82_FR_26459 82 FR 26351 - Air Plan Approval; Nevada, Lake Tahoe; Second 10-Year Carbon Monoxide Limited Maintenance Plan

82 FR 26351 - Air Plan Approval; Nevada, Lake Tahoe; Second 10-Year Carbon Monoxide Limited Maintenance Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 108 (June 7, 2017)

Page Range26351-26354
FR Document2017-11699

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the State of Nevada's (``State'') April 3, 2012 state implementation plan (SIP) submission and the State's August 26, 2016 supplement to their 2012 submittal. The State submitted these two SIP revisions for the Lake Tahoe, Nevada carbon monoxide (CO) area to address the Clean Air Act (CAA) requirement to submit by the eighth year of the first maintenance plan a second 10-year maintenance plan.

Federal Register, Volume 82 Issue 108 (Wednesday, June 7, 2017)
[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Rules and Regulations]
[Pages 26351-26354]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11699]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0399; FRL-9963-25-Region 9]


Air Plan Approval; Nevada, Lake Tahoe; Second 10-Year Carbon 
Monoxide Limited Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the State of Nevada's (``State'') April 
3, 2012 state implementation plan (SIP) submission and the State's 
August 26, 2016 supplement to their 2012 submittal. The State submitted 
these two SIP revisions for the Lake Tahoe, Nevada carbon monoxide (CO) 
area to address the Clean Air Act (CAA) requirement to submit by the 
eighth year of the first maintenance plan a second 10-year maintenance 
plan.

DATES: This final rule is effective on July 7, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R09-OAR-2015-0399. All

[[Page 26352]]

documents in the docket are listed on the http://www.regulations.gov 
Web site. Although listed in the index, some information is not 
publicly available, e.g., confidential business information (CBI) or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: John Kelly, EPA Region IX, (415) 947-
4151, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 10, 2017 (82 FR 13235), the EPA published a direct final 
rule (DFR) approving two SIP revisions submitted by the Nevada Division 
of Environmental Protection. On April 3, 2012, the State submitted to 
the EPA a CO maintenance plan as a SIP revision. This 2012 maintenance 
plan was intended to meet the CAA requirement (see CAA section 175A(b)) 
to submit a second maintenance plan. The CAA requires that, in the 
eighth year of an area's first 10-year maintenance plan, a second 
maintenance plan be submitted covering an additional ten years beyond 
the first 10-year period. Subsequently, on August 26, 2016, the State 
submitted a supplement to their 2012 submittal.
    In the March 10, 2017 DFR, the EPA also approved a surrogate 
monitoring method for the State to monitor ambient levels of CO in the 
area. This surrogate monitoring method was described in both the 2012 
submittal and 2016 supplement, with the 2016 supplement containing the 
State's final intended method.
    In the March 10, 2017 DFR, the EPA stated that if adverse comments 
were received by April 10, 2017, the EPA would publish a timely 
withdrawal and address the comments in a subsequent final rule based on 
the notice of proposed rulemaking (NPR), also published on March 10, 
2017 (82 FR 13269).
    In this instance, the EPA received an adverse comment on the 
alternative monitoring strategy and attempted to withdraw the DFR prior 
to the effective date of May 9, 2017. However, the EPA inadvertently 
did not withdraw the DFR prior to that date and the rule prematurely 
became effective on May 9, 2017, revising the State's SIP to include 
the 2012 submittal and 2016 supplement on that date.
    In today's final rule, the EPA is responding to the comment 
submitted on the EPA's proposed approval of revisions to the State's 
SIP, is approving the 2012 SIP submittal and 2016 supplement into the 
SIP, and is amending the effective date of the regulations' inclusion 
in the SIP to correct our failure to withdraw the DFR (after the EPA 
received an adverse public comment) prior to the May 9, 2017 effective 
date of the DFR.

II. Summary of SIP Revision and the EPA's Analysis

    As described in the DFR, the State's 2012 submittal was a limited 
maintenance plan (LMP). A LMP is appropriate for CO areas that are 
below 85 percent of the 8-hour CO national ambient air quality 
standards (NAAQS). The following are the key elements of a LMP for CO: 
Attainment inventory, maintenance demonstration, monitoring network, 
verification of continued attainment, contingency plan, and conformity 
determinations.\1\
---------------------------------------------------------------------------

    \1\ See DFR footnote 1 for a further discussion of LMP 
requirements (82 FR 13235, March 10, 2017).
---------------------------------------------------------------------------

    The 2012 plan contains the following sections to address these 
elements: (1) An introductory section containing a general discussion 
of plan approvals for the area and its redesignation to attainment; (2) 
a maintenance plan section including subsections on monitoring data for 
the area, air quality trends and background on the State's intention to 
discontinue monitoring CO at the only remaining gaseous CO ambient 
monitor in the Lake Tahoe basin located at Harvey's Resort and Hotel in 
Stateline, Nevada (hereinafter, the ''Harvey's monitor''); (3) a 
section titled ''Verification of Continued Attainment'' that addresses 
population change, traffic volumes, meteorology and the State's 
surrogate monitoring method; (4) contingency measures for the area; and 
(5) transportation conformity requirements.
    The 2016 supplement revises several sections of the 2012 plan and 
contains an emissions inventory. The DFR describes our evaluation of 
the 2012 plan and 2016 supplement as they pertain to each of the 
required LMP elements.\2\ Although we approved the State's surrogate 
monitoring method in the DFR, we took no action on the State's monitor 
shutdown request and anticipate acting on the request in a separate 
action after we review the State's annual network plan and finalize 
this action.
---------------------------------------------------------------------------

