[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Proposed Rules]
[Pages 43764-43772]
[FR Doc No: 2022-15674]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2022-0525; FRL-9961-01-R9]

Finding of Failure To Attain and Reclassification of Las Vegas
Area as Moderate for the 2015 Ozone National Ambient Air Quality
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Las Vegas, Nevada nonattainment area (``Las Vegas'')
for the 2015 ozone National Ambient Air Quality Standard (NAAQS) failed
to attain by its applicable ``Marginal'' area attainment date of August
3, 2021. The effect of failing to attain by the attainment date is that
Las Vegas will be reclassified by operation of law to ``Moderate'' upon
the effective date of the final reclassification notice. Consequently,
the Nevada Division of Environmental Protection (NDEP) must submit
state implementation plan (SIP) revisions required to satisfy the
statutory and regulatory requirements for Moderate areas for the 2015
ozone NAAQS. The EPA is proposing deadlines for submission of those SIP
revisions and implementation of the related control requirements. This
action, if finalized as proposed, will fulfill the EPA's statutory
obligation to determine whether the Las Vegas ozone nonattainment area
attained the NAAQS by the attainment date.

DATES: Comments must be received on or before August 22, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0525, at https://www.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 our 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 protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' means the EPA.

Table of Contents

I. Background

    A. What is the background for the proposed actions?
    B. Overview of Proposal
    C. What is the statutory authority for the proposed actions?
    D. How does the EPA determine whether an area has attained the
2015 ozone standard?
II. What is the EPA proposing and what is the rationale?
    A. Evaluation of Design Value Data and Exceptional Events
Documentation
    B. Extension of the Marginal Area Attainment Date
    C. Determination of Failure To Attain and Reclassification
    D. Moderate Area Requirements and Proposed Schedule
    1. Required Submission Elements
    a) RACM and RACT
    b) Vehicle Inspection and Maintenance (I/M)
    2. SIP Submission and Implementation Deadline
    E. Summary of Proposed Action
III. Statutory and Executive Order Reviews

I. Background

A. What is the background for the proposed actions?

    The CAA requires the EPA to establish primary and secondary NAAQS
for certain pervasive pollutants that ``may reasonably be anticipated
to endanger public health and welfare.'' The primary NAAQS is designed
to protect public health with an adequate margin of safety, and the
secondary NAAQS is designed to protect public welfare and the
environment. The EPA has set NAAQS for six common air pollutants,
referred to as criteria pollutants, including ozone. The NAAQS
represent the air quality levels an area must meet to comply with the
CAA. Ozone is a gas composed of three oxygen atoms and is created by
chemical reactions between volatile organic compounds (VOC) and oxides
of nitrogen (NOX) in the atmosphere in the presence of
sunlight. Ground-level ozone can harm human health and the environment.
Ozone exposure has been associated with increases in susceptibility to
respiratory infections, medication use by asthmatics, doctor visits,
and emergency department visits and hospital admissions for individuals
with respiratory disease. Ozone exposure may also contribute to
premature death, especially in people with heart and lung disease.
    In October 2015, the EPA strengthened the primary and secondary
eight-hour ozone NAAQS from 0.075 parts per million (ppm) to 0.070 ppm
(``2015 ozone NAAQS'').\1\ In accordance with section 107(d) of the
CAA, the EPA must designate an area ``nonattainment'' if it is
violating the NAAQS or if it is contributing to a violation of the
NAAQS in a nearby area. With respect to the ozone NAAQS, the EPA
further classifies nonattainment areas as ``Marginal,'' ``Moderate,''
``Serious,'' ``Severe,'' or ``Extreme,'' depending upon the ozone
design value for an area.\2\ As a general matter, higher classified
ozone nonattainment areas are subject to a greater number of, and more
stringent, CAA planning requirements than lower classified areas but
are allowed more time to demonstrate attainment of the ozone NAAQS.\3\
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    \1\ 80 FR 65291 (October 26, 2015).
    \2\ See CAA section 181(a)(1). For the 2015 ozone NAAQS, the
design value at each monitoring site is the annual fourth-highest
daily maximum 8-hour average ozone concentration, averaged over
three years. The design value for an area is the highest design
value among the monitoring sites in the area.
    \3\ See, generally, subpart 2 of part D of title I of the CAA.
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    Effective August 3, 2018, the EPA designated and classified the Las
Vegas portion of Clark County as a ``Marginal'' nonattainment area for
the 2015 ozone NAAQS.\4\ The EPA's classification of Las Vegas as a
Marginal ozone nonattainment area established a requirement that the
area attain the 2015 ozone NAAQS as expeditiously as practicable, but
no later than three years from the date of designation as
nonattainment, i.e., August 3, 2021.\5\
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    \4\ 83 FR 25776 (June 4, 2018).
    \5\ See 40 CFR 51.1303(a).
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B. Overview of Proposal

    The EPA is required to determine whether areas designated
nonattainment for an ozone NAAQS attained the standard by the
applicable attainment date, and to take certain steps for areas that
failed to attain.\6\ For a concentration-based standard, such as the
2015 ozone NAAQS,\7\ a determination of attainment is based on a
nonattainment area's design value.\8\
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    \6\ See CAA section 181(b)(2).
    \7\ Because the 2015 primary and secondary NAAQS for ozone are
identical, for convenience, the EPA refers to them in the singular
as ``the 2015 ozone NAAQS'' or as ``the standard.''
    \8\ A design value is a statistic used to compare data collected
at an ambient air quality monitoring site to the applicable NAAQS to
determine compliance with the standard. The design value for the
2015 ozone NAAQS is the 3-year average of the annual fourth highest
daily maximum 8-hour average ozone concentration. The design value
is calculated for each air quality monitor in an area and the area's
design value is the highest design value among the individual
monitoring sites in the area.
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    The 2015 ozone NAAQS is met at an ambient monitoring site when the
design value does not exceed 0.070 parts per million (ppm). For areas
classified as Marginal nonattainment for the 2015 ozone NAAQS, the
attainment date is August 3, 2021. Because the design value is based on
the three most recent, complete calendar years of data, attainment must
occur no later than December 31 of the year prior to the attainment
date (i.e., December 31, 2020, in the case of Marginal nonattainment
areas for the 2015 ozone NAAQS). As such, the EPA's proposed
determination is based upon the complete, quality-assured, and
certified ozone monitoring data from calendar years 2018, 2019, and
2020.
    On November 30, 2020, the Clark County Department of Environment
and Sustainability (DES) submitted an initial notification for an
intended exceptional event (EE) demonstration, and on July 1, 2021,
submitted EE demonstrations for 2 days in 2018 and 6 days in 2020 with
exceedances of the standard. On September 2, 2021, the Clark County DES
submitted additional EE demonstrations for 13 days in 2018 and for 7
days in 2020. The EPA's actions on these demonstrations affect the
determinations of attainment by the attainment date for the Las Vegas
area.\9\ The EE initial notifications, EE demonstrations, and the EPA's
responses to the initial notifications are provided in the docket for
this rulemaking.
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    \9\ CAA section 319(b) defines an exceptional event as an event
that (i) affects air quality; (ii) is not reasonably controllable or
preventable; (iii) is an event caused by human activity that is
unlikely to recur at a particular location or a natural event; and
(iv) is determined by the Administrator through the process
established in the regulations to be an exceptional event.
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    The data used to calculate both the 2018-2020 design values and the
2020 fourth highest daily maximum 8-hour averages can be found in the
docket for this rulemaking.\10\ Based on this data and as explained
further below, the EPA proposes to determine that Las Vegas did not
attain by the attainment date because the area's 2018-2020 design value
is greater than 0.070 ppm. Additionally, the area does not qualify for
a 1-year extension of the attainment date because the fourth highest
daily 8-hour average value in 2020 is greater than 0.070 ppm. If the
EPA finalizes the determination that the Las Vegas nonattainment area
failed to attain by the Marginal attainment date consistent with CAA
section 181(b)(2)(A), the Las Vegas nonattainment area will be
reclassified to Moderate by operation of law and will then be subject
to the Moderate area requirement to attain the

