Approval and Promulgation of Implementation Plans; New Source Review; State of Nevada, Clark County Department of Air Quality and Environmental Management

EPA is taking final action to partially approve and partially disapprove revisions to the Clark County portion of the Nevada State Implementation Plan. These revisions concern rules adopted by the Clark County Board of County Commissioners for issuing permits for new or modified stationary sources in Clark County to comply with the applicable permitting requirements under parts C and D of title I of the Clean Air Act as amended in 1990. These provisions of the Clean Air Act are designed to prevent significant deterioration in attainment areas and to attain the National Ambient Air Quality Standards in nonattainment areas. EPA is also approving as a revision to the Nevada State Implementation Plan a State regulation prohibiting the construction of certain types of major new or modified power plants that are under exclusive State jurisdiction in the nonattainment areas within Clark County. The intended effect of today's final action is to ensure that Clark County's permitting rules are consistent with a ruling by the Ninth Circuit, see Hall v. EPA, 273 F.3d 1146 (9th Cir. 2001) and with the requirements of the Clean Air Act, as amended in 1990. EPA is amending the appropriate section of the Code of Federal Regulations to reflect the outcome of Hall v. EPA. Lastly, under section 110(k)(6) of the Act, EPA is correcting or clarifying certain previous final rulemaking actions taken by EPA on revisions to the Clark County portion of the Nevada State Implementation Plan.