83_FR_25057 83 FR 24952 - Approval and Promulgation of Air Quality Implementation Plans; Nevada; Rescission of Regional Haze Federal Implementation Plan for the Reid Gardner Generating Station

83 FR 24952 - Approval and Promulgation of Air Quality Implementation Plans; Nevada; Rescission of Regional Haze Federal Implementation Plan for the Reid Gardner Generating Station

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 105 (May 31, 2018)

Page Range24952-24954
FR Document2018-11752

The Environmental Protection Agency (EPA) is proposing to rescind the Regional Haze Federal Implementation Plan (FIP) that we promulgated on August 23, 2012, to regulate air pollutant emissions from Reid Gardner Generating Station Units 1, 2, and 3 (RGGS), previously located in Clark County, Nevada. The EPA is proposing this action in response to the Nevada Division of Environmental Protection's (NDEP) request dated January 16, 2018. The request seeks rescission of the FIP because RGGS Units 1-3 have been permanently decommissioned and are being dismantled and demolished, as demonstrated by the supporting documentation provided by NDEP.

Federal Register, Volume 83 Issue 105 (Thursday, May 31, 2018)
[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Proposed Rules]
[Pages 24952-24954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11752]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0221, FRL-9978-81--Region 9]


Approval and Promulgation of Air Quality Implementation Plans; 
Nevada; Rescission of Regional Haze Federal Implementation Plan for the 
Reid Gardner Generating Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
rescind the Regional Haze Federal Implementation Plan (FIP) that we 
promulgated on August 23, 2012, to regulate air pollutant emissions 
from Reid Gardner Generating Station Units 1, 2, and 3 (RGGS), 
previously located in Clark County, Nevada. The EPA is proposing this 
action in response to the Nevada Division of Environmental Protection's 
(NDEP) request dated January 16, 2018. The request seeks rescission of 
the FIP because RGGS Units 1-3 have been permanently decommissioned and 
are being dismantled and demolished, as demonstrated by the supporting 
documentation provided by NDEP.

DATES: Any comments on this proposal must arrive by July 16, 2018. 
Requests for a public hearing must be received on or before June 15, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R09-OAR-2018-0221, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, cloud, or other 
file sharing system). For additional submission methods, the EPA's full 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit

[[Page 24953]]

http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Krishna Viswanathan, EPA Region IX, 
(520) 999-7880, [email protected].

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

Table of Contents

I. Background
II. Proposed Action
III. Solicitation of Comments
IV. Statutory and Executive Order Reviews

I. Background

    Congress created a program for protecting visibility in the 
nation's national parks and wilderness areas in 1977 by adding section 
169A to the Clean Air Act (CAA). In the 1990 CAA Amendments, Congress 
amended the visibility provisions in the CAA to focus attention on the 
problem of regional haze, which is visibility impairment produced by a 
multitude of sources and activities located across a broad geographic 
area.\1\ We promulgated the initial Regional Haze Rule (RHR) in 1999, 
and updated it in 2017. The RHR requires states to develop and 
implement State Implementation Plans (SIPs) to ensure reasonable 
progress toward improving visibility in mandatory Class I Federal areas 
by reducing emissions that cause or contribute to regional haze.\2\ 
Under the RHR, states are directed to conduct Best Available Retrofit 
Technology (BART) determinations for BART-eligible sources that may be 
anticipated to cause or contribute to any visibility impairment in a 
Class I area.\3\
---------------------------------------------------------------------------

    \1\ See CAA section 169B, 42 U.S.C. 7492.
    \2\ See generally 40 CFR 51.308.
    \3\ 40 CFR 51.308(e).
---------------------------------------------------------------------------