    \2\ In the DFR we also noted that for this area, the initial 
maintenance period extended through 2014 and that the second 10-year 
maintenance period therefore extends through 2024.
---------------------------------------------------------------------------

    As described in the DFR, this action incorporates the 2012 plan, as 
amended by the 2016 supplement, and specific portions of the 2016 
supplement itself, into the federally enforceable SIP. Together, these 
two submittals meet the applicable CAA requirements, and the EPA has 
determined they are sufficient to provide for maintenance of the CO 
NAAQS over the course of the second 10-year maintenance period through 
2024.

III. Public Comment and the EPA's Response

    The EPA received an adverse comment from an anonymous commenter 
(``commenter'') on March 14, 2017.\3\
---------------------------------------------------------------------------

    \3\ We note that, although we did receive another comment 
(regarding ``chemtrails''), we believe the comment is immaterial to 
the purpose of this action, and we are not addressing the comment in 
this action.
---------------------------------------------------------------------------

    Comment Summary: The commenter noted their support for the EPA's 
action, stating that it would have a positive effect on the environment 
and would benefit the public. However, the commenter went on to comment 
adversely on the EPA's approval of the State's surrogate monitoring 
method, because monitoring methods are important to safeguard against a 
possible return of high levels of CO occurring in the region again, and 
the plan the EPA was approving did not offer any scenarios for 
reinstating monitoring.
    Response: The EPA acknowledges the commenter's support. However, we 
disagree with some of the assertions and conclusions in the comment. 
First, the text the commenter quoted from our action was taken from the 
Code of Federal Regulations (CFR). The text the commenter quoted was 
that monitoring may be discontinued if the monitor in question has not 
measured violations of the applicable NAAQS in the previous five years. 
This text is not something that the EPA was proposing to approve in our 
action, but rather is text from the existing CFR (40 CFR part 58), 
that, in a general sense, describes the circumstances that the EPA 
evaluates in determining whether to allow discontinuation of a monitor. 
We are not acting on a general policy regarding the circumstances under 
which ambient monitoring may be discontinued, nor are we acting on a 
specific instance of a monitor's discontinuation. Rather, we said in 
the DFR that we are not taking action on the State's request to shut 
down the Harvey's monitor, and that the EPA would respond to the 
State's

[[Page 26353]]

request in a separate action. We are instead approving a surrogate 
monitoring method for the State to use in the area.
    In addition, we believe the commenter is factually incorrect in 
stating that nothing is offered to reinstate ambient CO monitors ``if 
CO were ever to plague the region again.'' To the contrary, the EPA 
explained in the DFR the circumstances under which ambient monitoring 
would be re-started. The surrogate monitoring method is a method of 
monitoring that relies on indirect indicators (traffic counts) to be 
monitored during the entire second maintenance period, and that have in 
fact already commenced. The EPA has already received several years' 
worth of traffic count reports from the State. The surrogate monitoring 
method using traffic counts is an ongoing effort of the State, 
performed at two locations in the area. Further, if the traffic counts 
rise above trigger levels, the State will re-start ambient monitoring. 
Lastly, once ambient monitoring is triggered, specific stringent 
conditions must be met to discontinue ambient CO monitoring. This will 
be the case even if the EPA, in a separate future action, approves the 
State's 2012 request to discontinue ambient CO monitoring. That is, 
even if the EPA approves the shutdown of the Harvey's ambient CO 
monitor per the State's 2012 request, a triggered re-start of the 
monitor (``triggered monitoring'') would set in motion specific 
requirements before triggered monitoring could be discontinued. 
Regardless of the status of ambient CO monitoring, the State's traffic 
counts at two locations remain in place and are required by today's 
action to be continued throughout the maintenance period, through the 
end of 2024. The commenter did not provide any data or rationale for 
why monitoring methods should be addressed further.

IV. Final Action

    The EPA is approving revisions to the Nevada SIP. The revisions 
incorporate the 2012 maintenance plan and 2016 supplement. The EPA is 
also amending the effective date of the inclusion of these revisions to 
the State's SIP because the revisions were added to the SIP prematurely 
on May 9, 2017, when the EPA did not withdraw its DFR after receiving a 
comment on our approval of the State's two SIP submittals. This rule 
responds to the comment received, finalizes our approval and corrects 
the effective date for inclusion of the State's two submittals into the 
SIP.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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 the EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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, that includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 7, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action.
    This action approving the revisions to the State of Nevada's SIP 
may not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: May 23, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

[[Page 26354]]

Subpart DD--Nevada

0
2. Section 52.1470, paragraph (e) is amended by adding, under the table 
heading ``Air Quality Implementation Plan for the State of Nevada,'' 
two entries ``2012 Revision to the Nevada State Implementation Plan for 
Carbon Monoxide, April 2012'' and ``2016 Supplement to Nevada's 2nd 10-
Year CO Limited Maintenance Plan at Lake Tahoe, August 26, 2016'' after 
the entry ``Addendum to the October 27, 2003 letter of transmittal of 
the redesignation request and maintenance plan,'' to read as follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (e) * * *

