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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules
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.
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.
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 20152017.43 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
VI. Proposed Action and Request for Public Comment For the reasons discussed herein, under CAA section 110k3, 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
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.

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

44 In addition, if we finalize this action as proposed, we will be removing the conditional approval regulatory text found at 40 CFR
52.1475a.

2. 2015 Ozone NAAQS

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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.
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.

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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. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, the EPAs 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 1044;
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 12d 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
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