    On March 26, 2012, we had approved all portions of Nevada's 
Regional Haze State Implementation Plan (``Nevada RH SIP''), except the 
BART determination at RGGS for nitrogen oxides (NOX).\4\ On 
August 23, 2012, we partially approved and partially disapproved a 
portion of the Nevada RH SIP.\5\ Specifically, the EPA approved 
Nevada's selection of a NOX emissions limit of 0.20 pounds 
per million British thermal units (lb/MMBtu) as BART for RGGS Units 1 
and 2. We disapproved two provisions of Nevada's BART determination for 
NOX at RGGS: The NOX emissions limit for Unit 3 
and the compliance method for all three units. As a result, the EPA 
promulgated a FIP, which replaced the disapproved SIP provisions by 
establishing a BART emissions limit for NOX of 0.20 lb/MMBtu 
at Unit 3, and a 30-day averaging period for compliance on a heat 
input-weighted basis across all three units (``RGGS RH FIP'').\6\
---------------------------------------------------------------------------

    \4\ 77 FR 17334 (March 26, 2012).
    \5\ See 77 FR 21896 (April 12, 2012) (proposed rule); 77 FR 
50936 (August 23, 2012) (final rule).
    \6\ In response to a petition for reconsideration, we later 
extended the compliance deadline. 78 FR 53033 (August 28, 2013) 
(codified at 40 CFR 52.1488(f)).
---------------------------------------------------------------------------

    On January 16, 2015, NV Energy, the owner of RGGS, informed NDEP of 
the retirement of RGGS Units 1-3 as of December 31, 2014, to comply 
with state law,\7\ and by order of the Nevada Public Utilities 
Commission.\8\ In March of 2017, RGGS Unit 4, which was not subject to 
the RGGS RH FIP because it was not BART-eligible, was also shut 
down,\9\ and NV Energy began preparations for the permanent 
decommissioning of RGGS. On August 17, 2017, NDEP discontinued the 
Class I (Title V) operating permit for the RGGS facility (permit number 
AP49110897.02). On January 16, 2018, NDEP submitted a request to us 
asking that we rescind the RGGS FIP.\10\
---------------------------------------------------------------------------

    \7\ See Nev. Rev. Stat. section 704.7316(2)(a)(1).
    \8\ Letter from Greg Lovato, Administrator, NDEP, to Alexis 
Strauss, Acting Regional Administrator, EPA Region IX, dated January 
16, 2018.
    \9\ See Nev. Rev. Stat. section 704.7316(2)(a)(2).
    \10\ Letter from Greg Lovato, Administrator, NDEP, to Alexis 
Strauss, Acting Regional Administrator, EPA Region IX, dated January 
16, 2018, and attachments.
---------------------------------------------------------------------------

    Section 307(d) of the CAA applies to the RGGS FIP rescission; this 
rulemaking is being conducted in accordance with those provisions.
    The proposed action relies on documents, information, and data that 
are listed in the index on http://www.regulations.gov under docket 
number EPA-R09-OAR-2018-0221. Publicly available docket materials are 
available electronically at http://www.regulations.gov.

II. Proposed Action

    Based on our review of the information submitted with the January 
16, 2018 letter from NDEP, we are proposing to grant NDEP's request to 
rescind the RGGS FIP because Units 1-3 have been permanently 
decommissioned and are being dismantled and demolished.

III. Solicitation of Comments

    The EPA solicits comments on any issues associated with rescinding 
the RGGS FIP. In addition, if anyone contacts the EPA by June 15, 2018 
requesting to speak at a public hearing, the EPA will schedule a public 
hearing and announce the hearing in the Federal Register. Contact 
Krishna Viswanathan at 520-999-7880 or [email protected] to 
request a hearing or to find out if a hearing will be held.

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 exempt from review by the Office of Management and 
Budget (OMB) because it will rescind a rule of particular 
applicability.

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

    This action is not an Executive Order 13771 regulatory action 
because rules of particular applicability are exempted under Executive 
Order 12866.

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 proposed action will not have a significant 
economic impact on a substantial number of small entities. This action 
will not impose any requirements on small entities because the rule 
merely rescinds a FIP covering a generating station that has been 
permanently decommissioned and is being dismantled and demolished.

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. This 
action merely rescinds a FIP covering a generating station that has 
been permanently decommissioned and is being dismantled and demolished.

[[Page 24954]]

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

    This action does not have tribal implications, as specified in 
Executive Order 13175. This proposed action will not have a substantial 
direct effect on one or more 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. This action merely rescinds a FIP covering a generating station 
that has been permanently decommissioned and is being dismantled and 
demolished. 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 E.O. 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 permanently 
decommissioned and is being dismantled 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

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, the EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS because it merely rescinds a FIP covering a generating 
station that has been permanently decommissioned and is being 
dismantled and demolished.