                   EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                     Applicable
     Name of SIP provision          geographic or         State       EPA approval date        Explanation
                                 nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
                           AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2012 Revision to the Nevada      Nevada portion of         4/3/2012  [INSERT Federal     Adopted on 4/3/2012.
 State Implementation Plan for    Lake Tahoe Basin--                  Register            Approval excludes
 Carbon Monoxide, April 2012.     portions of                         CITATION] (6/7/     sections 3.2.4 and 4.
                                  Carson City,                        2017).              With 2016 supplement,
                                  Douglas and                                             fulfills requirement
                                  Washoe counties.                                        for second ten-year
                                                                                          maintenance plan.
2016 Supplement to Nevada's 2nd  Nevada portion of        8/26/2016  [INSERT Federal     Adopted on 8/26/2016.
 10-Year CO Limited Maintenance   Lake Tahoe Basin--                  Register            Approval includes
 Plan at Lake Tahoe, August 26,   portions of                         CITATION] (6/7/     revised sections 3.2.4
 2016.                            Carson City,                        2017).              and 4 (alternative CO
                                  Douglas and                                             monitoring strategy
                                  Washoe counties.                                        and contingency plan),
                                                                                          2011 emissions
                                                                                          inventory and 2024
                                                                                          projected emissions
                                                                                          inventory (Attachment
                                                                                          A), evidence of public
                                                                                          participation
                                                                                          (Attachment B) and
                                                                                          revised table of
                                                                                          contents for 2012
                                                                                          submittal (Attachment
                                                                                          F). Excludes
                                                                                          Attachments C, D and
                                                                                          E.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\1\ The organization of this table generally follows from the organization of the State of Nevada's original
  1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
  are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
  Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
  regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
  52.1470(c).

[FR Doc. 2017-11699 Filed 6-6-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                               Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Rules and Regulations                                                26351

