

    The 2020 Ozone Maintenance Plan Revision includes revised budgets
for VOC and NOX for the last year of the initial maintenance
period, i.e., 2022.\37\ The revised budgets from the 2020 Ozone
Maintenance Plan Revision are shown in Table 4 below and compared with
the corresponding budgets from the approved 2018 Ozone Maintenance

Plan Revision. As noted in section V.A of this document, Clark County
DES developed the revised budgets using the latest emissions model
(MOVES2014b) available at the time the 2020 Ozone Maintenance Plan
Revision was being developed, and the most recent travel activity
projections provided by the Nevada Department of Transportation and
RTC. Therefore, we find that the revised budgets reflect the most
recent planning forecasts and are based on the most recent emission
factor data and approved calculation methods.
---------------------------------------------------------------------------

    \37\ The 2020 Ozone Maintenance Plan Revision does not revise
the 2015 budgets from the 2018 Ozone Maintenance Plan Revision that
also included large safety margins; however, we note that, given the
passage of time, the 2015 budgets from the 2018 Ozone Maintenance
Plan Revision will no longer be used for conformity determinations
and thus the failure to reduce the safety margins of the 2015
budgets in the 2018 Ozone Maintenance Plan Revision is acceptable.
---------------------------------------------------------------------------

    A state may choose to allocate all or a portion of the safety
margin \38\ under the EPA transportation conformity rule so long as
such margins are explicitly quantified in the applicable plan and are
shown to be consistent with attainment or maintenance of the NAAQS
(whichever is relevant to the particular plan).\39\ For the 2020 Ozone
Maintenance Plan Revision, Clark County DES allocated a 3 tons per day
(tpd) safety margin for NOX and VOC in 2022 to the projected
on-road emissions estimates for NOX and VOC.
---------------------------------------------------------------------------

    \38\ In this context, ``safety margin'' means the amount by
which the total projected emissions from all sources of a given
pollutant are less than the total emissions that would satisfy the
applicable requirements for reasonable further progress, attainment
or maintenance. With respect to the 2020 Ozone Maintenance Plan
Revision, the safety margin is the difference between the projected
emissions in 2022 of NOX and VOC and the actual emissions
of NOX and VOC in the 2008 attainment year as updated in
the 2018 Ozone Maintenance Plan Revision. The anthropogenic
emissions (i.e., excluding biogenic emissions) of NOX and
VOC in 2008 were approximately 178 tons per day (tpd) and 157 tpd,
respectively. The 2020 Ozone Maintenance Plan Revision continues to
provide for maintenance of the 1997 ozone NAAQS because the
anthropogenic emissions of NOX and VOC in 2022 (including
the ERCs and transportation conformity safety margins) would be
approximately 114 tpd and 122 tpd, respectively, which is
substantially less than the emissions in the attainment year (2008)
for the 1997 ozone NAAQS.
    \39\ See 40 CFR 93.124(a).

                      Table 4--Clark County Year 2022 Ozone Motor Vehicle Emission Budgets
                                   [County-wide, average summer weekday, tpd]
----------------------------------------------------------------------------------------------------------------
                                                   2018 Ozone  maintenance  plan   2020 Ozone  maintenance  plan
                                                             revision                        revision
                 Source category                 ---------------------------------------------------------------
                                                        NOX             VOC             NOX             VOC
----------------------------------------------------------------------------------------------------------------
On-Road Mobile..................................           27.02           17.12           29.16           20.92
Transportation Conformity Safety Margins........           59.72           35.84            3.00            3.00
Budgets.........................................           86.74           52.96           32.16           23.92
----------------------------------------------------------------------------------------------------------------
Sources: 2018 Ozone Maintenance Plan Revision, Table 3-1; 2020 Ozone Maintenance Plan Revision, Table 3-1.