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

    The EPA believes that this proposed rule will not have potential 
disproportionately high and adverse human health or environmental 
effects on minority, low-income, or indigenous populations because it 
does not affect the level of protection provided to human health or the 
environment. Because this proposed rule merely rescinds a FIP covering 
a generating station that has been permanently decommissioned and is 
being dismantled and demolished, this proposal will not cause any 
emissions increases.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Incorporation by reference.

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

    Dated: May 18, 2018.
Deborah Jordan,
Acting Regional Administrator, EPA Region IX.

    Chapter I, Title 40, of the Code of Federal Regulations is proposed 
to be 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.

Subpart DD--Nevada

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

[FR Doc. 2018-11752 Filed 5-30-18; 8:45 am]
BILLING CODE 6560-50-P



                                                 24952                   Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules

                                                 jeopardizing the safety or security of                  § 165.T05–0330 Safety Zone, Appomattox                ENVIRONMENTAL PROTECTION
                                                 people, places, or vessels.                             River; Hopewell, VA.                                  AGENCY
                                                 V. Public Participation and Request for                   (a) Definitions. The following
                                                                                                                                                               40 CFR Part 52
                                                 Comments                                                definitions apply to this section: (1)
                                                                                                         Captain of the Port means the                         [EPA–R09–OAR–2018–0221, FRL–9978–
                                                    We view public participation as                      Commander, Sector Hampton Roads.                      81—Region 9]
                                                 essential to effective rulemaking, and
                                                                                                           (2) Representative means any Coast                  Approval and Promulgation of Air
                                                 will consider all comments and material
                                                                                                         Guard commissioned, warrant or petty                  Quality Implementation Plans; Nevada;
                                                 received during the comment period.
                                                                                                         officer who has been authorized to act                Rescission of Regional Haze Federal
                                                 Your comment can help shape the
                                                 outcome of this rulemaking. If you                      on the behalf of the Captain of the Port.             Implementation Plan for the Reid
                                                 submit a comment, please include the                      (3) Participants mean individuals and               Gardner Generating Station
                                                 docket number for this rulemaking,                      vessels involved in the fireworks                     AGENCY:  Environmental Protection
                                                 indicate the specific section of this                   display.                                              Agency (EPA).
                                                 document to which each comment                            (b) Location. The following area is a               ACTION: Proposed rule.
                                                 applies, and provide a reason for each                  safety zone: All navigable waters in the
                                                 suggestion or recommendation.                                                                                 SUMMARY:    The Environmental Protection
                                                                                                         vicinity of the Appomattox River at
                                                                                                                                                               Agency (EPA) is proposing to rescind
                                                    We encourage you to submit                           confluence with the James River, within               the Regional Haze Federal
                                                 comments through the Federal                            a 234 yard radius of the fireworks                    Implementation Plan (FIP) that we
                                                 eRulemaking Portal at http://                           display barge in approximate position                 promulgated on August 23, 2012, to
                                                 www.regulations.gov. If your material                   37°18′52.20″ N, 077°17′12.52″ W. (NAD                 regulate air pollutant emissions from
                                                 cannot be submitted using http://                       1983).                                                Reid Gardner Generating Station Units
                                                 www.regulations.gov, contact the person                                                                       1, 2, and 3 (RGGS), previously located
                                                                                                           (c) Regulations. (1) Except as provided
                                                 in the FOR FURTHER INFORMATION                                                                                in Clark County, Nevada. The EPA is
                                                 CONTACT section of this document for
                                                                                                         in paragraph (c)(4) of this section, all
                                                                                                         persons are required to comply with the               proposing this action in response to the
                                                 alternate instructions.                                                                                       Nevada Division of Environmental
                                                                                                         general regulations governing safety
                                                    We accept anonymous comments. All                    zones of subpart C of this part.                      Protection’s (NDEP) request dated
                                                 comments received will be posted                                                                              January 16, 2018. The request seeks
                                                 without change to http://                                 (2) With the exception of participants,             rescission of the FIP because RGGS
                                                 www.regulations.gov and will include                    entry into or remaining in this safety                Units 1–3 have been permanently
                                                 any personal information you have                       zone is prohibited unless authorized by               decommissioned and are being