                                               7. Records and Reports. Every DEA                     Executive Order 12866 (Regulatory                        For the reasons set out above, the DEA
                                             registrant must maintain records and                    Planning and Review), section 3(f), and,               amends 21 CFR part 1308 as follows:
                                             submit reports with respect to acetyl                   accordingly, this action has not been
                                             fentanyl pursuant to 21 U.S.C. 827 and                  reviewed by the Office of Management                   PART 1308—SCHEDULES OF
                                             958, and in accordance with 21 CFR                      and Budget (OMB).                                      CONTROLLED SUBSTANCES
                                             parts 1304 and 1312.                                                                                             1. The authority citation for part 1308
                                                                                                     Executive Order 13132
                                               8. Order Forms. All DEA registrants                                                                          continues to read as follows:
                                             who distribute acetyl fentanyl must                       This action does not have federalism
                                             comply with order form requirements                     implications warranting the application                  Authority: 21 U.S.C. 811, 812, 871(b),
                                                                                                     of Executive Order 13132. This action                  956(b), unless otherwise noted.
                                             pursuant to 21 U.S.C. 828 and in
                                             accordance with 21 CFR part 1305.                       does not have substantial direct effects               ■ 2. Amend § 1308.11 by:
                                               9. Importation and Exportation. All                   on the States, on the relationship                     ■ i. Redesignating paragraphs (b)(3)
                                             importation and exportation of acetyl                   between the national government and                    through (56) as (b)(4) through (57) and
                                             fentanyl must be in compliance with 21                  the States, or on the distribution of                  adding a new paragraph (b)(3); and
                                             U.S.C. 952, 953, 957, 958, and in                       power and responsibilities among the                   ■ ii. Removing paragraph (h)(4),
                                             accordance with 21 CFR part 1312.                       various levels of government. Therefore,               redesignating paragraphs (h)(5) through
                                               10. Liability. Any activity involving                 in accordance with Executive Order                     (15) as (h)(4) through (14), and adding
                                             acetyl fentanyl not authorized by, or in                13132 (Federalism) it is determined that               reserved paragraph (h)(15).
                                             violation of the CSA, is unlawful, and                  this action does not have sufficient                     The addition reads as follows:
                                             may subject the person to                               federalism implications to warrant the                 § 1308.11   Schedule I.
                                             administrative, civil, and/or criminal                  preparation of a Federalism Assessment.
                                                                                                                                                            *     *    *     *     *
                                             sanctions.                                              Executive Order 13175                                    (b) * * *
                                             Regulatory Analyses                                       This action does not have tribal                       (3) Acetyl fentanyl (N-(1-
                                                                                                     implications warranting the application                phenethylpiperidin-4-yl)-N-
                                             Administrative Procedure Act
                                                                                                     of Executive Order 13175. The action                   phenylacetamide)—9821
                                                The CSA provides for an expedited                    does not have substantial direct effects               *     *    *     *     *
                                             scheduling action where control is                      on one or more Indian tribes, on the
                                             required by the United States                                                                                    Dated: May 30, 2017.
                                                                                                     relationship between the Federal                       Chuck Rosenberg,
                                             obligations under international treaties,               government and Indian tribes, or on the
                                             conventions, or protocols. 21 U.S.C.                                                                           Acting Administrator.
                                                                                                     distribution of power and
                                             811(d)(1). If control is required pursuant              responsibilities between the Federal
                                                                                                                                                            [FR Doc. 2017–11795 Filed 6–6–17; 8:45 am]
                                             to such international treaty, convention,               government and Indian tribes.                          BILLING CODE 4410–09–P
                                             or protocol, the Attorney General must
                                             issue an order controlling such drug                    Regulatory Flexibility Act
                                             under the schedule he deems most                          The Regulatory Flexibility Act (RFA)                 ENVIRONMENTAL PROTECTION
                                             appropriate to carry out such                           (5 U.S.C. 601–612) applies to rules that               AGENCY
                                             obligations, without regard to the                      are subject to notice and comment
                                             findings or procedures otherwise                        under section 553(b) of the APA or any                 40 CFR Part 52
                                             required for scheduling actions. Id.                    other law. As explained above, the CSA                 [EPA–R09–OAR–2015–0399; FRL–9963–25–
                                                To the extent that 21 U.S.C. 811(d)(1)               exempts this final order from notice and               Region 9]
                                             directs that if control is required by the              comment. Consequently, the RFA does
                                             United States obligations under                         not apply to this action.                              Air Plan Approval; Nevada, Lake
                                             international treaties, conventions, or                                                                        Tahoe; Second 10-Year Carbon
                                             protocols in effect on October 27, 1970,                Paperwork Reduction Act of 1995                        Monoxide Limited Maintenance Plan
                                             scheduling actions shall be issued by                     This action does not impose a new
                                             order (as compared to scheduling                                                                               AGENCY:  Environmental Protection
                                                                                                     collection of information requirement
                                             pursuant to 21 U.S.C. 811(a) by rule),                                                                         Agency (EPA).
                                                                                                     under the Paperwork Reduction Act of
                                             the DEA believes that the notice and                    1995. 44 U.S.C. 3501–3521. An agency                   ACTION: Final rule.
                                             comment requirements of section 553 of                  may not conduct or sponsor, and a                      SUMMARY:   The Environmental Protection
                                             the Administrative Procedure Act                        person is not required to respond to, a                Agency (EPA) is taking final action to
                                             (APA), 5 U.S.C. 553, do not apply to this               collection of information unless it                    approve revisions to the State of
                                             scheduling action. In the alternative,                  displays a currently valid OMB control                 Nevada’s (‘‘State’’) April 3, 2012 state
                                             even if this action does constitute ‘‘rule              number.                                                implementation plan (SIP) submission
                                             making’’ under 5 U.S.C. 551(5), this
                                                                                                     Congressional Review Act                               and the State’s August 26, 2016
                                             action is exempt from the notice and
                                                                                                                                                            supplement to their 2012 submittal. The
                                             comment requirements of 5 U.S.C. 553                      This action is not a major rule as
                                                                                                                                                            State submitted these two SIP revisions
                                             pursuant to 21 U.S.C. 553(a)(1) as an                   defined by section 804 of the Small
                                                                                                                                                            for the Lake Tahoe, Nevada carbon
                                             action involving a foreign affairs                      Business Regulatory Enforcement
                                                                                                                                                            monoxide (CO) area to address the
                                             function of the United States given that                Fairness Act of 1996 (Congressional
                                                                                                                                                            Clean Air Act (CAA) requirement to
                                             this action is being done in accordance                 Review Act). However, the DEA has
                                                                                                                                                            submit by the eighth year of the first
                                             with 21 U.S.C. 811(d)(1)’s requirement                  submitted a copy of this final order to
pmangrum on DSK3GDR082PROD with RULES




                                                                                                                                                            maintenance plan a second 10-year
                                             that such action be taken to comply                     both Houses of Congress and to the
                                                                                                                                                            maintenance plan.
                                             with the United States obligations under                Comptroller General.
                                             the specified international agreements.                                                                        DATES: This final rule is effective on July
                                                                                                     List of Subjects in 21 CFR Part 1308                   7, 2017.
                                             Executive Order 12866                                     Administrative practice and                          ADDRESSES: The EPA has established a
                                               This action is not a significant                      procedure, Drug traffic control,                       docket for this action under Docket ID
                                             regulatory action as defined by                         Narcotics, Prescription drugs.                         Number EPA–R09–OAR–2015–0399. All


                                        VerDate Sep<11>2014   15:10 Jun 06, 2017   Jkt 241001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\07JNR1.SGM   07JNR1


                                             26352             Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Rules and Regulations

