83 FR 54053 - 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 208 (October 26, 2018)

Page Range		54053-54054
FR Document		2018-23470

The Environmental Protection Agency (EPA) is approving the Nevada Division of Environmental Protection's (NDEP) request to rescind a Regional Haze Federal Implementation Plan (RH FIP) that regulates air pollutant emissions from Reid Gardner Generating Station (RGGS) Units 1, 2, and 3. The EPA is approving NDEP's request because RGGS Units 1-3 have been permanently decommissioned and are being dismantled and demolished.

Federal Register, Volume 83 Issue 208 (Friday, October 26, 2018)

[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Rules and Regulations]
[Pages 54053-54054]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23470]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0221, FRL-9985-84-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Nevada Division of Environmental Protection's (NDEP) request to rescind 
a Regional Haze Federal Implementation Plan (RH FIP) that regulates air 
pollutant emissions from Reid Gardner Generating Station (RGGS) Units 
1, 2, and 3. The EPA is approving NDEP's request because RGGS Units 1-3 
have been permanently decommissioned and are being dismantled and 
demolished.

DATES: This rule is effective November 26, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2018-0221. All documents in the docket are 
listed on the https://www.regulations.gov website. 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 https://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. Statutory and Executive Order Reviews

I. Proposed Action and Public Comment Period

    On May 31, 2018, the EPA proposed to rescind the RH FIP for RGGS 
Units 1-3 because RGGS Units 1-3 have been permanently decommissioned 
and are being dismantled and demolished, as demonstrated by the 
supporting documentation provided by NDEP.\1\ The EPA's proposed action 
provided a 45-day public comment period. The EPA did not receive any 
timely or germane comments on the proposal to rescind the RGGS RH FIP.
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    \1\ For details on the EPA's RH FIP and additional background, 
see proposal at 83 FR 24952 (May 31, 2018).
---------------------------------------------------------------------------

II. Final Action

    For the reasons explained in our proposal, we are approving the 
NDEP's request to rescind the RH FIP for RGGS Units 1-3.

III. 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 this action removes existing Federal Implementation Plan and 
associated requirements covering a single electric power generating 
station and therefore is a rule of particular applicability. 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 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. As detailed 
in the proposal to this action, small entities are not subject to the 
requirements of this rule. \2\
---------------------------------------------------------------------------

    \2\ For details on the EPA's RH FIP and additional background, 
see proposal at 83 FR 24952 (May 31, 2018).
---------------------------------------------------------------------------

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. The action imposes 
no enforceable duty on any state, local or tribal governments or the 
private sector.

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.

[[Page 54054]]

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 Federal Implementation Plan (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

    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), 
because it does not affect the level of protection to human health or 
the environment. This rule will not cause any emissions increases 
because this rule merely rescinds a FIP covering a generating station 
that has been permanently decommissioned and is being dismantled and 
demolished.

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 RGGS RH 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 RGGS RH 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 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 26, 2018. 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, Nitrogen dioxide, 
Incorporation by reference.

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

    Dated: October 19, 2018.
Andrew R. Wheeler,
Acting Administrator.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart DD--Nevada

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

[FR Doc. 2018-23470 Filed 10-25-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Rules and Regulations 54053

(4) EPA APPROVED WESTERN NORTH CAROLINA REGULATIONS—Continued
State EPA
State citation Title/subject Explanation
effective date approval date

Section .0309 ............. Termination, Modification and Rev- 6/14/1990 5/2/1991, 56 FR 20140
ocation of Permits.
Section .0310 ............. Permitting of Numerous Similar Fa- 6/14/1990 5/2/1991, 56 FR 20140
cilities.
Section .0311 ............. Permitting of Facilities at Multiple 6/14/1990 5/2/1991, 56 FR 20140
Temporary Sites.
Section .0312 ............. Application Processing Schedule ... 6/14/1990 5/2/1991, 56 FR 20140

* * * * * FOR FURTHER INFORMATION CONTACT: B. Executive Order 13771: Reducing
[FR Doc. 2018–23246 Filed 10–25–18; 8:45 am] Krishna Viswanathan, EPA, Region IX, Regulations and Controlling Regulatory
BILLING CODE 6560–50–P Air Division, Air Planning Office, (520) Costs
999–7880 or viswanathan.krishna@
epa.gov. This action is not an Executive Order
ENVIRONMENTAL PROTECTION 13771 regulatory action because this
AGENCY SUPPLEMENTARY INFORMATION: action removes existing Federal
Throughout this document, ‘‘we,’’ ‘‘us,’’ Implementation Plan and associated
40 CFR Part 52 and ‘‘our’’ refer to the EPA. requirements covering a single electric
[EPA–R09–OAR–2018–0221, FRL–9985–84- Table of Contents power generating station and therefore
Region 9] is a rule of particular applicability.
I. Proposed Action and Public Comment Rules of particular applicability are
Approval and Promulgation of Air Period
II. Final Action
exempted under Executive Order 12866.
Quality Implementation Plans; Nevada;
III. Statutory and Executive Order Reviews C. Paperwork Reduction Act (PRA)
Rescission of Regional Haze Federal
Implementation Plan for the Reid I. Proposed Action and Public Comment
This action does not impose an
Gardner Generating Station Period
information collection burden under the
AGENCY: Environmental Protection On May 31, 2018, the EPA proposed provisions of the Paperwork Reduction
Agency (EPA). to rescind the RH FIP for RGGS Units Act, 44 U.S.C. 3501 et seq.
ACTION: Final rule. 1–3 because RGGS Units 1–3 have been
permanently decommissioned and are D. Regulatory Flexibility Act (RFA)
SUMMARY: The Environmental Protection being dismantled and demolished, as
Agency (EPA) is approving the Nevada I certify that this action will not have
demonstrated by the supporting a significant economic impact on a
Division of Environmental Protection’s documentation provided by NDEP.1 The
(NDEP) request to rescind a Regional substantial number of small entities
EPA’s proposed action provided a 45- under the RFA. This action will not
Haze Federal Implementation Plan (RH day public comment period. The EPA
FIP) that regulates air pollutant impose any requirements on small
did not receive any timely or germane entities. As detailed in the proposal to
emissions from Reid Gardner Generating comments on the proposal to rescind
Station (RGGS) Units 1, 2, and 3. The this action, small entities are not subject
the RGGS RH FIP. to the requirements of this rule. 2
EPA is approving NDEP’s request
because RGGS Units 1–3 have been II. Final Action E. Unfunded Mandates Reform Act
permanently decommissioned and are For the reasons explained in our (UMRA)
being dismantled and demolished. proposal, we are approving the NDEP’s
DATES: This rule is effective November request to rescind the RH FIP for RGGS This action does not contain an
26, 2018. Units 1–3. unfunded mandate of $100 million or
ADDRESSES: The EPA has established a more as described in UMRA, 2 U.S.C.
docket for this action under Docket ID III. Statutory and Executive Order 1531–1538, and does not significantly or
No. EPA–R09–OAR–2018–0221. All Reviews uniquely affect small governments. The
documents in the docket are listed on Additional information about these action imposes no enforceable duty on
the https://www.regulations.gov statutes and Executive Orders can be any state, local or tribal governments or
website. Although listed in the index, found at http://www2.epa.gov/laws- the private sector.
some information is not publicly regulations/laws-and-executive-orders. F. Executive Order 13132: Federalism
available, e.g., Confidential Business
Information (CBI) or other information A. Executive Order 12866: Regulatory
This action does not have federalism
whose disclosure is restricted by statute. Planning and Review and Executive
implications. It will not have substantial
Certain other material, such as Order 13563: Improving Regulation and
direct effects on the states, on the
copyrighted material, is not placed on Regulatory Review
relationship between the national
the internet and will be publicly This action is not a significant government and the states, or on the
khammond on DSK30JT082PROD with RULES

available only in hard copy form. regulatory action and was therefore not distribution of power and
Publicly available docket materials are submitted to the Office of Management responsibilities among the various
available through https:// and Budget (OMB) for review. levels of government.
www.regulations.gov, or please contact
the person identified in the FOR FURTHER 1 For details on the EPA’s RH FIP and additional 2 For details on the EPA’s RH FIP and additional
INFORMATION CONTACT section for background, see proposal at 83 FR 24952 (May 31, background, see proposal at 83 FR 24952 (May 31,
additional availability information. 2018). 2018).

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54054 Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Rules and Regulations

G. Executive Order 13175: Consultation L. Determination Under Section 307(d) Subpart DD—Nevada
and Coordination With Indian Tribal
Governments Pursuant to CAA section 307(d)(1)(B), ■ 2. Section 52.1488 is amended by
the EPA has determined that this action removing and reserving paragraph (f).
This action does not have tribal
is subject to the provisions of section [FR Doc. 2018–23470 Filed 10–25–18; 8:45 am]
implications, as specified in Executive
307(d). Section 307(d) establishes
Order 13175. It will not have substantial BILLING CODE 6560–50–P
procedural requirements specific to
direct effects on any Indian tribes, on
certain rulemaking actions under the
the relationship between the federal
government and Indian tribes, or on the CAA. Pursuant to CAA section
307(d)(1)(B), the rescission of the RGGS DEPARTMENT OF VETERANS
distribution of power and AFFAIRS
responsibilities between the federal RH FIP is subject to the requirements of
government and Indian tribes. Thus, CAA section 307(d), as it constitutes a 48 CFR Part 870
Executive Order 13175 does not apply revision to a FIP under CAA section
to this action. 110(c). Furthermore, CAA section RIN 2900–AP81
307(d)(1)(V) provides that the
H. Executive Order 13045: Protection of provisions of section 307(d) apply to VA Acquisition Regulation: Describing
Children From Environmental Health ‘‘such other actions as the Administrator Agency Needs; Contract Financing;
Risks and Safety Risks may determine.’’ The EPA determines Correction
The EPA interprets Executive Order that the provisions of 307(d) apply to AGENCY: Department of Veterans Affairs.
13045 as applying only to those the EPA’s action on the RGGS RH FIP
ACTION: Final rule; correction.
regulatory actions that concern health or rescission.
safety risks that the EPA has reason to SUMMARY: The Department of Veterans
believe may disproportionately affect M. Congressional Review Act (CRA)
Affairs is correcting a final rule that
children, per the definition of ‘‘covered This rule is exempt from the CRA published in the Federal Register on
regulatory action’’ in section 2–202 of because it is a rule of particular October 1, 2018 amending and updating
the Executive Order. This action is not applicability. The EPA is not required to its VA Acquisition Regulation (VAAR).
subject to Executive Order 13045 submit a rule report regarding this Two instructions in the rule are
because it merely rescinds a Federal action under section 801 because this is unneeded and are being removed.
Implementation Plan (FIP) covering a a rule of particular applicability that DATES: The correction is effective
generating station that has been only applies to a single facility. October 31, 2018.
permanently decommissioned and is
being dismantled and demolished. N. Petitions for Judicial Review FOR FURTHER INFORMATION CONTACT: Mr.
Rafael N. Taylor, Senior Procurement
I. Executive Order 13211: Actions Under CAA section 307(b)(1), Analyst, Procurement Policy and
Concerning Regulations That petitions for judicial review of this Warrant Management Services, 003A2A,
Significantly Affect Energy Supply, action must be filed in the United States 425 I Street NW, Washington, DC 20001,
Distribution, or Use Court of Appeals for the appropriate (202) 382–2787. (This is not a toll-free
This action is not subject to Executive circuit by December 26, 2018. Filing a number.)
Order 13211 because it is not a petition for reconsideration by the SUPPLEMENTARY INFORMATION: On
significant regulatory action under Administrator of this final rule does not September 24, 2018, at 83 FR 48257, VA
Executive Order 12866. affect the finality of this rule for the published a final rule (AQ04) that
J. National Technology Transfer and purposes of judicial review nor does it removes part 870 as the guidance
Advancement Act extend the time within which a petition included therein was either moved to
for judicial review may be filed, and other parts, out of date, or duplicative
This rulemaking does not involve shall not postpone the effectiveness of of the FAR. That rule (AQ04) is effective
technical standards. The EPA is not such rule or action. on October 24, 2018, however on
revising any technical standards or October 1, 2018 at 83 FR 49302 VA
imposing any new technical standards List of Subjects in 40 CFR Part 52 published a final rule (AP81) with
in this action. instructions to revise the authority
Environmental protection, Air
K. Executive Order 12898: Federal pollution control, Nitrogen dioxide, citation for part 870 and remove
Actions To Address Environmental Incorporation by reference. §§ 870.112 and 870.113 with an
Justice in Minority Populations and effective date of October 31, 2018.
Authority: 42 U.S.C. 7401 et seq. With this document, VA is removing
Low-Income Populations
Dated: October 19, 2018. the unneeded instructions amending
The EPA believes that this action does
Andrew R. Wheeler, part 870 in the final rule (AP81)
not have disproportionately high and
published on October 1, 2018 (83 FR
adverse human health or environmental Acting Administrator.
49302).
effects on minority populations, low-
income populations, and/or indigenous Part 52, Chapter I, Title 40 of the Code Correction
peoples, as specified in Executive Order of Federal Regulations is amended as
follows: In FR Doc. 2018–18984, appearing on
12898 (59 FR 7629, February 16, 1994), page 49302 in the Federal Register of
because it does not affect the level of October 1, 2018, the following
PART 52—APPROVAL AND
khammond on DSK30JT082PROD with RULES

protection to human health or the correction is made:
PROMULGATION OF
environment. This rule will not cause
IMPLEMENTATION PLANS
any emissions increases because this PART 870—[CORRECTED]
rule merely rescinds a FIP covering a
generating station that has been ■ 1. The authority citation for part 52 ■ 1. On page 49311, in the third column,
permanently decommissioned and is continues to read as follows: under part 870, remove instructions 37
being dismantled and demolished. Authority: 42 U.S.C. 7401 et seq. and 38.

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Document Created: 2018-10-26 02:28:16
Document Modified: 2018-10-26 02:28:16

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective November 26, 2018.
Contact		Krishna Viswanathan, EPA, Region IX, Air Division, Air Planning Office, (520) 999-7880 or [email protected]
FR Citation		83 FR 54053
CFR Associated		Environmental Protection; Air Pollution Control; Nitrogen Dioxide and Incorporation by Reference