                                                 provided. For more about privacy and                    the Captain of the Port, Hampton Roads                dismantled and demolished, as
                                                 the docket, visit http://                               or his designated representatives. All                demonstrated by the supporting
                                                 www.regulations.gov/privacyNotice.                      vessels within this safety zone at the                documentation provided by NDEP.
                                                    Documents mentioned in this NPRM                     time it is implemented are to depart the              DATES: Any comments on this proposal
                                                 as being available in the docket, and all               zone immediately.                                     must arrive by July 16, 2018. Requests
                                                 public comments, will be in our online                    (3) The Captain of the Port, Hampton                for a public hearing must be received on
                                                 docket at http://www.regulations.gov                    Roads or his representative can be                    or before June 15, 2018.
                                                 and can be viewed by following that                     contacted at telephone number (757)                   ADDRESSES: Submit your comments,
                                                 website’s instructions. Additionally, if                668–5555. The Coast Guard and                         identified by Docket ID number EPA–
                                                 you go to the online docket and sign up                 designated security vessels enforcing                 R09–OAR–2018–0221, at http://
                                                 for email alerts, you will be notified                  the safety zone can be contacted on                   www.regulations.gov. Follow the online
                                                 when comments are posted or a final                     VHF–FM marine band radio channel 13                   instructions for submitting comments.
                                                 rule is published.                                      (165.65 Mhz) and channel 16 (156.8                    Once submitted, comments cannot be
                                                                                                                                                               edited or removed from Regulations.gov.
                                                 List of Subjects in 33 CFR Part 165                     Mhz), or by visual or verbal hailing on-
                                                                                                                                                               The EPA may publish any comment
                                                                                                         scene.
                                                   Harbors, Marine safety, Navigation                                                                          received to its public docket. Do not
                                                                                                           (4) This section does not apply to                  submit electronically any information
                                                 (water), Reporting and recordkeeping                    participants and vessels that are
                                                 requirements, Security measures,                                                                              you consider to be Confidential
                                                                                                         engaged in the following operations:                  Business Information (CBI) or other
                                                 Waterways.
                                                                                                           (i) Enforcing laws;                                 information whose disclosure is
                                                   For the reasons discussed in the                                                                            restricted by statute. Multimedia
                                                 preamble, the Coast Guard proposes to                     (ii) Servicing aids to navigation, and
                                                                                                                                                               submissions (audio, video, etc.) must be
                                                 amend 33 CFR part 165 as follows:                         (iii) Emergency response vessels.                   accompanied by a written comment.
                                                                                                           Dated: May 24, 2018.                                The written comment is considered the
                                                 PART 165—REGULATED NAVIGATION                                                                                 official comment and should include
                                                                                                         Richard J. Wester,
                                                 AREAS AND LIMITED ACCESS AREAS                                                                                discussion of all points you wish to
                                                                                                         Captain of the Port, Hampton Roads.
                                                                                                                                                               make. The EPA will generally not
                                                 ■ 1. The authority citation for part 165                [FR Doc. 2018–11645 Filed 5–30–18; 8:45 am]           consider comments or comment
pmangrum on DSK30RV082PROD with PROPOSALS




                                                 continues to read as follows:                           BILLING CODE 9110–04–P                                contents located outside of the primary
                                                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   submission (i.e., on the Web, cloud, or
                                                 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;                                                                         other file sharing system). For
                                                 Department of Homeland Security Delegation                                                                    additional submission methods, the
                                                 No. 0170.1.                                                                                                   EPA’s full public comment policy,
                                                                                                                                                               information about CBI or multimedia
                                                 ■ 2. Add § 165.T05–0330 to read as                                                                            submissions, and general guidance on
                                                 follows:                                                                                                      making effective comments, please visit


                                            VerDate Sep<11>2014   14:59 May 30, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\31MYP1.SGM   31MYP1


                                                                          Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules                                                24953