                                             documents in the docket are listed on                   the 2012 submittal and 2016                            State’s annual network plan and finalize
                                             the http://www.regulations.gov Web                      supplement on that date.                               this action.
                                             site. Although listed in the index, some                   In today’s final rule, the EPA is                     As described in the DFR, this action
                                             information is not publicly available,                  responding to the comment submitted                    incorporates the 2012 plan, as amended
                                             e.g., confidential business information                 on the EPA’s proposed approval of                      by the 2016 supplement, and specific
                                             (CBI) or other information whose                        revisions to the State’s SIP, is approving             portions of the 2016 supplement itself,
                                             disclosure is restricted by statute.                    the 2012 SIP submittal and 2016                        into the federally enforceable SIP.
                                             Certain other material, such as                         supplement into the SIP, and is                        Together, these two submittals meet the
                                             copyrighted material, is not placed on                  amending the effective date of the                     applicable CAA requirements, and the
                                             the Internet and will be publicly                       regulations’ inclusion in the SIP to                   EPA has determined they are sufficient
                                             available only in hard copy form.                       correct our failure to withdraw the DFR                to provide for maintenance of the CO
                                             Publicly available docket materials are                 (after the EPA received an adverse                     NAAQS over the course of the second
                                             available through http://                               public comment) prior to the May 9,                    10-year maintenance period through
                                             www.regulations.gov, or please contact                  2017 effective date of the DFR.                        2024.
                                             the person identified in the FOR FURTHER                II. Summary of SIP Revision and the                    III. Public Comment and the EPA’s
                                             INFORMATION CONTACT section for                         EPA’s Analysis                                         Response
                                             additional availability information.
                                                                                                        As described in the DFR, the State’s                   The EPA received an adverse
                                             FOR FURTHER INFORMATION CONTACT: John
                                                                                                     2012 submittal was a limited                           comment from an anonymous
                                             Kelly, EPA Region IX, (415) 947–4151,                   maintenance plan (LMP). A LMP is                       commenter (‘‘commenter’’) on March
                                             kelly.johnj@epa.gov.                                    appropriate for CO areas that are below                14, 2017.3
                                             SUPPLEMENTARY INFORMATION:                              85 percent of the 8-hour CO national                      Comment Summary: The commenter
                                             I. Background                                           ambient air quality standards (NAAQS).                 noted their support for the EPA’s action,
                                                                                                     The following are the key elements of a                stating that it would have a positive
                                                On March 10, 2017 (82 FR 13235), the                 LMP for CO: Attainment inventory,                      effect on the environment and would
                                             EPA published a direct final rule (DFR)                 maintenance demonstration, monitoring                  benefit the public. However, the
                                             approving two SIP revisions submitted                   network, verification of continued                     commenter went on to comment
                                             by the Nevada Division of                               attainment, contingency plan, and                      adversely on the EPA’s approval of the
                                             Environmental Protection. On April 3,                   conformity determinations.1                            State’s surrogate monitoring method,
                                             2012, the State submitted to the EPA a                     The 2012 plan contains the following                because monitoring methods are
                                             CO maintenance plan as a SIP revision.                  sections to address these elements: (1)                important to safeguard against a
                                             This 2012 maintenance plan was                          An introductory section containing a                   possible return of high levels of CO
                                             intended to meet the CAA requirement                    general discussion of plan approvals for               occurring in the region again, and the
                                             (see CAA section 175A(b)) to submit a                   the area and its redesignation to                      plan the EPA was approving did not
                                             second maintenance plan. The CAA                        attainment; (2) a maintenance plan                     offer any scenarios for reinstating
                                             requires that, in the eighth year of an                 section including subsections on                       monitoring.
                                             area’s first 10-year maintenance plan, a                monitoring data for the area, air quality                 Response: The EPA acknowledges the
                                             second maintenance plan be submitted                    trends and background on the State’s                   commenter’s support. However, we
                                             covering an additional ten years beyond                 intention to discontinue monitoring CO                 disagree with some of the assertions and
                                             the first 10-year period. Subsequently,                 at the only remaining gaseous CO                       conclusions in the comment. First, the
                                             on August 26, 2016, the State submitted                 ambient monitor in the Lake Tahoe                      text the commenter quoted from our
                                             a supplement to their 2012 submittal.                   basin located at Harvey’s Resort and                   action was taken from the Code of
                                                In the March 10, 2017 DFR, the EPA                   Hotel in Stateline, Nevada (hereinafter,               Federal Regulations (CFR). The text the
                                             also approved a surrogate monitoring                    the ’’Harvey’s monitor’’); (3) a section               commenter quoted was that monitoring
                                             method for the State to monitor ambient                 titled ’’Verification of Continued                     may be discontinued if the monitor in
                                             levels of CO in the area. This surrogate                Attainment’’ that addresses population                 question has not measured violations of
                                             monitoring method was described in                      change, traffic volumes, meteorology                   the applicable NAAQS in the previous
                                             both the 2012 submittal and 2016                        and the State’s surrogate monitoring                   five years. This text is not something
                                             supplement, with the 2016 supplement                    method; (4) contingency measures for                   that the EPA was proposing to approve
                                             containing the State’s final intended                   the area; and (5) transportation                       in our action, but rather is text from the
                                             method.                                                 conformity requirements.                               existing CFR (40 CFR part 58), that, in
                                                In the March 10, 2017 DFR, the EPA                      The 2016 supplement revises several                 a general sense, describes the
                                             stated that if adverse comments were                    sections of the 2012 plan and contains                 circumstances that the EPA evaluates in
                                             received by April 10, 2017, the EPA                     an emissions inventory. The DFR                        determining whether to allow
                                             would publish a timely withdrawal and                   describes our evaluation of the 2012                   discontinuation of a monitor. We are not
                                             address the comments in a subsequent                    plan and 2016 supplement as they                       acting on a general policy regarding the
                                             final rule based on the notice of                       pertain to each of the required LMP                    circumstances under which ambient
                                             proposed rulemaking (NPR), also                         elements.2 Although we approved the                    monitoring may be discontinued, nor
                                             published on March 10, 2017 (82 FR                      State’s surrogate monitoring method in                 are we acting on a specific instance of
                                             13269).                                                 the DFR, we took no action on the                      a monitor’s discontinuation. Rather, we
                                                In this instance, the EPA received an                State’s monitor shutdown request and                   said in the DFR that we are not taking
                                             adverse comment on the alternative                      anticipate acting on the request in a                  action on the State’s request to shut
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                                             monitoring strategy and attempted to                    separate action after we review the                    down the Harvey’s monitor, and that the
                                             withdraw the DFR prior to the effective                                                                        EPA would respond to the State’s
                                             date of May 9, 2017. However, the EPA                     1 See DFR footnote 1 for a further discussion of

