82_FR_48971 82 FR 48769 - Approval and Promulgation of Air Quality Implementation Plans; Nevada; Rescission of Visibility Protection Federal Implementation Plan for the Mohave Generating Station

82 FR 48769 - Approval and Promulgation of Air Quality Implementation Plans; Nevada; Rescission of Visibility Protection Federal Implementation Plan for the Mohave Generating Station

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range48769-48770
FR Document2017-22701

The Environmental Protection Agency (EPA) is approving the Nevada Division of Environmental Protection's (NDEP) request to rescind the visibility protection Federal Implementation Plan (FIP) that we promulgated on February 8, 2002, to regulate air pollutant emissions from the Mohave Generating Station (MGS), located in Clark County, Nevada. The EPA is approving the NDEP's request because MGS has been decommissioned and demolished.

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017)
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Rules and Regulations]
[Pages 48769-48770]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22701]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0271; FRL-9969-85-Region 9]


Approval and Promulgation of Air Quality Implementation Plans; 
Nevada; Rescission of Visibility Protection Federal Implementation Plan 
for the Mohave Generating Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Nevada Division of Environmental Protection's (NDEP) request to rescind 
the visibility protection Federal Implementation Plan (FIP) that we 
promulgated on February 8, 2002, to regulate air pollutant emissions 
from the Mohave Generating Station (MGS), located in Clark County, 
Nevada. The EPA is approving the NDEP's request because MGS has been 
decommissioned and demolished.

DATES: This rule is effective November 20, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2017-0271. All 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: Krishna Viswanathan, EPA, Region IX, 
Air Division, Air Planning Office, (520) 999-7880 or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action and Public Comment Period
II. Final Action
III. Environmental Justice Considerations
IV. Statutory and Executive Order Reviews

I. Proposed Action and Public Comment Period

    On June 22, 2017, the EPA proposed to rescind the MGS FIP because 
MGS had been decommissioned and demolished, as demonstrated by the 
supporting documentation provided by the NDEP.\1\ The EPA's proposed 
action provided a 45-day public comment period. The EPA did not receive 
any comments on the proposal to rescind the MGS FIP.
---------------------------------------------------------------------------

    \1\ For details on the EPA's original FIP and additional 
background, see proposal at 82 FR 28433.
---------------------------------------------------------------------------

II. Final Action

    For the reasons explained in our proposal, we are approving the 
NDEP's request to rescind the MGS FIP.

III. Environmental Justice Considerations

    The EPA believes that this action will not have potential 
disproportionately high and adverse human health or environmental 
effects on minority, low-income, or indigenous populations because it 
merely rescinds a FIP that is no longer applicable because the subject 
facility has been decommissioned and demolished.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://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 action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because actions such as the Rescission of Visibility Protection Federal 
Implementation Plan for the Mohave Generating Station that apply to 
only one source is a Rule of Particular Applicability that are exempted 
under Executive Order 12866.

[[Page 48770]]

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

D. Regulatory Flexibility Act (RFA)

    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.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects 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.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. It will not have substantial direct effects on 
any Indian tribes, on the relationship between the federal government 
and Indian tribes, or on the distribution of power and responsibilities 
between the federal government and Indian tribes. Thus, Executive Order 
13175 does not apply to this action.

H. 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 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 merely rescinds a FIP covering a generating station that has 
been decommissioned and demolished.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards. The EPA is 
not revising any technical standards or imposing any new technical 
standards in this action.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
documentation for this decision is contained in section III above.

L. Determination Under Section 307(d)

    Pursuant to CAA section 307(d)(1)(B), the EPA has determined that 
this action is subject to the provisions of section 307(d). Section 
307(d) establishes procedural requirements specific to certain 
rulemaking actions under the CAA. Pursuant to CAA section 307(d)(1)(B), 
the rescission of the MGS FIP is subject to the requirements of CAA 
section 307(d), as it constitutes a revision to a FIP under CAA section 
110(c). Furthermore, CAA section 307(d)(1)(V) provides that the 
provisions of section 307(d) apply to ``such other actions as the 
Administrator may determine.'' The EPA determines that the provisions 
of 307(d) apply to the EPA's action on the MGS FIP rescission.

M. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular 
applicability. The EPA is not required to submit a rule report 
regarding this action under section 801 because this is a rule of 
particular applicability that only applies to a single, decommissioned 
facility.

N. Petitions for Judicial Review

    Under CAA section 307(b)(1), petitions for judicial review of this 
action must be filed in the United States Court of Appeals for the 
appropriate circuit by December 19, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Sulfur oxides.

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

    Dated: October 13, 2017.
E. Scott Pruitt,
Administrator, EPA.

    For the reasons set forth in the preamble, EPA amends 40 CFR part 
52 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.

Subpart DD--Nevada


Sec.  52.1488  [Amended]

0
2. Section 52.1488 is amended by removing and reserving paragraph (d).

[FR Doc. 2017-22701 Filed 10-19-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                               Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations                                                48769

                                                • Does not have Federalism                              (b) Approval. Wisconsin submitted its              Table of Contents
                                             implications as specified in Executive                  five-year progress report on March 17,                I. Proposed Action and Public Comment
                                             Order 13132 (64 FR 43255, August 10,                    2017. The Progress Report meets the                         Period
                                             1999);                                                  requirements of Clean Air Act sections                II. Final Action
                                                • Is not an economically significant                 169A and 169B and the Regional Haze                   III. Environmental Justice Considerations
                                             regulatory action based on health or                    Rule in § 51.308.                                     IV. Statutory and Executive Order Reviews
                                             safety risks subject to Executive Order                 [FR Doc. 2017–22705 Filed 10–19–17; 8:45 am]
                                             13045 (62 FR 19885, April 23, 1997);                    BILLING CODE 6560–50–P
                                                                                                                                                           I. Proposed Action and Public Comment
                                                • Is not a significant regulatory action                                                                   Period
                                             subject to Executive Order 13211 (66 FR                                                                         On June 22, 2017, the EPA proposed
                                             28355, May 22, 2001);                                   ENVIRONMENTAL PROTECTION                              to rescind the MGS FIP because MGS
                                                • Is not subject to requirements of                  AGENCY                                                had been decommissioned and
                                             section 12(d) of the National                                                                                 demolished, as demonstrated by the
                                             Technology Transfer and Advancement                     40 CFR Part 52
                                                                                                                                                           supporting documentation provided by
                                             Act of 1995 (15 U.S.C. 272 note) because                [EPA–R09–OAR–2017–0271; FRL–9969–85–                  the NDEP.1 The EPA’s proposed action
                                             application of those requirements would                 Region 9]                                             provided a 45-day public comment
                                             be inconsistent with the CAA; and                                                                             period. The EPA did not receive any
                                                • Does not provide EPA with the                      Approval and Promulgation of Air
                                                                                                                                                           comments on the proposal to rescind
                                             discretionary authority to address, as                  Quality Implementation Plans; Nevada;
                                                                                                                                                           the MGS FIP.
                                             appropriate, disproportionate human                     Rescission of Visibility Protection
                                             health or environmental effects, using                  Federal Implementation Plan for the                   II. Final Action
                                             practicable and legally permissible                     Mohave Generating Station
                                                                                                                                                             For the reasons explained in our
                                             methods, under Executive Order 12898                    AGENCY:  Environmental Protection                     proposal, we are approving the NDEP’s
                                             (59 FR 7629, February 16, 1994).                        Agency (EPA).
                                                In addition, the SIP is not approved                                                                       request to rescind the MGS FIP.
                                                                                                     ACTION: Final rule.
                                             to apply on any Indian reservation land                                                                       III. Environmental Justice
                                             or in any other area where EPA or an                    SUMMARY:   The Environmental Protection               Considerations
                                             Indian tribe has demonstrated that a                    Agency (EPA) is approving the Nevada
                                             tribe has jurisdiction. In those areas of                                                                       The EPA believes that this action will
                                                                                                     Division of Environmental Protection’s
                                             Indian country, the rule does not have                                                                        not have potential disproportionately
                                                                                                     (NDEP) request to rescind the visibility
                                             tribal implications and will not impose                                                                       high and adverse human health or
                                                                                                     protection Federal Implementation Plan
                                             substantial direct costs on tribal                                                                            environmental effects on minority, low-
                                                                                                     (FIP) that we promulgated on February