                                                 http://www2.epa.gov/dockets/                              disapproved SIP provisions by                            viswanathan.krishna@epa.gov to
                                                 commenting-epa-dockets.                                   establishing a BART emissions limit for                  request a hearing or to find out if a
                                                 FOR FURTHER INFORMATION CONTACT:                          NOX of 0.20 lb/MMBtu at Unit 3, and a                    hearing will be held.
                                                 Krishna Viswanathan, EPA Region IX,                       30-day averaging period for compliance
                                                                                                           on a heat input-weighted basis across all                IV. Statutory and Executive Order
                                                 (520) 999–7880, viswanathan.krishna@
                                                                                                           three units (‘‘RGGS RH FIP’’).6                          Reviews
                                                 epa.gov.
                                                                                                              On January 16, 2015, NV Energy, the
                                                 SUPPLEMENTARY INFORMATION:                                                                                           Additional information about these
                                                                                                           owner of RGGS, informed NDEP of the
                                                 Throughout this document, ‘‘we,’’ ‘‘us,’’                                                                          statutes and Executive Orders can be
                                                                                                           retirement of RGGS Units 1–3 as of
                                                 and ‘‘our’’ refer to the EPA.                                                                                      found at http://www2.epa.gov/laws-
                                                                                                           December 31, 2014, to comply with state
                                                                                                                                                                    regulations/laws-and-executive-orders.
                                                 Table of Contents                                         law,7 and by order of the Nevada Public
                                                                                                           Utilities Commission.8 In March of                       A. Executive Order 12866: Regulatory
                                                 I. Background
                                                                                                           2017, RGGS Unit 4, which was not                         Planning and Review and Executive
                                                 II. Proposed Action
                                                 III. Solicitation of Comments                             subject to the RGGS RH FIP because it                    Order 13563: Improving Regulation and
                                                 IV. Statutory and Executive Order Reviews                 was not BART-eligible, was also shut                     Regulatory Review
                                                                                                           down,9 and NV Energy began
                                                 I. Background                                             preparations for the permanent                             This action is exempt from review by
                                                    Congress created a program for                         decommissioning of RGGS. On August                       the Office of Management and Budget
                                                 protecting visibility in the nation’s                     17, 2017, NDEP discontinued the Class                    (OMB) because it will rescind a rule of
                                                 national parks and wilderness areas in                    I (Title V) operating permit for the RGGS                particular applicability.
                                                 1977 by adding section 169A to the                        facility (permit number
                                                                                                                                                                    B. Executive Order 13771: Reducing
                                                 Clean Air Act (CAA). In the 1990 CAA                      AP49110897.02). On January 16, 2018,
                                                                                                                                                                    Regulations and Controlling Regulatory
                                                 Amendments, Congress amended the                          NDEP submitted a request to us asking
                                                                                                                                                                    Costs
                                                 visibility provisions in the CAA to focus                 that we rescind the RGGS FIP.10
                                                 attention on the problem of regional                         Section 307(d) of the CAA applies to                    This action is not an Executive Order
                                                 haze, which is visibility impairment                      the RGGS FIP rescission; this                            13771 regulatory action because rules of
                                                 produced by a multitude of sources and                    rulemaking is being conducted in                         particular applicability are exempted
                                                 activities located across a broad                         accordance with those provisions.                        under Executive Order 12866.
                                                 geographic area.1 We promulgated the                         The proposed action relies on
                                                 initial Regional Haze Rule (RHR) in                       documents, information, and data that                    C. Paperwork Reduction Act (PRA)
                                                 1999, and updated it in 2017. The RHR                     are listed in the index on http://
                                                                                                           www.regulations.gov under docket                           This action does not impose an
                                                 requires states to develop and                                                                                     information collection burden under the
                                                 implement State Implementation Plans                      number EPA–R09–OAR–2018–0221.
                                                                                                           Publicly available docket materials are                  provisions of the Paperwork Reduction
                                                 (SIPs) to ensure reasonable progress                                                                               Act, 44 U.S.C. 3501 et seq.
                                                 toward improving visibility in                            available electronically at http://
                                                 mandatory Class I Federal areas by                        www.regulations.gov.                                     D. Regulatory Flexibility Act (RFA)
                                                 reducing emissions that cause or                          II. Proposed Action
                                                 contribute to regional haze.2 Under the                                                                              I certify that this proposed action will
                                                                                                              Based on our review of the                            not have a significant economic impact
                                                 RHR, states are directed to conduct Best
                                                                                                           information submitted with the January                   on a substantial number of small
                                                 Available Retrofit Technology (BART)
                                                                                                           16, 2018 letter from NDEP, we are                        entities. This action will not impose any
                                                 determinations for BART-eligible
                                                                                                           proposing to grant NDEP’s request to                     requirements on small entities because
                                                 sources that may be anticipated to cause
                                                                                                           rescind the RGGS FIP because Units 1–                    the rule merely rescinds a FIP covering
                                                 or contribute to any visibility
                                                                                                           3 have been permanently                                  a generating station that has been
                                                 impairment in a Class I area.3
                                                    On March 26, 2012, we had approved                     decommissioned and are being                             permanently decommissioned and is
                                                 all portions of Nevada’s Regional Haze                    dismantled and demolished.                               being dismantled and demolished.
                                                 State Implementation Plan (‘‘Nevada RH                    III. Solicitation of Comments                            E. Unfunded Mandates Reform Act
                                                 SIP’’), except the BART determination at                     The EPA solicits comments on any                      (UMRA)
                                                 RGGS for nitrogen oxides (NOX).4 On                       issues associated with rescinding the
                                                 August 23, 2012, we partially approved                    RGGS FIP. In addition, if anyone                           This action does not contain an
                                                 and partially disapproved a portion of                    contacts the EPA by June 15, 2018                        unfunded mandate of $100 million or
                                                 the Nevada RH SIP.5 Specifically, the                     requesting to speak at a public hearing,                 more as described in UMRA, 2 U.S.C.
                                                 EPA approved Nevada’s selection of a                      the EPA will schedule a public hearing                   1531–1538, and does not significantly or
                                                 NOX emissions limit of 0.20 pounds per                    and announce the hearing in the                          uniquely affect small governments.
                                                 million British thermal units (lb/                        Federal Register. Contact Krishna
                                                 MMBtu) as BART for RGGS Units 1 and                                                                                F. Executive Order 13132: Federalism
                                                                                                           Viswanathan at 520–999–7880 or
                                                 2. We disapproved two provisions of                                                                                  This action does not have federalism
                                                 Nevada’s BART determination for NOX                         6 In response to a petition for reconsideration, we    implications. It will not have substantial
                                                 at RGGS: The NOX emissions limit for                      later extended the compliance deadline. 78 FR            direct effects on the states, on the
                                                 Unit 3 and the compliance method for                      53033 (August 28, 2013) (codified at 40 CFR
                                                                                                                                                                    relationship between the national
pmangrum on DSK30RV082PROD with PROPOSALS