                                             inadvertently did not withdraw the DFR                  LMP requirements (82 FR 13235, March 10, 2017).          3 We note that, although we did receive another
                                                                                                       2 In the DFR we also noted that for this area, the   comment (regarding ‘‘chemtrails’’), we believe the
                                             prior to that date and the rule                         initial maintenance period extended through 2014       comment is immaterial to the purpose of this
                                             prematurely became effective on May 9,                  and that the second 10-year maintenance period         action, and we are not addressing the comment in
                                             2017, revising the State’s SIP to include               therefore extends through 2024.                        this action.



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                                                               Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Rules and Regulations                                                26353

                                             request in a separate action. We are                    V. Statutory and Executive Order                       costs on tribal governments or preempt
                                             instead approving a surrogate                           Reviews                                                tribal law.
                                             monitoring method for the State to use                  A. General Requirements                                B. Submission to Congress and the
                                             in the area.                                                                                                   Comptroller General
                                                                                                        Under the CAA, the Administrator is
                                                In addition, we believe the                          required to approve a SIP submission
                                             commenter is factually incorrect in                                                                              The Congressional Review Act, 5
                                                                                                     that complies with the provisions of the               U.S.C. 801 et seq., as added by the Small
                                             stating that nothing is offered to                      CAA and applicable federal regulations.                Business Regulatory Enforcement
                                             reinstate ambient CO monitors ‘‘if CO                   42 U.S.C. 7410(k); 40 CFR 52.02(a).                    Fairness Act of 1996, generally provides
                                             were ever to plague the region again.’’                 Thus, in reviewing SIP submissions, the                that before a rule may take effect, the
                                             To the contrary, the EPA explained in                   EPA’s role is to approve state choices,                agency promulgating the rule must
                                             the DFR the circumstances under which                   provided that they meet the criteria of                submit a rule report, that includes a
                                             ambient monitoring would be re-started.                 the CAA. Accordingly, this action                      copy of the rule, to each House of the
                                             The surrogate monitoring method is a                    merely approves state law as meeting                   Congress and to the Comptroller General
                                             method of monitoring that relies on                     federal requirements and does not                      of the United States. The EPA will
                                             indirect indicators (traffic counts) to be              impose additional requirements beyond                  submit a report containing this action
                                             monitored during the entire second                      those imposed by state law. For that                   and other required information to the
                                             maintenance period, and that have in                    reason, this action:                                   U.S. Senate, the U.S. House of
                                             fact already commenced. The EPA has                        • Is not a ‘‘significant regulatory                 Representatives, and the Comptroller
                                             already received several years’ worth of                action’’ subject to review by the Office               General of the United States prior to
                                             traffic count reports from the State. The               of Management and Budget under                         publication of the rule in the Federal
                                             surrogate monitoring method using                       Executive Orders 12866 (58 FR 51735,                   Register. A major rule cannot take effect
                                             traffic counts is an ongoing effort of the              October 4, 1993) and 13563 (76 FR 3821,                until 60 days after it is published in the
                                             State, performed at two locations in the                January 21, 2011);                                     Federal Register. This action is not a
                                             area. Further, if the traffic counts rise                  • does not impose an information                    ‘‘major rule’’ as defined by 5 U.S.C.
                                             above trigger levels, the State will re-                collection burden under the provisions                 804(2).
                                             start ambient monitoring. Lastly, once                  of the Paperwork Reduction Act (44
                                                                                                     U.S.C. 3501 et seq.);                                  C. Petitions for Judicial Review
                                             ambient monitoring is triggered, specific
                                                                                                        • is certified as not having a
                                             stringent conditions must be met to                                                                               Under section 307(b)(1) of the CAA,
                                                                                                     significant economic impact on a
                                             discontinue ambient CO monitoring.                                                                             petitions for judicial review of this
                                                                                                     substantial number of small entities
                                             This will be the case even if the EPA,                                                                         action must be filed in the United States
                                                                                                     under the Regulatory Flexibility Act (5