2015 ozone NAAQS as expeditiously as practicable, but not later than
August 3, 2024.
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    \10\ United States Environment Protection Agency, Air Quality
System, Design Value Report, 2018-2020, Clark County, NV, dated June
7, 2022. 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 2020 reflects data from 2018-2020.
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    Once reclassified as Moderate, NDEP must submit to the EPA the SIP
revisions that satisfy the statutory and regulatory requirements
applicable to Moderate areas established in CAA section 182(c) and in
the SIP Requirements Rule for the 2015 ozone NAAQS.\11\ The EPA
proposes to establish deadlines for submitting SIP revisions for this
reclassified area, consistent with CAA section 182(i). As discussed in
Section II.D. of this notice, the EPA proposes that the SIP revisions
will be due on January 1, 2023.
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    \11\ See 83 FR 62998, December 6, 2018.
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C. What is the statutory authority for the proposed actions?

    The statutory authority for the actions proposed in this notice is
provided by the CAA, as amended (42 U.S.C. 7401 et seq.). Relevant
portions of the CAA include, but are not necessarily limited to, CAA
sections 181(a)(5) and 181(b)(2).
    CAA section 107(d) provides that when the EPA establishes or
revises a NAAQS, the agency must designate areas of the country as
nonattainment, attainment, or unclassifiable based on whether an area
is not meeting (or contributing to air quality in a nearby area that is
not meeting) the NAAQS, meeting the NAAQS or cannot be classified as
meeting or not meeting the NAAQS, respectively. Subpart 2 of part D of
title I of the CAA governs the classification, state planning, and
emissions control requirements for any areas designated as
nonattainment for a revised primary ozone NAAQS. In particular, CAA
section 181(a)(1) requires each area designated as nonattainment for a
revised ozone NAAQS to be classified at the same time as the area is
designated based on the extent of the ozone problem in the area (as
determined based on the area's design value). Classifications for ozone
nonattainment areas range from ``Marginal'' to ``Extreme'' based on the
severity of the area's air quality problem.
    CAA section 182 provides the specific attainment planning and
additional requirements that apply to each ozone nonattainment area
based on its classification. CAA section 182, as interpreted by the
EPA's implementing regulations in the Code of Federal Regulations (CFR)
at 40 CFR 51.1308 through 51.1317, also establishes the timeframes by
which air agencies must submit and implement SIP revisions to satisfy
the applicable attainment planning elements, and the timeframes by
which nonattainment areas must attain the 2015 ozone NAAQS. For
reclassified areas, CAA section 182(i) provides that the Administrator
may adjust applicable deadlines other than attainment dates if such
adjustment is necessary or appropriate to assure consistency among the
required submissions.
    Section 181(b)(2)(A) of the CAA requires that within 6 months
following the applicable attainment date, the EPA shall determine
whether an ozone nonattainment area attained the ozone standard based
on the area's design value as of that date. For nonattainment areas
that the EPA determines to have not timely attained, CAA section
181(a)(5) gives the EPA the discretion to grant a 1-year extension of
the attainment date for qualifying areas upon application by any state.
In the event an area fails to attain the ozone NAAQS by the applicable
attainment date and is not granted a 1-year attainment date extension,
CAA section 181(b)(2)(A) requires the EPA to make the determination
that an ozone nonattainment area failed to attain the ozone standard by
the applicable attainment date, and requires the area to be
reclassified by operation of law to the higher of: (1) the next higher
classification for the area, or (2) the classification applicable to
the area's design value as of the determination of failure to
attain.\12\ Section 181(b)(2)(B) of the CAA requires the EPA to publish
the determination of failure to attain and accompanying
reclassification in the Federal Register no later than 6 months after
the attainment date, which in the case of the Las Vegas Marginal
nonattainment area, would have been no later than February 3, 2022.
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    \12\ The Las Vegas nonattainment area would be classified to the
next highest classification of Moderate. The area does not have a
design value that would otherwise place it in a higher
classification (i.e., see CAA section 181(b)(2)(A) reference to
Extreme areas).
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    Once an area is reclassified, the state is required to submit
certain SIP revisions in accordance with its more stringent
classification. The SIP revisions are intended to, among other things,
demonstrate how the area will attain the NAAQS as expeditiously as
practicable, but no later than August 3, 2024, the Moderate area
attainment date for the 2015 ozone NAAQS. According to CAA section
182(i), a state with a reclassified ozone nonattainment area must
submit the applicable attainment plan requirements ``according to the
schedules prescribed in connection with such requirements'' in CAA
section 182(b) for Moderate areas, but the EPA ``may adjust applicable
deadlines (other than attainment dates) to the extent such adjustment
is necessary or appropriate to assure consistency among the required
submissions.''