                                                 all three units. As a result, the EPA                     52.1488(f)).
                                                                                                              7 See Nev. Rev. Stat. section 704.7316(2)(a)(1).      government and the states, or on the
                                                 promulgated a FIP, which replaced the                        8 Letter from Greg Lovato, Administrator, NDEP,       distribution of power and
                                                   1 See
                                                                                                           to Alexis Strauss, Acting Regional Administrator,        responsibilities among the various
                                                         CAA section 169B, 42 U.S.C. 7492.                 EPA Region IX, dated January 16, 2018.
                                                   2 See
                                                                                                                                                                    levels of government. This action
                                                         generally 40 CFR 51.308.                             9 See Nev. Rev. Stat. section 704.7316(2)(a)(2).
                                                   3 40 CFR 51.308(e).                                        10 Letter from Greg Lovato, Administrator, NDEP,
                                                                                                                                                                    merely rescinds a FIP covering a
                                                   4 77 FR 17334 (March 26, 2012).
                                                                                                           to Alexis Strauss, Acting Regional Administrator,
                                                                                                                                                                    generating station that has been
                                                   5 See 77 FR 21896 (April 12, 2012) (proposed            EPA Region IX, dated January 16, 2018, and               permanently decommissioned and is
                                                 rule); 77 FR 50936 (August 23, 2012) (final rule).        attachments.                                             being dismantled and demolished.