                                             in a separate future action, approves the                                                                      Court of Appeals for the appropriate
                                                                                                     U.S.C. 601 et seq.);
                                             State’s 2012 request to discontinue                                                                            circuit by August 7, 2017. Filing a
                                                                                                        • does not contain any unfunded
                                             ambient CO monitoring. That is, even if                                                                        petition for reconsideration by the
                                                                                                     mandate or significantly or uniquely
                                             the EPA approves the shutdown of the                                                                           Administrator of this final rule does not
                                                                                                     affect small governments, as described
                                             Harvey’s ambient CO monitor per the                                                                            affect the finality of this action for the
                                                                                                     in the Unfunded Mandates Reform Act
                                             State’s 2012 request, a triggered re-start                                                                     purposes of judicial review nor does it
                                                                                                     of 1995 (Pub. L. 104–4);
                                             of the monitor (‘‘triggered monitoring’’)                  • does not have federalism                          extend the time within which a petition
                                             would set in motion specific                            implications as specified in Executive                 for judicial review may be filed, and
                                             requirements before triggered                           Order 13132 (64 FR 43255, August 10,                   shall not postpone the effectiveness of
                                             monitoring could be discontinued.                       1999);                                                 such rule or action.
                                             Regardless of the status of ambient CO                     • is not an economically significant                   This action approving the revisions to
                                             monitoring, the State’s traffic counts at               regulatory action based on health or                   the State of Nevada’s SIP may not be
                                             two locations remain in place and are                   safety risks subject to Executive Order                challenged later in proceedings to
                                             required by today’s action to be                        13045 (62 FR 19885, April 23, 1997);                   enforce its requirements. (See section
                                             continued throughout the maintenance                       • is not a significant regulatory action            307(b)(2).)
                                             period, through the end of 2024. The                    subject to Executive Order 13211 (66 FR                List of Subjects in 40 CFR Part 52
                                             commenter did not provide any data or                   28355, May 22, 2001);
                                             rationale for why monitoring methods                       • is not subject to requirements of                   Environmental protection, Air
                                             should be addressed further.                            Section 12(d) of the National                          pollution control, Carbon monoxide,
                                                                                                     Technology Transfer and Advancement                    Incorporation by reference,
                                             IV. Final Action                                        Act of 1995 (15 U.S.C. 272 note) because               Intergovernmental relations, Reporting
                                                                                                     application of those requirements would                and recordkeeping requirements.
                                                The EPA is approving revisions to the                be inconsistent with the CAA; and
                                             Nevada SIP. The revisions incorporate                                                                            Dated: May 23, 2017.
                                                                                                        • does not provide the EPA with the                 Alexis Strauss,
                                             the 2012 maintenance plan and 2016                      discretionary authority to address, as
                                             supplement. The EPA is also amending                                                                           Acting Regional Administrator, Region IX.
                                                                                                     appropriate, disproportionate human
                                             the effective date of the inclusion of                  health or environmental effects, using                   Chapter I, title 40 of the Code of
                                             these revisions to the State’s SIP                      practicable and legally permissible                    Federal Regulations is amended as
                                             because the revisions were added to the                 methods, under Executive Order 12898                   follows:
                                             SIP prematurely on May 9, 2017, when                    (59 FR 7629, February 16, 1994).
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                                             the EPA did not withdraw its DFR after                     In addition, this rule does not have                PART 52—APPROVAL AND
                                             receiving a comment on our approval of                  tribal implications as specified by                    PROMULGATION OF
                                             the State’s two SIP submittals. This rule               Executive Order 13175 (65 FR 67249,                    IMPLEMENTATION PLANS
                                             responds to the comment received,                       November 9, 2000), because the SIP is
                                             finalizes our approval and corrects the                 not approved to apply in Indian country                ■ 1. The authority citation for part 52
                                             effective date for inclusion of the State’s             located in the State, and the EPA notes                continues to read as follows:
                                             two submittals into the SIP.                            that it will not impose substantial direct                 Authority: 42 U.S.C. 7401 et seq.