    As documented in a April 20, 2021 memorandum to the docket for this
rulemaking, we find that the budgets in the 2020 Ozone Maintenance Plan
Revision meet each adequacy criterion.\40\ In short, we reviewed the
budgets in the 2020 Ozone Maintenance Plan Revision and found that they
are consistent with the revised maintenance demonstration from the 2018
Ozone Maintenance Plan Revision; are based on control measures that
have already been adopted and implemented; and meet all other
applicable statutory and regulatory requirements including the adequacy
criteria in 40 CFR 93.1118(e)(4) and (5). Therefore, we are proposing
to approve the 2022 budgets in the 2020 Ozone Maintenance Plan
Revision. If we finalize our approval of the revised budgets in the
2020 Ozone Maintenance Plan Revision, as proposed, they will replace
the corresponding budgets for the 1997 ozone NAAQS from the 2018 Ozone
Maintenance Plan Revision that we previously found adequate and
conditionally approved for use in transportation conformity
determinations.
---------------------------------------------------------------------------

    \40\ Memorandum dated April 20, 2021, from Karina O'Connor, Air
Planning Office, EPA Region IX, ``Adequacy Documentation for Plan
Motor Vehicle Emission Budgets in August 2020 Clark County Revision
to Ozone Maintenance Plan.'' This memorandum has been uploaded to
the docket (EPA-R09-OAR-2021-0368) for this rulemaking.
---------------------------------------------------------------------------

C. CAA Section 110(l) Evaluation

    In relevant part, CAA section 110(l) provides that the EPA shall
not approve a SIP revision that would interfere with any applicable
requirement concerning attainment or RFP of any of the NAAQS or any
other applicable requirement of the CAA. The 2018 Ozone Maintenance
Plan Revision established budgets that are larger than those that were
previously approved from the 2011 Ozone Maintenance Plan. Thus,
approval of the 2018 Ozone Maintenance Plan Revision accommodated a
higher level of VOC and NOX emissions from on-road mobile
source emissions than would otherwise be allowed under the previous
budgets. In our approval of the 2018 Ozone Maintenance Plan Revision,
we evaluated the higher level of VOC and NOX emissions with
respect to the potential for interference with RFP and attainment of
the NAAQS for which VOC and NOX are precursors, namely, the
2008 and 2015 ozone NAAQS.\41\
---------------------------------------------------------------------------

    \41\ As a general matter, VOC and NOX are also
considered precursors for course particulate matter
(PM10) and fine particulate matter (PM2.5). In
our conditional approval of the 2018 Ozone Maintenance Plan
Revision, we concluded that the revised budgets, even with the
substantial safety margins, would not interfere with attainment or
maintenance of the PM10 or PM2.5 NAAQS. 84 FR
33035, at 33043-33044 (July 11, 2019) (proposed rule), finalized at
84 FR 44699 (August 27, 2019). Clark County is designated as
attainment for the PM10 NAAQS and unclassifiable/
attainment for the PM2.5 NAAQS. 40 CFR 81.329. In this
document, we are proposing approval of budgets that have been
revised to substantially reduce the safety margins, and thus, the
potential for interference with attainment or maintenance of the
PM10 or PM2.5 NAAQS is even less than it was
previously. As such, we find that approval of the 2020 Ozone
Maintenance Plan Revision would not interfere with attainment or
maintenance of the PM10 or PM2.5 NAAQS in
Clark County.
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    In our conditional approval of the 2018 Ozone Maintenance Plan
Revision, we determined that if the 2018 Ozone Maintenance Plan
Revision were revised to reduce the safety margin allocations to the
budgets such that total estimated emissions in 2022 (with the
allocations) would not exceed actual emissions in year 2017, then the
updated budgets would not interfere with reasonable further progress or
attainment of the 2008 and 2015 ozone NAAQS.
1. 2008 Ozone NAAQS
    As noted in Section II.B of this document, in 2012, the EPA
designated all the hydrographic areas within the State of Nevada as
unclassifiable/attainment for the 0.075 ppm 2008 ozone NAAQS based on
ambient ozone concentration data for years 2009-2011.\42\ After the
original designation, the 8-hour ozone design values within Clark
County exceeded the 2008 ozone

NAAQS for a few years but, since 2015, the design values have generally
returned to attainment levels for the 2008 ozone NAAQS. As shown in
Table 1, the design value in year 2017 was 0.074 ppm, which is
consistent with attainment of the 0.075 ppm 2008 ozone NAAQS. Thus,
emissions of VOC and NOX in 2017 represent conditions under
which Clark County meets the 2008 ozone NAAQS.
---------------------------------------------------------------------------

    \42\ Letter dated December 9, 2011, from Jared Blumenfeld,
Regional Administrator, EPA Region IX, to Brian Sandoval, Governor,
State of Nevada.
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    In recognition of the need to avoid interference with attainment of
the 2008 ozone NAAQS and progress toward attainment of the 2015 ozone
NAAQS, NDEP and Clark County DES committed to submit a SIP revision to
reduce the safety margin allocations to the 2022 budgets such that
total estimated emissions in 2022 (with the allocations) would not
exceed actual emissions in year 2017, a year in which Clark County was
attaining the 2008 ozone NAAQS.
    As shown in Table 2 of this document, the 2020 Ozone Maintenance
Plan Revision estimates year 2017 emissions in Clark County to be
approximately 119 tpd of NOX and 488 tpd of VOC. In 2022, as
shown in Table 3 of this document, the 2020 Ozone Maintenance Plan
Revision estimates year 2022 emissions in Clark County to be
approximately 116 tpd of NOX and 485 tpd of VOC, including
the allocated ERCs for stationary sources and transportation conformity
safety margins for on-road mobile sources. As such, ozone precursor
emissions in year 2022 under the 2020 Ozone Maintenance Plan Revision
would be less than those in 2017, a year in which Clark County was
attaining the 2008 ozone NAAQS. As such, we find that the 2020 Ozone
Maintenance Plan Revision would not interfere with attainment of the
2008 ozone NAAQS in Clark County.
2. 2015 Ozone NAAQS
    In 2018, the EPA designated the Las Vegas Valley (i.e.,
hydrographic area #212) as a Marginal nonattainment area for the 0.070
ppm 2015 ozone NAAQS based on ambient ozone concentration data for
years 2015-2017.\43\ The 2017 ozone design value is 0.074 ppm. To
attain the 0.070 ppm 2015 ozone NAAQS by the applicable Marginal area
attainment date, i.e., by August 3, 2021, VOC and NOX
emissions must decrease relative to those in 2017. NDEP and Clark
County DES committed to revise the 2018 Ozone Maintenance Plan Revision
and the associated safety margins for the budgets so that, the total
projected emissions (with the reduced safety margin allocations) in
year 2022 would be less than the actual emissions estimated for year
2017, the base year for implementation of the 2015 ozone NAAQS.
---------------------------------------------------------------------------

    \43\ EPA, ``Nevada, Las Vegas Nonattainment Area, Final Area
Designations for the 2015 Ozone National Ambient Air Quality
Standards, Technical Support Document (TSD).''
---------------------------------------------------------------------------

    With respect to the 2015 ozone NAAQS, we are finding that ozone
precursor emissions in year 2022 under the 2020 Ozone Maintenance Plan
Revision would be less than those in 2017, the base year for
implementation of the 2015 ozone NAAQS. As such, we find that the 2020
Ozone Maintenance Plan Revision would not interfere with RFP towards
attainment of the 2015 ozone NAAQS.

VI. Proposed Action and Request for Public Comment

    For the reasons discussed herein, under CAA section 110(k)(3), the
EPA is proposing to approve the 2020 Ozone Maintenance Plan Revision
submitted by NDEP on September 30, 2020, as a revision for the Clark
County portion of the Nevada SIP. We are proposing to approve the 2020
Ozone Maintenance Plan Revision because we find that the 2011 Ozone
Maintenance Plan, as revised by the 2018 Ozone Maintenance Plan
Revision, and as further revised by the 2020 Ozone Maintenance Plan
Revision, continues to provide for maintenance of the 1997 ozone NAAQS
and will not interfere with RFP or attainment of the other NAAQS in
Clark County. The EPA is also proposing to approve the updated budgets
for 2022 for the 1997 ozone NAAQS (shown in Table 4 of this document)
based on our conclusion that the updated budgets meet the applicable
transportation conformity and other CAA requirements.
    If the EPA takes final action to approve the 2020 Ozone Maintenance
Plan Revision as proposed, the revised budgets will replace the
corresponding approved budgets from the 2018 Ozone Maintenance Plan
Revision, and RTC and DOT must use the revised budgets for future
transportation conformity determinations for the 2015 ozone NAAQS until
motor vehicle emissions budgets for that ozone NAAQS are found adequate
or are approved.\44\
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    \44\ In addition, if we finalize this action as proposed, we
will be removing the conditional approval regulatory text found at
40 CFR 52.1475(a).
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    The EPA is soliciting public comments on the issues discussed in
this document. We will accept comments from the public on this proposal
for the next 30 days. We will consider these comments before taking
final action.

VII. 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 proposed action merely proposes to approve a state
plan as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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 (Public Law 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 disproportionate human health or environmental effects with
practical, appropriate, 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. The Las Vegas

Tribe of Paiute Indians of the Las Vegas Indian Colony has areas of
Indian country geographically located within the Clark County 1997
ozone maintenance area. 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, Incorporation by
reference, Intergovernmental regulations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 19, 2021.
Deborah Jordan,
Acting Regional Administrator, EPA Region IX.
[FR Doc. 2021-16644 Filed 8-6-21; 8:45 am]
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[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Rules and Regulations]
[Pages 41717-41719]
[FR Doc No: 2011-17759]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0537; FRL-9431-9]

Revisions to the California State Implementation Plan, South
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
South Coast Air Quality Management District (SCAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from consumer paint thinner &
multi-purpose solvents and metalworking fluids & direct-contact
lubricants. We are approving local rules that regulate these emission
sources under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on September 13, 2011 without further
notice, unless EPA receives adverse comments by August 15, 2011.
    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 comments, identified by docket number EPA-R09-OAR-
2011-0537, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the online instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through  http://www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed at http://www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Adrianne Borgia, EPA Region IX, (415)
972-3576<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agencies and submitted by the California
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
               Local agency                   Rule No.             Rule title             Amended     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD....................................         1143  Consumer Paint Thinner &           12/3/10      4/5/11.
                                                          Multi-Purpose Solvents.

SCAQMD....................................         1144  Metal Working Fluids & Direct-      7/9/10      4/5/11.
                                                          Contact Lubricants.
----------------------------------------------------------------------------------------------------------------

    On May 6, 2011, EPA determined that both submittals met the
completeness criteria in 40 CFR part 51 Appendix V, which must be met
before formal EPA review.

B. Are there other versions of these rules?

    There are no previous versions of SCAQMD Rule 1143 in the SIP. We
approved an earlier version of SCAQMD Rule 1144 into the SIP on 7/14/
2010 (75 FR 40726).

C. What is the purpose of the submitted rules?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions. Both SCAQMD Rule 1143
and Rule 1144 limit emissions of VOC from the application of thinners,
solvents, metal-working fluids and direct-contact lubricants. EPA's
technical support documents (TSDs) have more information about these
rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). SCAQMD regulates an ozone
nonattainment area (see 40 CFR part 81), so SCAQMD Rule 1143 and Rule
1144 must fulfill RACT.
    Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. CARB's Consumer Products Regulation, Title 17, California Code
of Regulations (CCR), Division 3, Chapter 1, Subchapter 8.5, Article 2,
Sections 94507-94517.
    4. EPA's model VOC rule guidance titled, ``Model Volatile
OrganicCompound Rules for Reasonably Available Control Technology''
(June 1992).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT and SIP relaxations. The TSDs
have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by August 15, 2011, 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 September 13, 2011. This will incorporate
these rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. 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, 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 Order
12866 (58 FR 51735, October 4, 1993);
     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 EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that

it will not impose substantial direct costs on tribal governments or
preempt tribal law.
    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 rules,
to each House of the Congress and to the Comptroller General of the
United States. 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).
    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 of
today's Federal Register, rather than file an immediate petition for
judicial review of this direct final rule, so that 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, Incorporation by
reference, Reporting and recordkeeping requirements, Volatile organic
compounds.

    Dated: June 22, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(388) to read as
follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (388) New and amended regulations for the following APCD were
submitted on April 5, 2011, by the Governor's Designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1143, ``Consumer Paint Thinners & Multi-Purpose
Solvents,'' Amended December 3, 2010.
    (2) Rule 1144, ``Metalworking Fluids and Direct-Contact
Lubricants,'' Amended on July 9, 2010.
* * * * *
[FR Doc. 2011-17759 Filed 7-14-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 23, 2010 (Volume 75, Number 162)]
[Notices]
[Page 51833]
[DOCID:fr23au10-93]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1931-DR; Docket ID FEMA-2010-0002]

Texas; Amendment No. 1 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Texas (FEMA-1931-DR), dated
August 3, 2010, and related determinations.

DATES: Effective Date: August 13, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Texas is hereby amended to include the following areas
among those areas determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
August 3, 2010.

    Cottle, Floyd, Foard, Garza, Lamb, Lubbock, Lynn, Motley and
Terry Counties for Public Assistance.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-20762 Filed 8-20-10; 8:45 am]
BILLING CODE 9111-23-P