                                            VerDate Sep<11>2014   14:59 May 30, 2018   Jkt 244001     PO 00000      Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\31MYP1.SGM   31MYP1


                                                 24954                   Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules

                                                 G. Executive Order 13175: Consultation                  K. Executive Order 12898: Federal                     Washington submitted its Regional Haze
                                                 and Coordination With Indian Tribal                     Actions To Address Environmental                      5-Year Progress Report (progress report
                                                 Governments                                             Justice in Minority Populations and                   or report) and a negative declaration
                                                                                                         Low-Income Populations                                stating that further revision of the
                                                   This action does not have tribal
                                                                                                           The EPA believes that this proposed                 existing regional haze implementation
                                                 implications, as specified in Executive
                                                                                                         rule will not have potential                          plan is not needed at this time.
                                                 Order 13175. This proposed action will
                                                                                                                                                               Washington submitted both the progress
                                                 not have a substantial direct effect on                 disproportionately high and adverse
                                                                                                                                                               report and the negative declaration in
                                                 one or more Indian tribes, on the                       human health or environmental effects
                                                                                                                                                               the form of implementation plan
                                                 relationship between the federal                        on minority, low-income, or indigenous
                                                                                                                                                               revisions as required by federal
                                                 government and Indian tribes, or on the                 populations because it does not affect
                                                                                                                                                               regulations. The progress report
                                                 distribution of power and                               the level of protection provided to
                                                                                                                                                               addresses the federal Regional Haze
                                                 responsibilities between the federal                    human health or the environment.
                                                                                                                                                               Rule requirements under the Clean Air
                                                 government and Indian tribes. This                      Because this proposed rule merely
                                                                                                                                                               Act to submit a report describing
                                                 action merely rescinds a FIP covering a                 rescinds a FIP covering a generating
                                                                                                                                                               progress in achieving reasonable
                                                 generating station that has been                        station that has been permanently
                                                                                                                                                               progress goals established for regional
                                                 permanently decommissioned and is                       decommissioned and is being
                                                                                                                                                               haze and a determination of the
                                                 being dismantled and demolished.                        dismantled and demolished, this
                                                                                                                                                               adequacy of the existing plan addressing
                                                 Thus, Executive Order 13175 does not                    proposal will not cause any emissions
                                                                                                                                                               regional haze.
                                                 apply to this action.                                   increases.
                                                                                                                                                               DATES: Comments must be received on
                                                 H. Executive Order 13045: Protection of                 List of Subjects in 40 CFR Part 52                    or before July 2, 2018.
                                                 Children From Environmental Health                        Environmental protection, Air                       ADDRESSES: Submit your comments,
                                                 Risks and Safety Risks                                  pollution control, Nitrogen dioxide,                  identified by Docket ID No. EPA–R10–
                                                    The EPA interprets E.O. 13045 as                     Incorporation by reference.                           OAR–2018–0001 at https://
                                                 applying only to those regulatory                           Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                               www.regulations.gov. Follow the online
                                                 actions that concern health or safety                                                                         instructions for submitting comments.
                                                                                                           Dated: May 18, 2018.                                Once submitted, comments cannot be
                                                 risks that the EPA has reason to believe
                                                 may disproportionately affect children,                 Deborah Jordan,                                       edited or removed from Regulations.gov.
                                                 per the definition of ‘‘covered regulatory              Acting Regional Administrator, EPA Region             The EPA may publish any comment
                                                 action’’ in section 2–202 of the                        IX.                                                   received to its public docket. Do not
                                                 Executive Order. This action is not                       Chapter I, Title 40, of the Code of                 submit electronically any information
                                                 subject to Executive Order 13045                        Federal Regulations is proposed to be                 you consider to be Confidential
                                                 because it merely rescinds a FIP                        amended as follows:                                   Business Information (CBI) or other
                                                 covering a generating station that has                                                                        information whose disclosure is
                                                 been permanently decommissioned and                     PART 52—APPROVAL AND                                  restricted by statute. Multimedia
                                                 is being dismantled and demolished.                     PROMULGATION OF                                       submissions (audio, video, etc.) must be
                                                                                                         IMPLEMENTATION PLANS                                  accompanied by a written comment.
                                                 I. Executive Order 13211: Actions                                                                             The written comment is considered the
                                                 Concerning Regulations That                             ■ 1. The authority citation for part 52               official comment and should include
                                                 Significantly Affect Energy Supply,                     continues to read as follows:                         discussion of all points you wish to
                                                 Distribution, or Use                                        Authority: 42 U.S.C. 7401, et seq.                make. The EPA will generally not
                                                   This action is not subject to Executive                                                                     consider comments or comment
                                                 Order 13211 because it is not a                         Subpart DD—Nevada                                     contents located outside of the primary
                                                 significant regulatory action under                     ■ 2. Section 52.1488 is amended by                    submission (i.e. on the web, cloud, or
                                                 Executive Order 12866.                                  removing and reserving paragraph (f).                 other file sharing system). For
                                                                                                                                                               additional submission methods, the full
                                                 J. National Technology Transfer and                     [FR Doc. 2018–11752 Filed 5–30–18; 8:45 am]
                                                                                                                                                               EPA public comment policy,
                                                 Advancement Act                                         BILLING CODE 6560–50–P                                information about CBI or multimedia
                                                    Section 12 of the National Technology                                                                      submissions, and general guidance on
                                                 Transfer and Advancement Act                                                                                  making effective comments, please visit
                                                 (NTTAA) of 1995 requires federal                        ENVIRONMENTAL PROTECTION                              https://www.epa.gov/dockets/
                                                 agencies to evaluate existing technical                 AGENCY                                                commenting-epa-dockets.
                                                 standards when developing a new                         40 CFR Part 52                                        FOR FURTHER INFORMATION CONTACT: Jeff
                                                 regulation. To comply with NTTAA, the                                                                         Hunt, Air Planning Unit, Office of Air
                                                 EPA must consider and use ‘‘voluntary                   [EPA–R10–OAR–2018–0001; FRL–9978–                     and Waste (OAW–150), Environmental
                                                 consensus standards’’ (VCS) if available                75—Region 10]
                                                                                                                                                               Protection Agency—Region 10, 1200
                                                 and applicable when developing                                                                                Sixth Ave., Seattle, WA 98101;
                                                                                                         Air Plan Approval; Washington;
                                                 programs and policies unless doing so                                                                         telephone number: (206) 553–0256,
                                                                                                         Regional Haze Progress Report
                                                 would be inconsistent with applicable                                                                         email address: hunt.jeff@epa.gov.
                                                 law or otherwise impractical.                           AGENCY:  Environmental Protection
pmangrum on DSK30RV082PROD with PROPOSALS