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                                             26354             Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Rules and Regulations

                                             Subpart DD—Nevada                                        State Implementation Plan for Carbon                        letter of transmittal of the redesignation
                                                                                                      Monoxide, April 2012’’ and ‘‘2016                           request and maintenance plan,’’ to read
                                             ■ 2. Section 52.1470, paragraph (e) is                   Supplement to Nevada’s 2nd 10-Year                          as follows:
                                             amended by adding, under the table                       CO Limited Maintenance Plan at Lake
                                             heading ‘‘Air Quality Implementation                                                                                 § 52.1470    Identification of plan.
                                                                                                      Tahoe, August 26, 2016’’ after the entry
                                             Plan for the State of Nevada,’’ two                      ‘‘Addendum to the October 27, 2003                          *       *    *       *     *
                                             entries ‘‘2012 Revision to the Nevada                                                                                    (e) * * *

                                                                EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
                                                                                    Applicable geographic or       State submittal
                                                 Name of SIP provision                                                                             EPA approval date                       Explanation
                                                                                      nonattainment area                date

                                                                                      AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA 1


                                                      *                  *                    *                                 *                        *                          *                   *
                                             2012 Revision to the Ne-      Nevada portion of Lake                          4/3/2012        [INSERT Federal Register           Adopted on 4/3/2012. Approval ex-
                                               vada State Implementation     Tahoe Basin—portions of                                          CITATION] (6/7/2017).             cludes sections 3.2.4 and 4. With
                                               Plan for Carbon Mon-          Carson City, Douglas                                                                               2016 supplement, fulfills require-
                                               oxide, April 2012.            and Washoe counties.                                                                               ment for second ten-year mainte-
                                                                                                                                                                                nance plan.
                                             2016 Supplement to Ne-                Nevada portion of Lake                 8/26/2016        [INSERT Federal Register           Adopted on 8/26/2016. Approval in-
                                               vada’s 2nd 10-Year CO                 Tahoe Basin—portions of                                  CITATION] (6/7/2017).             cludes revised sections 3.2.4 and
                                               Limited Maintenance Plan              Carson City, Douglas                                                                       4 (alternative CO monitoring strat-
                                               at Lake Tahoe, August 26,             and Washoe counties.                                                                       egy and contingency plan), 2011
                                               2016.                                                                                                                            emissions inventory and 2024 pro-
                                                                                                                                                                                jected emissions inventory (At-
                                                                                                                                                                                tachment A), evidence of public
                                                                                                                                                                                participation (Attachment B) and
                                                                                                                                                                                revised table of contents for 2012
                                                                                                                                                                                submittal (Attachment F). Ex-
                                                                                                                                                                                cludes Attachments C, D and E.

                                                       *                       *                        *                          *                        *                      *                     *
                                                       *                    *                    *                    *                    *                    *                  *
                                               1 The organization of this table generally follows from the organization of the State of Nevada’s original 1972 SIP, which was divided into 12
                                             sections. Nonattainment and maintenance plans, among other types of plans, are listed under Section 5 (Control Strategy). Lead SIPs and Small
                                             Business Stationary Source Technical and Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or
                                             quasi-regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR 52.1470(c).


                                             [FR Doc. 2017–11699 Filed 6–6–17; 8:45 am]               commerce from June 1 to September 15                        whose disclosure is restricted by statute.
                                             BILLING CODE 6560–50–P                                   of each year in Davidson, Rutherford,                       Certain other material, such as
                                                                                                      Sumner, Williamson, and Wilson                              copyrighted material, is not placed on
                                                                                                      Counties (the Middle Tennessee Area).                       the Internet and will be publicly
                                             ENVIRONMENTAL PROTECTION                                 Specifically, EPA is approving                              available only in hard copy form.
                                             AGENCY                                                   amendments to the regulations to allow                      Publicly available docket materials are
                                                                                                      the gasoline RVP standard for the five                      available electronically through
                                             40 CFR Part 80                                           counties to rise from 7.8 pounds per                        www.regulations.gov.
                                                                                                      square inch (psi) to 9.0 psi. EPA has
                                             [EPA–HQ–OAR–2016–0631; FRL–9963–54–                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                      determined that this change to the
                                             OAR]                                                                                                                 David Dickinson, Office of
                                                                                                      federal RVP regulation is consistent
                                                                                                                                                                  Transportation and Air Quality, U.S.
                                             Approval of Tennessee’s Request To                       with the applicable provisions of the
                                                                                                                                                                  Environmental Protection Agency, 1200
                                             Relax the Federal Reid Vapor Pressure                    Clean Air Act (CAA). Finally, EPA is
                                                                                                                                                                  Pennsylvania Avenue, Washington, DC
                                             Gasoline Volatility Standard for                         making several minor technical
                                                                                                                                                                  20460; telephone number: (202) 343–
                                             Davidson, Rutherford, Sumner,                            corrections to address clerical errors
                                                                                                                                                                  9256; email address: dickinson.david@
                                             Williamson, and Wilson Counties; and                     made in prior rulemakings that relaxed
                                                                                                                                                                  epa.gov, or Rudolph Kapichak, Office of
                                             Minor Technical Corrections for                          the gasoline RVP standard in other
                                                                                                                                                                  Transportation and Air Quality, U.S.
                                             Federal Reid Vapor Pressure Gasoline                     areas.
                                                                                                                                                                  Environmental Protection Agency, 2000
                                             Volatility Standards in Other Areas                      DATES:  This final rule is effective on                     Traverwood Drive, Ann Arbor, MI
                                             AGENCY:  Environmental Protection                        June 7, 2017.                                               48105; telephone number: (734) 214–
                                             Agency (EPA).                                            ADDRESSES: EPA has established a                            4574; email address: kapichak.rudolph@
                                                                                                      docket for this action under Docket ID                      epa.gov.
                                             ACTION: Final rule.
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                                                                                                      No. EPA–HQ–OAR–2016–0631. All                               SUPPLEMENTARY INFORMATION:
                                             SUMMARY:  The Environmental Protection                   documents in the docket are listed on                          The contents of this preamble are
                                             Agency (EPA) is taking final action to                   the www.regulations.gov Web site.                           listed in the following outline:
                                             approve a request from the state of                      Although listed in the index, some                          I. General Information
                                             Tennessee for EPA to relax the Reid                      information may not be publicly                             II. Action Being Taken
                                             Vapor Pressure (RVP) standard                            available, e.g., Confidential Business                      III. History of the Gasoline Volatility
                                             applicable to gasoline introduced into                   Information (CBI) or other information                            Requirement



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Document Created: 2017-06-07 02:01:13
Document Modified: 2017-06-07 02:01:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on July 7, 2017.
ContactJohn Kelly, EPA Region IX, (415) 947- 4151, [email protected]
FR Citation82 FR 26351 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements

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