D. How does the EPA determine whether an area has attained the 2015
ozone standard?

    Under the EPA regulations at 40 CFR part 50, Appendix U, the 2015
ozone NAAQS is attained at a site when the 3-year average of the annual
fourth highest daily maximum 8-hour average ambient air quality ozone
concentration (i.e., design value) does not exceed 0.070 ppm. When the
design value does not exceed 0.070 ppm at each ambient air quality
monitoring site within the area, the area is deemed to be attaining the
ozone NAAQS. The rounding convention in Appendix U dictates that
concentrations shall be reported in ``ppm'' to the third decimal place,
with additional digits to the right being truncated. Thus, a computed
3-year average ozone concentration of 0.071 ppm is greater than 0.070
ppm and would exceed the standard, but a design value of 0.0709 is
truncated to 0.070 and attains the 2015 ozone NAAQS.
    The EPA's determination of attainment is based upon data that have
been collected and quality-assured in accordance with 40 CFR part 58
and recorded in the EPA's Air Quality System (AQS) database.\13\
Ambient air quality monitoring data for the 3-year period preceding the
attainment date (i.e., 2018-2020 for the Marginal area attainment date
of August 3, 2021) must meet the data completeness requirements in
Appendix U.\14\ The completeness requirements are met for the 3-year
period at a monitoring site if daily maximum 8-hour average
concentrations of ozone are available for at least 90 percent of the
days within the ozone monitoring season, on average, for the 3-year
period, and no single year has less than 75 percent data completeness.
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    \13\ The EPA maintains the AQS, a database that contains ambient
air pollution data collected by the EPA, state, local, and tribal
air pollution control agencies. The AQS also contains meteorological
data, descriptive information about each monitoring station
(including its geographic location and its operator) and data
quality assurance/quality control information. The AQS data is used
to: (1) assess air quality, (2) assist in attainment/non-attainment
designations, (3) evaluate SIPs for non-attainment areas, (4)
perform modeling for permit review analysis, and (5) prepare reports
for Congress as mandated by the CAA. Access is through the website
at https://www.epa.gov/aqs.
    \14\ See 40 CFR part 50, Appendix U, section 4(b).
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II. What is the EPA proposing and what is the rationale?

    The EPA is proposing this action to fulfill its statutory
obligation under

CAA section 181(b)(2) to determine whether Las Vegas attained the 2015
ozone NAAQS as of the attainment date of August 3, 2021.

A. Evaluation of Design Value Data and Exceptional Events Documentation

    The EPA evaluated air quality data to determine if the Las Vegas
Marginal nonattainment area attained the 2015 ozone NAAQS by the
attainment date of August 3, 2021 and, if the area did not attain, to
determine if the area is eligible for a 1-year extension of the
attainment date. The area's ozone design values for 2018-2020 are shown
in Table 1. Based on the certified, complete data from 2018-2020, the
design value for the area is 0.074 ppm and the 2020 4th highest daily
maximum 8-hour average is 0.078 ppm.

        Table 1--2015 Ozone Design Values and 2020 4th Highest Daily 8-Hour Average in the Las Vegas Area
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                                                                                2018-2020     2020 4th Highest
                          Location                              AQ site ID     Design value    daily maximum 8-
                                                                                (ppm)      hour average (ppm)
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Paul Meyer.................................................        320030043           0.073               0.077
Walter Johnson.............................................        320030071           0.073               0.077
Palo Verde.................................................        320030073           0.067               0.067
Joe Neal...................................................        320030075           0.074               0.078
Green Valley...............................................        320030298           0.072               0.071
Jerome Mack-Ncore..........................................        320030540           0.069               0.067
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    On November 30, 2020, the Clark County DES submitted an initial
notification for an intended EE demonstration, and on July 1, 2021,
submitted EE demonstrations for two days in 2018 and six days in 2020
with exceedances of the standard. On September 2, 2021, the Clark
County DES submitted additional EE demonstrations for thirteen days in
2018 and for seven days in 2020. The EPA's actions on these
demonstrations affect the determination of attainment by the attainment
date for the Las Vegas area.\15\ The EE initial notifications, EE
demonstrations, and the EPA's responses to the initial notifications
are provided in the docket for this rulemaking.
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    \15\ CAA section 319(b) defines an exceptional event as an event
that (i) affects air quality; (ii) is not reasonably controllable or
preventable; (iii) is an event caused by human activity that is
unlikely to recur at a particular location or a natural event; and
(iv) is determined by the Administrator through process established
in regulation to be an exceptional event.
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    In order for the Las Vegas nonattainment area to have an attaining
2018-2020 design value for the 2015 ozone NAAQS, the EPA would have to
concur on most of the EE demonstrations that the Clark County DES
submitted for 2018 and 2020. Furthermore, to qualify for an extension
of the attainment date, the EPA would have to concur on most of the EE
demonstrations submitted for 2020. The EPA responded to Clark County's
EE Initial Notification submittal for intended EE demonstrations, dated
November 20, 2020, indicating that the events described may affect a
future regulatory decision.\16\ Because regulatory significance is
required for EPA concurrence on an EE demonstration and subsequent
exclusion of the event-influenced data from the design value, the EPA
therefore determined it would evaluate the demonstrations submitted by
Clark County under the Exceptional Events Rule (EER).\17\ In an April
26, 2021 letter, the EPA clarified that the demonstrations for seven of
the events, listed in Table 2, would be critical and analytically
complex. Based on the nature of the events and the anticipated timing
of the EPA's determination of whether the Las Vegas nonattainment area
attained by the applicable attainment date, the EPA requested these
demonstrations be submitted by June 1, 2021.\18\ The EPA requested the
demonstrations for the remaining demonstrations be submitted by August
1, 2021.\19\ The dates for submittals of the demonstrations were
revised in a May 4, 2021 letter to be no later than July 1, 2021 and
September 3, 2021, respectively.
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    \16\ Letter from Elizabeth J. Adams, Director, R9 Air and
Radiation Division to Michael Sword, Air Planning Manager, Clark
County Department of Environment and Sustainability (January 26,
2021).
    \17\ Id.
    \18\ Letter from Elizabeth J. Adams, Director, R9 Air and
Radiation Division to Marci Henson, Director, Clark County
Department of Environment and Sustainability (April 26, 2021).
    \19\ Id.

 Table 2--Summary of Critical and Analytically Complex Exceptional Event
                     Demonstrations in Clark County
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                                                      Monitoring sites
          Event date              Type of event           affected
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June 19-20, 2018..............  Wildfire.........  Green Valley, Paul
                                                    Meyer, Walter
                                                    Johnson.
May 6, 2020...................  Stratospheric      Green Valley, Joe
                                 Ozone Intrusion.   Neal, Paul Meyer,
                                                    Walter Johnson.
May 9, 2020...................  Stratospheric      Paul Meyer, Walter
                                 Ozone Intrusion.   Johnson.
May 28, 2020..................  Stratospheric      Paul Meyer, Walter
                                 Ozone Intrusion.   Johnson.
June 22, 2020.................  Wildfire.........  Joe Neal, Paul Meyer,
                                                    Walter Johnson.
June 26, 2020.................  Wildfire.........  Paul Meyer.
September 2, 2020.............  Wildfire.........  Paul Meyer, Walter
                                                    Johnson.
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    The EPA started review of the EE packages by focusing on five of
the events: June 19-20, 2018, May 6, 2020, May 9, 2020, June 22, 2020,
and June 26, 2020. After reviewing the EE documentation, in a letter
dated April 11, 2022, the EPA determined that Clark County DES did not
adequately demonstrate that the exceedances for

these five events satisfy the requirements for exclusion of the data
due to an exceptional event as defined under the EER.\20\
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    \20\ Letter from Elizabeth J. Adams, Director, R9 Air and
Radiation Division to Marci Henson, Director, Clark County
Department of Environment and Sustainability, re: EPA Review of
Clark County Department of Environment and Sustainability
Exceptional Event Demonstrations for the 2015 Ozone NAAQS Las Vegas
Nevada Nonattainment Area (Apr. 11, 2022).
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    The 2007 EER and 2016 EER \21\ contain the procedural requirements
and the criteria that the EPA uses to evaluate EE demonstrations. The
demonstration must satisfy all of the EER criteria for the EPA to
concur with excluding the air quality data from regulatory decisions.
If any one of the criteria are not met, the EPA will nonconcur with the
demonstration. In addition to the procedural requirements, the
demonstrations must include: (1) a narrative conceptual model
describing the event(s) causing the exceedance or violation and a
discussion of how the emissions from the event(s) led to the exceedance
or violation, (2) a demonstration of a clear causal relationship
between the event and the monitored exceedance or violation, (3)
analyses comparing the event-influenced concentration to concentrations
at the same monitoring site at other times to support the clear causal
relationship, (4) a demonstration that the event was both not
reasonably controllable and not reasonably preventable, and (5) a
demonstration that the event was a human activity unlikely to recur at
a particular location or was a natural event.
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    \21\ The EPA promulgated the EER in 2007, pursuant to the 2005
amendment of CAA section 319. In 2016, the EPA finalized revisions
to the EER, which superseded the 2007 EER. The 2007 EER and 2016 EER
revisions added sections 40 CFR 50.1(j)-(r); 50.14; and 51.930 to
title 40 of the CFR.
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    The EPA reviewed the Clark County DES EE demonstrations for
wildfire events that occurred on June 19-20, 2018, June 22, 2020 and
June 26, 2020. For all three events the EPA nonconcurred based on the
conclusion that the events do not meet the requirements in the EER
because the demonstrations have not sufficiently shown a clear causal
relationship between the specific events and the monitored exceedances.
These conclusions were based on review of the evidence presented in the
demonstrations, including meteorological information, fire emission
information, trajectory analysis, smoke modeling data, ground level
monitoring data, and statistical modeling analysis. More information
about the EPA's analysis on these EE demonstrations for wildfire events
can be found in the docket for this action.\22\
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    \22\ Letter from Elizabeth J. Adams, Director, R9 Air and
Radiation Division to Marci Henson, Director, Clark County
Department of Environment and Sustainability, re: EPA Review of
Clark County Department of Environment and Sustainability
Exceptional Event Demonstrations for the 2015 Ozone NAAQS Las Vegas
Nevada Nonattainment Area (April 11, 2022), Enclosures: Technical
Support Document for EPA Nonconcurrence on O3 Exceedances
Measured in Clark County, Nevada on June 19, 2018, as a Wildfire
Exceptional Event; Technical Support Document for EPA Nonconcurrence
on O3 Exceedances Measured in Clark County, Nevada on
June 22, 2020, as a Wildfire Exceptional Event; Technical Support
Document for EPA Nonconcurrence on O3 Exceedances
Measured in Clark County, Nevada on June 26, 2020, as a Wildfire
Exceptional Event.
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    The EPA also reviewed the Clark County DES demonstrations for
stratospheric ozone intrusion (SOI) events that occurred on May 6,
2020, and May 9, 2020. The EPA nonconcurred on these events based on
the conclusion that the information presented in the demonstrations did
not sufficiently show a clear causal relationship between the specific
events and the monitored exceedances of the 2015 ozone NAAQS in the Las
Vegas nonattainment area. These conclusions were based on review of the
evidence presented in the demonstrations including satellite imagery
and atmospheric models, trajectory analysis, skew-T diagrams, vertical
ozone profiles, meteorological information, ground level monitoring
data, matching day analysis, and statistical modeling analysis. The
information presented in the SOI event submittals supported that SOI
events had occurred, but the weight of evidence did not support the
finding that ozone-rich stratospheric air was transported to the
surface in the Las Vegas nonattainment area and caused the exceedances
of the 2015 ozone NAAQS measured at the Las Vegas area monitors. More
information about the EPA's analysis of these EE demonstrations for SOI
events can be found in the docket for this action.\23\
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    \23\ Letter from Elizabeth J. Adams, Director, R9 Air and
Radiation Division to Marci Henson, Director, Clark County
Department of Environment and Sustainability, re: EPA Review of
Clark County Department of Environment and Sustainability
Exceptional Event Demonstrations for the 2015 Ozone NAAQS Las Vegas
Nevada Nonattainment Area (April 11, 2022), Enclosures: Technical
Support Document for EPA Nonconcurrence on O3 Exceedances Measured
in Clark County, Nevada on May 6, 2020, as a Stratospheric
O3 Intrusion Exceptional Event; Technical Support
Document for EPA Nonconcurrence on O3 Exceedances
Measured in Clark County, Nevada on May 9, 2020, as a Stratospheric
O3 Intrusion Exceptional Event.
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    Based on the EPA's nonconcurrence on five exceptional event
demonstrations, the 2018-2020 design value for the Las Vegas area
remains above the 2015 ozone standard, at 0.074 ppm. In the 2016
revisions to the EER, ``regulatory significance'' was clarified to mean
that the demonstrations affect the outcome of a regulatory action.\24\
Even if the EPA concurred on the additional EE demonstrations submitted
by the Clark County DES, the design value would still be above the
standard; therefore, the remaining exceptional events no longer have
regulatory significance for determining that the area attained by the
Marginal area attainment date.
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    \24\ 81 FR 68269 (October 3, 2016).
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B. Extension of Marginal Area Attainment Date

    In a letter dated September 9, 2021, the Clark County DES requested
an extension of the Las Vegas area Marginal area attainment date; the
letter is provided in the docket for this rulemaking.\25\ Section
181(a)(5) of the CAA provides the EPA discretion to extend an area's
applicable attainment date by one additional year upon application by
any state if the state meets the two criteria under CAA section
181(a)(5) as interpreted by the EPA in 40 CFR 51.1307. The two criteria
are that (1) the state has complied with all requirements and
commitments pertaining to the area in the applicable implementation
plan; and (2) for a first attainment date extension, an area's fourth
highest daily maximum 8-hour value for the attainment year must not
exceed the level of the standard.\26\ Based on the EPA's nonconcurrence
on four exceptional event demonstrations for exceedances that occurred
in 2020, the 2020 4th highest daily maximum 8-hour average remains
above 0.070 ppm, at 0.078 ppm; therefore the area is not be eligible
for a one-year extension. In the 2016 revisions to the EER,
``regulatory significance'' was clarified to mean that the
demonstrations affect the outcome of a regulatory action.\27\ Even if
the EPA concurred on additional EE demonstrations, the 2020 4th highest
daily maximum 8-hour average would still be above 0.070 ppm, therefore,
the remaining exceptional events no longer have regulatory
significance.
---------------------------------------------------------------------------

    \25\ Marci Henson, Director, Clark County DES, ``Request for a
Determination of Attainment or One-year Extension of the 2015 Ozone
NAAQS for the Las Vegas Valley Nonattainment Area.'' To Greg Lovato,
Administatrator, Nevada Division of Environmental Protection,
September 9, 2021.
    \26\ The attainment year is the calendar year corresponding with
the final ozone season for determining attainment; ``attainment year
ozone season'' is defined as the ozone season immediately preceding
a nonattainment area's maximum attainment date (see 40 CFR
51.1300(g)).
    \27\ 81 FR 68269 (October 3, 2016).

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C. Determination of Failure To Attain and Reclassification

    The EPA proposes to determine that the Las Vegas nonattainment area
did not attain the 2015 ozone NAAQS by the August 3, 2021, attainment
date and does not qualify for a 1-year attainment date extension
because the area does not meet the two extension criteria under CAA
section 181(a)(5) as interpreted by the EPA in 40 CFR 51.1307. As
discussed previously, the area has a 2018-2020 design value greater
than 0.070 ppm.
    If we finalize our action as proposed, the Las Vegas nonattainment
area will be reclassified to Moderate, the next higher classification,
as provided under CAA section 181(b)(2)(A)(i) and codified at 40 CFR
51.1303. The area is required to attain the standard ``as expeditiously
as practicable'' but no later than 6 years after the initial
designation as nonattainment, which in this case would be no later than
August 3, 2024. After reclassification to Moderate, if the area attains
the 2015 ozone NAAQS prior to the Moderate area attainment date, the
state of Nevada may seek a Clean Data Determination, in which certain
attainment planning SIPs would be suspended under 40 CFR 51.1318 or a
redesignation to attainment.\28\
---------------------------------------------------------------------------

    \28\ The EPA's Clean Data Policy, as codified for the 2015 ozone
NAAQS at 40 CFR 51.1318, suspends the requirements for states to
submit certain attainment planning SIPs such as the attainment
demonstrations, reasonably available control measures (RACM),
reasonable further progress (RFP), and contingency measures for so
long as an area continues to attain the standard.
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D. Moderate Area Requirements and Proposed Schedule

    Marginal nonattainment areas that failed to attain the 2015 ozone
NAAQS by the attainment date will be reclassified as Moderate by
operation of law upon the effective date of the final reclassification
notice. Each responsible state air agency must submit SIP revisions
that satisfy the general air quality planning requirements under CAA
section 172(c) and specific requirements for Moderate areas under CAA
section 182(b), as interpreted and described in the final SIP
Requirements Rule for the 2015 ozone NAAQS.\29\ This section describes
the required Moderate area submission elements, provides additional
discussion of the vehicle inspection and maintenance program
requirement, and proposes a submission and implementation deadline for
Moderate area SIP revisions.
---------------------------------------------------------------------------

    \29\ See 40 CFR 51.1300 et seq.
---------------------------------------------------------------------------

1. Required Submission Elements
    For each new Moderate ozone nonattainment area, the SIP revision
requirements include: (1) an attainment demonstration (CAA section
182(b) and 40 CFR 51.1308); (2) provisions for reasonably available
control measures (RACM) (CAA section 172(c)(1) and 40 CFR 51.1312(c))
and reasonable available control technology (RACT) (CAA section
182(b)(2) and 40 CFR 51.1312(a)-(b)); (3) reasonable further progress
(RFP) reductions in volatile organic compounds (VOC) and/or nitrogen
oxide (NOX) emissions in the area (CAA sections 172(c)(2)
and 182(b)(1) and 40 CFR 51.1310); (4) contingency measures to be
implemented in the event of failure to meet a milestone or to attain
the standard (CAA section 172(c)(9)); (5) NOX and VOC
emission offsets at a ratio of 1.15 to 1 for major source permits (CAA
section 182(b)(5) and 40 CFR 51.165(a)); and, (6) a vehicle inspection
and maintenance program, if applicable, which is discussed in the
following section of this notice (CAA section 181(b)(4) and 40 CFR
51.350).\30\ We are providing additional discussion in the following
sections for these Moderate area requirements: (a) RACM and RACT; and
(b) vehicle inspection and maintenance.
---------------------------------------------------------------------------

    \30\ See also the requirements for Moderate ozone nonattainment
areas set forth in CAA section 182(b) and the general nonattainment
plan provisions required under CAA section 172(c).
---------------------------------------------------------------------------

a. RACM and RACT
    States must provide an analysis of--and adopt all--RACM, including
RACT needed for purposes of meeting RFP or timely attainment of the
ozone NAAQS. The EPA interprets the RACM provision at CAA section
172(c) to require a demonstration that the state has adopted all
reasonable measures (including RACT) to meet RFP requirements and to
demonstrate attainment as expeditiously as practicable and thus that no
additional measures that are reasonably available will advance the
attainment date or contribute to RFP for the area.\31\ For areas
reclassified as Moderate, such an analysis should include an evaluation
of RACT controls for sources emitting 100 tons per year or more that
are currently reasonably available.
---------------------------------------------------------------------------

    \31\ See 80 FR 12264, 12282, March 6, 2015; and 40 CFR 1112(c).
---------------------------------------------------------------------------

    The EPA has long taken the position that the statutory requirement
for states to assess and adopt RACT for sources in ozone nonattainment
areas classified Moderate and higher generally exists independently
from the attainment planning requirements for such areas.\32\ In
addition to the independent RACT requirement, states have a statutory
obligation to apply RACM (including such reductions in emissions from
existing sources in the area as may be obtained through implementation
of RACT) to meet RFP requirements and to demonstrate attainment as
expeditiously as practicable. Therefore, to the extent that a state
adopts new or additional RACT controls to meet RFP requirements or to
demonstrate attainment as expeditiously as practicable, those states
must include such RACT revisions with the other SIP elements due as
part of the attainment plan required under CAA sections 172(c) and
182(b).
---------------------------------------------------------------------------

    \32\ See Memo from John Seitz, ``Reasonable Further Progress,
Attainment Demonstration, and Related Requirements for Ozone
Nonattainment Areas Meeting the Ozone National Ambient Air Quality
Standard'' (1995), at 5 (explaining that Subpart 2 requirements
linked to the attainment demonstration are suspended by a finding
that a nonattainment area is attaining but that requirements such as
RACT must be met whether or not an area has attained the standard);
see also 40 CFR 51.1318 (suspending attainment demonstrations, RACM,
RFP, contingency measures, and other attainment planning SIPs with a
finding of attainment).
---------------------------------------------------------------------------

b. Vehicle Inspection and Maintenance (I/M)
    A Basic I/M program is required for all urbanized Moderate areas
under the 2015 ozone NAAQS. The Las Vegas nonattainment area is
currently operating I/M programs as part of the maintenance plan for
the 1971 carbon monoxide standard for which the area had been
classified as Serious nonattainment and subsequently redesignated. If
we finalize our action as proposed, the Clark County DES and NDEP would
need to conduct and submit a performance standard modeling analysis as
well as make any necessary program revisions as part of their Moderate
area SIP submissions to ensure that the I/M program is operating at or
above the Basic I/M performance standard level for the 2015 ozone
NAAQS. The Clark County DES and NDEP may determine through the
performance standard modeling analysis that the existing SIP-approved
program would meet the performance standard for purposes of the 2015
ozone NAAQS without modification. In this case, the Clark County DES
and NDEP could submit a SIP revision with the associated performance
modeling and a written statement certifying their determination in lieu
of submitting new revised regulations. The applicable requirements for
Moderate ozone nonattainment areas that are required to

adopt a Basic I/M program are described in sections 182(a)(2)(B), and
182(b)(4), of the CAA and further defined in the EPA's I/M rule (40 CFR
part 51, subpart S). The performance standard \33\ of a model Basic I/M
program is established in the CAA and further detailed in the I/M
rule.\34\ A more detailed description of the requirements for the SIP
submittal demonstrating that the current I/M program meets the CAA
requirements was included in the EPA's April 13, 2022 proposed rule for
other 2015 ozone nonattainment areas under consideration for
reclassification to Moderate.\35\ The I/M SIP submissions are due at
the same time as the other Moderate area submission elements.\36\
---------------------------------------------------------------------------

    \33\ An I/M performance standard is a collection of program
design elements which defines a benchmark program to which a state's
proposed program is compared in terms of its potential to reduce
emissions of the ozone precursors, VOC and NOX. The EPA
intends to provide appropriate guidance for Basic I/M programs under
the 2015 ozone NAAQS separate from this rulemaking.
    \34\ See 40 CFR 51.352(e)). The EPA is not proposing changes to
its I/M regulations in this notice; however, additional
clarification in this preamble is provided to assist the state in
understanding specific I/M program requirements due to being
reclassified as Moderate.
    \35\ 87 FR 21842.
    \36\ 40 CFR 51.372(b)(2) states--``A SIP revision required as a
result of a change in an area's designation or classification under
a NAAQS for ozone, including all necessary legal authority and the
items specified in paragraphs (a)(1) through (8) of this section,
shall be submitted no later than the deadline for submitting the
area's attainment SIP for the NAAQS in question.''
---------------------------------------------------------------------------

2. SIP Submission and Implementation Deadline
    On August 3, 2018, when final nonattainment designations became
effective for the 2015 ozone NAAQS, states responsible for areas
initially classified as Moderate were required to prepare and submit
SIP revisions by deadlines relative to that effective date. For those
areas, the submission deadlines ranged from 2 to 3 years after the
effective date of designation, depending on the SIP element required
(e.g., 2 years for the RACT SIP, and 3 years for the attainment plan
with RACM and attainment demonstration). Initial Moderate areas were
also required to implement RACT as expeditiously as practicable but no
later than January 1 of the 5th year after the effective date of
designations, i.e., January 1, 2023. However, the SIP submission
deadlines for initial Moderate areas have passed and the EPA is
proposing to use its discretion under CAA section 182(i) to adjust the
SIP deadlines that would otherwise apply.\37\ The EPA recently proposed
similar adjustments in SIP revision and RACT implementation deadlines
for other reclassified Moderate areas in an April 13, 2022
rulemaking.\38\
---------------------------------------------------------------------------

    \37\ CAA section 182(i) provides that areas reclassified under
CAA section 181(b)(2) shall generally meet the requirements
associated with their new classifications ``according to the
schedules prescribed in connection with such requirements, except
that the Administrator may adjust any applicable deadlines (other
than attainment dates) to the extent such adjustment is necessary or
appropriate to assure consistency among the required submissions.''
    \38\ 87 FR 21842.
---------------------------------------------------------------------------

    The EPA is proposing that the state of Nevada submit SIP revisions
addressing all Moderate area requirements no later than January 1 of
the 5th year after the effective date of designations, i.e., January 1,
2023. The ``schedule prescribed in connection with'' the attainment
planning requirements for Moderate areas is 3 years from
designation.\39\ However, given that the Las Vegas nonattainment area
is being reclassified rather than newly designated as a Moderate areas,
the EPA is proposing that aligning the Las Vegas nonattainment area's
deadline with the deadlines proposed for other reclassified areas is
appropriate and necessary for ``consistency among the submissions'' of
all reclassified Moderate areas across the country.
---------------------------------------------------------------------------

    \39\ See CAA section 182(i).
---------------------------------------------------------------------------

    The EPA's implementing regulations for the 2015 ozone NAAQS do not
address SIP submission deadlines for reclassified areas, except for
RACT SIPs. Specifically, 40 CFR 1312(a)(ii) establishes a RACT SIP
submission deadline for areas classified Moderate or higher of either
24 months from the reclassification effective date or a deadline
established by the Administrator in the reclassification action. In the
case of the potential newly reclassified Moderate area addressed in
this proposal, a RACT SIP submission deadline of 24 months after an
anticipated 2023 effective date would fall in 2025. Because a 2025
deadline would exceed the applicable Moderate area maximum attainment
date of August 3, 2024, we rejected a 24-month submission deadline and
are instead proposing to use the Administrator's discretion under CAA
section 182(i) to establish a January 1, 2023, SIP submission deadline
that would apply for RACT (per 40 CFR 1312(a)(ii)) and all other
required Moderate area SIP submissions. Our objective is to establish a
single deadline that would not extend beyond our proposed deadline for
implementing RACT and to provide for consistency among the required SIP
submissions. The EPA adopted this approach previously for Marginal
areas reclassified to Moderate for failure to timely attain the 2008
ozone NAAQS.\40\
---------------------------------------------------------------------------