                                                                                                                                                               SUPPLEMENTARY INFORMATION:
                                                    The EPA believes that VCS are                        Agency (EPA).                                         Throughout this document whenever
                                                 inapplicable to this action. Today’s                    ACTION: Proposed rule.                                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
                                                 action does not require the public to                                                                         intended to refer to the EPA.
                                                 perform activities conducive to the use                 SUMMARY:   The Environmental Protection
                                                 of VCS because it merely rescinds a FIP                 Agency (EPA) is proposing to approve a                I. Background
                                                 covering a generating station that has                  revision to the regional haze State                      Washington submitted its initial
                                                 been permanently decommissioned and                     Implementation Plan (SIP), submitted                  regional haze SIP to the EPA on
                                                 is being dismantled and demolished.                     by Washington on November 6, 2017.                    December 22, 2010, and supplemental


                                            VerDate Sep<11>2014   14:59 May 30, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\31MYP1.SGM   31MYP1



Document Created: 2018-05-31 00:49:11
Document Modified: 2018-05-31 00:49:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesAny comments on this proposal must arrive by July 16, 2018. Requests for a public hearing must be received on or before June 15, 2018.
ContactKrishna Viswanathan, EPA Region IX, (520) 999-7880, [email protected]
FR Citation83 FR 24952 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Nitrogen Dioxide and Incorporation by Reference

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR