[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Rules and Regulations]
[Pages 9164-9166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02191]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0812; FRL-9958-82-Region 9]


Approval of Air Quality State Implementation Plans; Nevada; 
Infrastructure Requirements To Address Interstate Transport for the 
2008 Ozone NAAQS

AGENCY: The Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the Nevada Division of 
Environmental Protection (NDEP) to address the interstate transport 
requirements of Clean Air Act (CAA) with respect to the 2008 ozone 
national ambient air quality standard (NAAQS). We are approving the 
portion of the Nevada SIP pertaining to requirements prohibiting 
significant contributions from Nevada to nonattainment or interference 
with maintenance in another state.

DATES: This final rule is effective on March 6, 2017.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2014-0812 for 
this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location 
(e.g., confidential business information (CBI)). To inspect the hard 
copy materials, please schedule an appointment during normal business 
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR-
2), EPA, Region IX, (415) 972-3856, [email protected].

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

Table of Contents

I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Sections 110(a)(1) and (2) of the CAA require states to address 
basic SIP requirements to implement, maintain and enforce the NAAQS no 
later than three years after the promulgation of a new or revised 
standard. Section 110(a)(2) outlines the specific requirements that 
each state is required to address in this SIP submission that 
collectively constitute the ``infrastructure'' of a state's air quality 
management program. A SIP submittal that addresses these requirements 
is referred to as an ``infrastructure SIP'' (I-SIP). In particular, CAA 
section 110(a)(2)(D)(i)(I) requires that each SIP for a new or revised 
NAAQS contain adequate provisions to prohibit any source or other type 
of emissions activity within the state from emitting air pollutants 
that will ``contribute significantly to nonattainment'' (``prong 1'') 
or ``interfere with maintenance'' (``prong 2'') of the applicable NAAQS 
in any other state. This action addresses the section 110(a)(2)(D)(i) 
requirements of prong 1 and prong 2 with respect to Nevada's I-SIP 
submission.
    On March 27, 2008, the EPA issued a revised NAAQS for ozone.\1\ 
This action triggered a requirement for states to submit an I-SIP to 
address the applicable requirements of section 110(a)(2) within three 
years of issuance of the revised NAAQS. On April 10, 2013, NDEP 
submitted the ``Nevada State Implementation Plan for the 2008 8-Hour 
Ozone NAAQS: Demonstration of Adequacy'' (``2013 Submittal'') to 
address all of the CAA section 110(a)(2) requirements for the 2008 8-
hour ozone NAAQS. On March 25, 2016, NDEP submitted, ``2016 Supplement 
to the Nevada State Implementation Plan for the 2008 8-Hour Primary 
Ozone NAAQS: Clean Air Act Section 110(a)(2)(D)(i)(I)'' (``2016 
Supplement'').
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    \1\ National Ambient Air Quality Standards for Ozone; Final 
Rule, 73 FR 16436 (March 27, 2008).
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    On November 3, 2015, the EPA issued a partial approval and partial 
disapproval of Nevada's 2013 I-SIP submittal for the 2008 ozone, 2010 
nitrogen dioxide, and 2010 sulfur dioxide NAAQS, including the 
following actions on infrastructure SIP requirements: Approval of SIP 
elements relating to CAA sections 110(a)(2)(A), (B), (C), (D)(i)(II)--
visibility transport (``prong 4''), (E), (F), (G), (H), (I), (K), (L) 
and (M); partial approval, for Clark County, and partial disapproval, 
for Washoe County and the remainder of the state, of SIP elements 
relating to CAA sections 110(a)(2)(C), (D)(i)(II)--interference with 
Prevention of Significant Deterioration (``prong 3''), (D)(ii) 
(interstate pollution abatement and international air pollution) and 
(J); and, for NOX only, approval of SIP elements relating to 
prong 1 and prong 2 of CAA section 110(a)(2)(D)(i)(I).\2\ Our November 
3, 2015, partial approval and partial disapproval took no action on the 
Nevada 2013 Submittal with regard to prong 1 and prong 2 of the 
interstate transport requirements for the 2008 ozone NAAQS, but the 
proposal did state our intention to take action in a subsequent 
rulemaking. The EPA must take final action by February 13, 2017, on the 
provisions of the Nevada 2013 Submittal and 2016 Supplement addressing 
the requirements of prong 1 and prong 2, pursuant to a judgment by the 
District of Nevada in Nevada v. McCarthy.\3\
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    \2\ Partial Approval and Partial Disapproval of Air Quality 
State Implementation Plans; Nevada; Infrastructure Requirements for 
Ozone, NO2 and SO2, 80 FR 67652 (November 3, 
2015).
    \3\ See Judgment, Nevada v. McCarthy, Case 3:15-cv-00396-HDM-WGC 
(D. Nev. June 22, 2016).
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    On December 6, 2016, the EPA proposed to approve the 2013 SIP 
Submittal and the 2016 Supplement addressing the infrastructure 
requirements of CAA section 110(a)(2)(D)(i) for the 2008 ozone