                                             governments or preempt tribal law as                                                                          income, or indigenous populations
                                                                                                     8, 2002, to regulate air pollutant
                                             specified by Executive Order 13175 (65                                                                        because it merely rescinds a FIP that is
                                                                                                     emissions from the Mohave Generating
                                             FR 67249, November 9, 2000).                                                                                  no longer applicable because the subject
                                                                                                     Station (MGS), located in Clark County,
                                                                                                                                                           facility has been decommissioned and
                                             List of Subjects in 40 CFR Part 52                      Nevada. The EPA is approving the
                                                                                                                                                           demolished.
                                                                                                     NDEP’s request because MGS has been
                                               Environmental protection, Air                         decommissioned and demolished.                        IV. Statutory and Executive Order
                                             pollution control, Incorporation by                     DATES: This rule is effective November                Reviews
                                             reference, Intergovernmental relations,                 20, 2017.
                                             Nitrogen dioxide, Particulate matter,                                                                           Additional information about these
                                                                                                     ADDRESSES: The EPA has established a
                                             Reporting and recordkeeping                                                                                   statutes and Executive Orders can be
                                                                                                     docket for this action under Docket ID                found at http://www2.epa.gov/laws-
                                             requirements, Sulfur oxides, Volatile
                                                                                                     No. EPA–R09–OAR–2017–0271. All                        regulations/laws-and-executive-orders.
                                             organic compounds.
                                                                                                     documents in the docket are listed on
                                               Dated: October 10, 2017.                              the http://www.regulations.gov Web                    A. Executive Order 12866: Regulatory
                                             Robert A. Kaplan,                                       site. Although listed in the index, some              Planning and Review and Executive
                                             Acting Regional Administrator, Region 5.                information is not publicly available,                Order 13563: Improving Regulation and
                                                 40 CFR part 52 is amended as follows:               e.g., Confidential Business Information               Regulatory Review
                                                                                                     (CBI) or other information whose
                                                                                                     disclosure is restricted by statute.                    This action is not a significant
                                             PART 52—APPROVAL AND
                                                                                                     Certain other material, such as                       regulatory action and was therefore not
                                             PROMULGATION OF
                                                                                                     copyrighted material, is not placed on                submitted to the Office of Management
                                             IMPLEMENTATION PLANS
                                                                                                     the Internet and will be publicly                     and Budget (OMB) for review.
                                             ■ 1. The authority citation for part 52                 available only in hard copy form.                     B. Executive Order 13771: Reducing
                                             continues to read as follows:                           Publicly available docket materials are               Regulations and Controlling Regulatory
                                                 Authority: 42 U.S.C. 7401 et seq.                   available through http://                             Costs
                                                                                                     www.regulations.gov, or please contact
                                             Subpart YY—Wisconsin                                    the person identified in the FOR FURTHER                This action is not an Executive Order
                                                                                                     INFORMATION CONTACT section for                       13771 regulatory action because actions
                                             ■   2. Add § 52.2593 to read as follows:                additional availability information.                  such as the Rescission of Visibility
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                           Protection Federal Implementation Plan
                                             § 52.2593    Visibility protection.
                                                                                                     Krishna Viswanathan, EPA, Region IX,                  for the Mohave Generating Station that
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                                               (a) Approval. Wisconsin submitted its                                                                       apply to only one source is a Rule of
                                             regional haze plan to EPA on January                    Air Division, Air Planning Office, (520)
                                                                                                     999–7880 or viswanathan.krishna@                      Particular Applicability that are
                                             18, 2012, supplemented on June 7, 2012.                                                                       exempted under Executive Order 12866.
                                             The Wisconsin regional haze plan meets                  epa.gov.
                                             the requirements of Clean Air Act                       SUPPLEMENTARY INFORMATION:                              1 For details on the EPA’s original FIP and
                                             section 169B and the Regional Haze                      Throughout this document, ‘‘we,’’ ‘‘us,’’             additional background, see proposal at 82 FR
                                             Rule in § 51.308.                                       and ‘‘our’’ refer to the EPA.                         28433.



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                                             48770             Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations

                                             C. Paperwork Reduction Act (PRA)                        significant regulatory action under                   shall not postpone the effectiveness of
                                               This action does not impose an                        Executive Order 12866.                                such rule or action.
                                             information collection burden under the                 J. National Technology Transfer and                   List of Subjects in 40 CFR Part 52
                                             provisions of the Paperwork Reduction                   Advancement Act
                                             Act, 44 U.S.C. 3501 et seq.                                                                                     Environmental protection, Air
                                                                                                       This rulemaking does not involve                    pollution control, Incorporation by
                                             D. Regulatory Flexibility Act (RFA)                     technical standards. The EPA is not                   reference, Sulfur oxides.
                                                I certify that this action will not have             revising any technical standards or                       Authority: 42 U.S.C. 7401 et seq.
                                             a significant economic impact on a                      imposing any new technical standards
                                                                                                                                                             Dated: October 13, 2017.
                                             substantial number of small entities                    in this action.
                                                                                                                                                           E. Scott Pruitt,
                                             under the RFA. This action will not                     K. Executive Order 12898: Federal                     Administrator, EPA.
                                             impose any requirements on small                        Actions To Address Environmental
                                             entities.                                               Justice in Minority Populations and                     For the reasons set forth in the
                                             E. Unfunded Mandates Reform Act                         Low-Income Populations                                preamble, EPA amends 40 CFR part 52
                                             (UMRA)                                                                                                        as follows:
                                                                                                        The EPA believes that this action does
                                               This action does not contain an                       not have disproportionately high and                  PART 52—APPROVAL AND
                                             unfunded mandate of $100 million or                     adverse human health or environmental                 PROMULGATION OF
                                             more as described in UMRA, 2 U.S.C.                     effects on minority populations, low-                 IMPLEMENTATION PLANS
                                             1531–1538, and does not significantly or                income populations, and/or indigenous
                                             uniquely affect small governments.                      peoples, as specified in Executive Order              ■ 1. The authority citation for part 52
                                                                                                     12898 (59 FR 7629, February 16, 1994).                continues to read as follows:
                                             F. Executive Order 13132: Federalism
                                                                                                     The documentation for this decision is                    Authority: 42 U.S.C. 7401, et seq.
                                               This action does not have federalism                  contained in section III above.
                                             implications. It will not have substantial                                                                    Subpart DD—Nevada
                                             direct effects on the states, on the                    L. Determination Under Section 307(d)
                                             relationship between the national                                                                             § 52.1488    [Amended]
                                                                                                        Pursuant to CAA section 307(d)(1)(B),
                                             government and the states, or on the                    the EPA has determined that this action               ■ 2. Section 52.1488 is amended by
                                             distribution of power and                               is subject to the provisions of section               removing and reserving paragraph (d).
                                             responsibilities among the various                      307(d). Section 307(d) establishes                    [FR Doc. 2017–22701 Filed 10–19–17; 8:45 am]
                                             levels of government.                                   procedural requirements specific to                   BILLING CODE 6560–50–P
                                             G. Executive Order 13175: Consultation                  certain rulemaking actions under the
                                             and Coordination With Indian Tribal                     CAA. Pursuant to CAA section
                                             Governments                                             307(d)(1)(B), the rescission of the MGS
                                                                                                                                                           DEPARTMENT OF HEALTH AND
                                               This action does not have tribal                      FIP is subject to the requirements of
                                                                                                                                                           HUMAN SERVICES
                                             implications, as specified in Executive                 CAA section 307(d), as it constitutes a
                                             Order 13175. It will not have substantial               revision to a FIP under CAA section                   Centers for Medicare & Medicaid
                                             direct effects on any Indian tribes, on                 110(c). Furthermore, CAA section                      Services
                                             the relationship between the federal                    307(d)(1)(V) provides that the
                                             government and Indian tribes, or on the                 provisions of section 307(d) apply to                 42 CFR Part 493
                                             distribution of power and                               ‘‘such other actions as the Administrator
                                             responsibilities between the federal                    may determine.’’ The EPA determines                   [CMS–3271–F]
                                             government and Indian tribes. Thus,                     that the provisions of 307(d) apply to
                                             Executive Order 13175 does not apply                    the EPA’s action on the MGS FIP                       RIN 0938–AS04
                                             to this action.                                         rescission.
                                                                                                                                                           Clinical Laboratory Improvement
                                             H. Executive Order 13045: Protection of                 M. Congressional Review Act (CRA)                     Amendments of 1988 (CLIA); Fecal
                                             Children From Environmental Health                         This rule is exempt from the CRA                   Occult Blood (FOB) Testing
                                             Risks and Safety Risks                                  because it is a rule of particular                    AGENCY:  Centers for Medicare &
                                               The EPA interprets Executive Order                    applicability. The EPA is not required to             Medicaid Services (CMS), HHS; Centers
                                             13045 as applying only to those                         submit a rule report regarding this                   for Disease Control and Prevention
                                             regulatory actions that concern health or               action under section 801 because this is              (CDC), HHS.
                                             safety risks that the EPA has reason to                 a rule of particular applicability that
                                                                                                                                                           ACTION: Final rule.
                                             believe may disproportionately affect                   only applies to a single,
                                             children, per the definition of ‘‘covered               decommissioned facility.                              SUMMARY:    This final rule amends the
                                             regulatory action’’ in section 2–202 of                 N. Petitions for Judicial Review                      Clinical Laboratory Improvement
                                             the Executive Order. This action is not                                                                       Amendments of 1988 (CLIA) regulations
                                             subject to Executive Order 13045                           Under CAA section 307(b)(1),                       to clarify that the waived test
                                             because it merely rescinds a FIP                        petitions for judicial review of this                 categorization applies only to non-
                                             covering a generating station that has                  action must be filed in the United States             automated fecal occult blood tests.
                                             been decommissioned and demolished.                     Court of Appeals for the appropriate                  DATES: These regulations are effective
                                                                                                     circuit by December 19, 2017. Filing a
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                                             I. Executive Order 13211: Actions                                                                             December 19, 2017.
                                                                                                     petition for reconsideration by the
                                             Concerning Regulations That                                                                                   FOR FURTHER INFORMATION CONTACT:
                                                                                                     Administrator of this final rule does not
                                             Significantly Affect Energy Supply,                     affect the finality of this rule for the              Nancy Anderson, CDC, (404) 498–2280,
                                             Distribution, or Use                                    purposes of judicial review nor does it               or Daralyn Hassan, CMS, (410) 786–
                                                This action is not subject to Executive              extend the time within which a petition               9360.
                                             Order 13211 because it is not a                         for judicial review may be filed, and                 SUPPLEMENTARY INFORMATION:



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Document Created: 2017-10-20 00:06:22
Document Modified: 2017-10-20 00:06:22
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 rule is effective November 20, 2017.
ContactKrishna Viswanathan, EPA, Region IX, Air Division, Air Planning Office, (520) 999-7880 or [email protected]
FR Citation82 FR 48769 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference and Sulfur Oxides

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