    \40\ ``Final Rule--Determinations of Attainment by the
Attainment Date, Extensions of the Attainment Date, and
Reclassification of Several Areas for the 2008 Ozone National
Ambient Air Quality Standards'' (81 FR 26697, 26705, May 4, 2016).
---------------------------------------------------------------------------

    As mentioned previously, we are proposing that the state must
provide for implementation of all RACT needed for purposes of meeting
RFP or timely attaining the ozone NAAQS as expeditiously as practicable
but no later than January 1, 2023. The EPA's implementing regulations
for the 2015 ozone NAAQS require that the state shall provide for
implementation of such RACT as expeditiously as practicable, but no
later than the start of the attainment year ozone season associated
with the area's new attainment deadline, or January 1 of the third year
after the associated SIP submission deadline, whichever is earlier; or
the deadline established by the Administrator in the final action
issuing the area reclassification.\41\
---------------------------------------------------------------------------

    \41\ See 40 CFR 1312(a)(3)(ii).
---------------------------------------------------------------------------

    Because January 1 of the third year after the proposed January 1,
2023 SIP submission deadline would fall on January 1, 2026, this date
would exceed the applicable Moderate area maximum attainment date of
August 3, 2024. The EPA's implementing regulations for the 2015 ozone
NAAQS require that, for areas initially classified as Moderate or
higher, a state shall provide for implementation of RACT as
expeditiously as practicable but no later than January 1 of the 5th
year after the effective date of designation, which corresponds with
the beginning of the attainment year for initial Moderate areas
(January 1, 2023).\42\ The modeling and attainment demonstration
requirements for 2015 ozone NAAQS areas classified Moderate or higher
require that a state must provide for implementation of all control
measures needed for attainment no later than the beginning of the
attainment year ozone season, notwithstanding any alternative deadline
established per 40 CFR 1312.\43\ These regulations allow a comparable
amount of time for sources to meet RACT requirements as originally
anticipated under the 1990 CAA Amendments, with the objective that RACT
measures be in place to influence an area's attainment year air quality
and design value.\44\
---------------------------------------------------------------------------

    \42\ See 40 CFR 51.1312(a)(3)(i).
    \43\ See 40 CFR 51.1308(d).
    \44\ See CAA section 182(b)(2).
---------------------------------------------------------------------------

    The start of the ozone season varies among states and is either
January or March for potential reclassified Moderate areas addressed in
the April

13, 2022 national proposal.\45\ For this reason, the EPA rejected an
approach that would establish variable RACT implementation deadlines
corresponding to an area's defined ozone season starting month and
proposed a single RACT implementation deadline for all newly
reclassified Moderate areas corresponding with the beginning of the
applicable attainment year, i.e., January 1, 2023. Because the start of
the ozone season for the Las Vegas ozone nonattainment area is
January,\46\ the January 2023 deadline is consistent with the beginning
of the applicable attainment year for the area, is the same as the
single RACT implementation deadline for all initial Moderate areas per
40 CFR 51.1312(a)(3) and would require implementation of any identified
RACT as early as possible in the attainment year to influence an area's
air quality and 2021-2023 attainment design value. Aligning the SIP
submission and RACT implementation deadline would also ensure that SIPs
requiring control measures needed for attainment, including RACM, would
be submitted no later than when those controls are required to be
implemented. Our proposed deadline for the Las Vegas Moderate area SIP
submissions and RACT implementation would also treat states
consistently, in keeping with CAA section 182(i).
---------------------------------------------------------------------------

    \45\ 87 FR 21842. See also 40 CFR part 58, appendix D, section
4.1, Table D-3).
    \46\ Id., at Table D-3.
---------------------------------------------------------------------------

    The EPA requests comment on our proposal to align the SIP
submission deadline and RACT implementation deadline for the Las Vegas
nonattainment area, if reclassified to Moderate, and requiring that any
RACT needed for meeting RFP or timely attainment of the 2015 ozone
NAAQS be implemented as expeditiously as practicable but no later than
the beginning of the applicable attainment year, i.e., January 1, 2023.
    With respect to the implementation deadline for any revisions to
the current I/M program that may be necessary, if Clark County DES and
NDEP wish to use emissions reductions from their revised I/M program
for the 2015 ozone NAAQS, they would need to have such revisions fully
established and start testing as expeditiously as practicable but no
later than the beginning of the applicable attainment year, i.e.,
January 1, 2023. However, we also request comment on two alternative
implementation deadlines for the I/M program revisions (whose emission
reductions are not intended to be relied upon for attainment or RFP)
that are consistent with the EPA's proposed action for other areas, for
new and revised Basic I/M programs: the first to allow newly required
I/M programs to be fully implemented no later than 4 years after the
effective date of reclassification; and the second to align the I/M
implementation deadline with the attainment date for Moderate areas
under the 2015 ozone NAAQS. A more detailed description of these I/M
implementation date options for certain situations can be found in the
EPA's April 13, 2022, proposed rule for other 2015 ozone nonattainment
areas under consideration for reclassification to Moderate.\47\
---------------------------------------------------------------------------

    \47\ See 87 FR 21856.
---------------------------------------------------------------------------

E. Summary of Proposed Action

    The EPA is proposing to determine that the Las Vegas nonattainment
area failed to attain the 2015 ozone standard by its Marginal area
attainment date of August 3, 2021, based on a 2018-2020 design value of
0.074 ppm. The EPA is also proposing to determine that the Las Vegas
nonattainment area is not eligible for a one-year extension of the
Marginal area attainment date because the area's 2020 4th highest daily
maximum 8-hour average is 0.078 ppm. CAA section 181(b)(2) requires
areas that have failed to attain by their attainment date be
reclassified to the higher of (i) the next highest classification, or
(ii) the classification that corresponds with the area's design value
as of the time that the EPA publishes the document identifying the
areas that have failed to attain by their attainment date. Accordingly,
the EPA is proposing that the Las Vegas Marginal nonattainment area
failed to attain the 2015 ozone NAAQS by August 3, 2021, and therefore
the area must be reclassified as Moderate. The EPA is further proposing
that the state of Nevada must submit SIP revisions to fulfill the CAA's
Moderate area requirements by January 1, 2023. The EPA is taking
comment for 30 days on the determination of failure to attain and
subsequent reclassification from Marginal to Moderate.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866, Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This proposed action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act

    This rule does not impose any new information collection burden
under the PRA not already approved by the OMB.

C. Regulatory Flexibility Act

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.

D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments, or the private sector.

E. Executive Order 13132, Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, tribes, or the relationship
between the national government and the states and tribes, or on the
distribution of power and responsibilities among the various levels of
government.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' ``Policies that
have tribal implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian Tribes.''
    The Las Vegas Tribe of Paiute Indians of the Las Vegas Indian
Colony have areas of Indian country located within the Las Vegas Valley
nonattainment area for the 2015 ozone NAAQS. The EPA has concluded that
the proposed rule may have tribal implications for this

tribe for the purposes of Executive Order 13175, but would not impose
substantial direct costs upon the tribes, nor would it preempt tribal
law. A tribe that is part of a Marginal nonattainment area that is
reclassified Moderate is not required to submit a TIP revision to
address new Moderate area requirements. However, if the EPA finalizes
the determination of failure to attain proposed in this action, the
nonattainment new source review major source threshold and offset
requirements would change for stationary sources seeking
preconstruction permits in any nonattainment areas newly reclassified
as Moderate, including on tribal lands within these nonattainment
areas.
    In a letter dated July 16, 2021, the EPA invited the Las Vegas
Tribe of Paiute Indians of the Las Vegas Indian Colony to consult on
our evaluation and determination of whether the Las Vegas nonattainment
area attained or failed to attain by its Marginal area attainment date.
The EPA intends to notify the Las Vegas Tribe of Paiute Indians of the
Las Vegas Indian Colony of this proposed action and we will initiate
government-to-government consultation if requested.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This proposed action is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population

    Executive Order (E.O.) 12898 (59 FR 7629 (Feb. 16, 1994))
establishes federal executive policy on environmental justice. Its main
provision directs federal agencies, to the greatest extent practicable
and permitted by law, to make environmental justice part of their
mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States. Upon
review, the EPA did not identify any particular facts or circumstances
that would indicate this action will have potential disproportionately
high and adverse human health or environmental effects on minority,
low-income, or indigenous populations.
    Furthermore, with respect to the determinations of whether areas
have attained the NAAQS by the attainment date, the EPA has no
discretionary authority to address environmental justice in these
determinations. The CAA directs that within 6 months following the
applicable attainment date, the Administrator shall determine, based on
the area's design value as of the attainment date, whether the area
attained the standard by that date. CAA section 181(b)(2)(A). Except
for any Severe or Extreme area, any area that the Administrator finds
has not attained the standard by that date shall be reclassified by
operation of law to either the next higher classification or the
classification applicable to the area's design value.

List of Subjects

40 CFR Part 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications, Incorporation
by reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements and Volatile organic
compounds.

40 CFR Part 81

    Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, and Volatile organic compounds.

    Dated: July 16, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-15674 Filed 7-21-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Proposed Rules]
[Pages 31244-31246]
[FR Doc No: 2019-13885]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0497; Product Identifier 2019-NM-052-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A318, A319, A320, and A321 series
airplanes. This proposed AD was prompted by a determination that new or
more restrictive airworthiness limitations are necessary. This proposed
AD would require revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 15,
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. You
may view this service information at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0497; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0497;
Product Identifier 2019-NM-052-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    The FAA will post all comments the agency receives, without change,
to http://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the agency receives about this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2019-0056, dated March 19, 2019 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus SAS Model A318, A319, A320,
and A321 series airplanes. The MCAI states:

    The airworthiness limitations for Airbus A320 family aeroplanes,
which are approved by EASA, are currently defined and published in
the A318, A319, A320 and A321 Airworthiness Limitations Section
(ALS) document(s). The Safe Life Airworthiness Limitation Items are
specified in ALS Part 1.
    Failure to accomplish these instructions could result in an
unsafe condition.
    Previously, EASA issued AD 2017-0215 [which corresponds to FAA
AD 2018-17-19, Amendment 39-19373 (83 FR 44460, August 31, 2018)] to
require accomplishment of all maintenance tasks as described in ALS
Part 1 at Revision 05.
    Since that [EASA] AD was issued, new A320 family models have
been certified, and studies were conducted in the frame of in-
service events or during life extension campaigns, the results of
which prompted revision of the life limits of several components.
Consequently, Airbus issued the ALS.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2017-0215, which is superseded, and requires
accomplishment of the actions specified in the ALS.

    You may examine the MCAI in the AD docket on the internet at http:/
/

www.regulations.gov by searching for and locating Docket No. FAA-2019-
0497.

Relationship Between Proposed AD and AD 2018-17-19

    This NPRM does not propose to supersede AD 2018-17-19. Rather, the
FAA has determined that a stand-alone AD is more appropriate to address
the changes in the MCAI. This proposed AD would require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations.
Accomplishment of the proposed actions would then terminate all of the
requirements of AD 2018-17-19.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus A318/A319/A320/A321 Airworthiness
Limitations Section (ALS) Part 1 Safe Life Airworthiness Limitations
(SL-ALI), Revision 06, Issue 02, dated November 30, 2018. This service
information describes new maintenance requirements and airworthiness
limitations. This service information is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to a bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing this AD
because the agency evaluated all the relevant information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
    This proposed AD would require revisions to certain operator
maintenance documents to include new life limits. Compliance with these
actions is required by 14 CFR 91.403(c). For airplanes that have been
previously modified, altered, or repaired in the areas addressed by
this proposed AD, the operator may not be able to accomplish the
actions described in the revisions. In this situation, to comply with
14 CFR 91.403(c), the operator must request approval for an alternative
method of compliance according to paragraph (j)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,497 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. In the past, the FAA has estimated that this action takes
1 work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Will not affect intrastate aviation in Alaska; and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Airbus SAS: Docket No. FAA-2019-0497; Product Identifier 2019-NM-
052-AD.

(a) Comments Due Date

    The FAA must receive comments by August 15, 2019.

(b) Affected ADs

    This AD affects AD 2018-17-19, Amendment 39-19373 (83 FR 44460,
August 31, 2018) (``AD 2018-17-19'').

(c) Applicability

    This AD applies to the Airbus SAS airplanes identified in
paragraphs (c)(1) through (c)(4) of this AD, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before November 30,
2018.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N,
and -271N airplanes.

    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address the failure of certain life-limited
parts, which could result in reduced structural integrity of the
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) Part 1 Safe Life
Airworthiness Limitations (SL-ALI), Revision 06, Issue 02, dated
November 30, 2018. The initial compliance time for doing the tasks
is at the time specified in Airbus A318/A319/A320/A321 Airworthiness
Limitations Section (ALS) Part 1 Safe Life Airworthiness Limitations
(SL-ALI), Revision 06, Issue 02, dated November 30, 2018, or within
90 days after the effective date of this AD, whichever occurs later.

(h) No Alternative Actions, Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative life
limits may be used unless approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (j)(1) of this AD.

(i) Terminating Action for AD 2018-17-19

    Accomplishing the actions required by this AD terminates all
requirements of AD 2018-17-19.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2019-0056, dated March 19, 2019; for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0497.
    (2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on June 21, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-13885 Filed 6-28-19; 8:45 am]
 BILLING CODE 4910-13-P