[[Page 9165]]

NAAQS.\4\ The rationale supporting the EPA's actions is explained in 
our proposal notice and the associated Technical Support Document (TSD) 
and will not be restated here. The proposed rule and TSD are available 
online at http://www.regulations.gov, Docket ID number EPA-R09-OAR-
2014-0812.
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    \4\ ``Air Quality State Implementation Plans; Approvals and 
Promulgations: Nevada; Infrastructure Requirements to Address 
Interstate Transport for the 2008 Ozone NAAQS,'' 81 FR 87857 
(December 6, 2016).
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II. Public Comments

    The EPA received no comments on the proposed action during the 
public comment period.

III. Final Action

    Under CAA section 110(k)(3), and based on the evaluation and 
rationale presented in the proposed rule, the related TSD, and this 
final rule, the EPA is approving Nevada's SIP as meeting the interstate 
transport requirements of CAA section 110(a)(2)(D)(i)(I) prong 1 and 
prong 2 for the 2008 ozone NAAQS.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 4, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Air pollution control, Approval and promulgation of implementation 
plans, Environmental protection, Incorporation by reference, Oxides of 
nitrogen, Ozone, and Volatile organic compounds.

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

    Dated: January 13, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    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. In Sec.  52.1470, paragraph (e), the table is amended by adding, 
under the heading ``Air Quality Implementation Plan for the State of 
Nevada'' an entry after the entry ``Nevada's Clean Air Act Sec.  
110(a)(1) and (2) State Implementation Plan for the 2008 ozone NAAQS, 
excluding appendices A-F for NDEP; excluding the cover letter to NDEP 
and attachments A and B for Clark County; and excluding the cover 
letter to NDEP and Attachments A and B for Washoe County'' to read as 
follows:


Sec.  52.1470   Identification of plan.

* * * * *
    (e) * * *

[[Page 9166]]



                   EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
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                                   Applicable geographic       State
      Name of SIP provision        or nonattainment area  submittal date   EPA approval date      Explanation
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                           AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA \1\
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                                                  * * * * * * *
Supplement to the Nevada          State-wide............       3/25/2016  [Insert Federal     Interstate
 Division of Environmental                                                 Register            transport
 Protection Portion of the                                                 citation] 2/3/      supplement to the
 Nevada ``Infrastructure'' SIP                                             2017.               ``Infrastructure'
 for the 2008 Ozone NAAQS: CAA                                                                 ' SIP for NDEP,
 Sec.   110(a)(2)(D)(i)(I),                                                                    Clark County and
 Interstate Transport; excluding                                                               Washoe County for
 the cover letter to EPA Region                                                                the 2008 8-hour
 9 and attachments A and 2.                                                                    ozone standard.
 
                                                  * * * * * * *
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\1\ The organization of this table generally follows from the organization of the State of Nevada's original
  1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
  are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
  Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
  regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
  52.1470(c).


0
3. Section 52.1472 is amended by revising paragraph (h) to read as 
follows:


Sec.  52.1472   Approval status.

* * * * *
    (h) 2008 8-hour ozone NAAQS: The SIPs submitted on December 20, 
2012 are partially disapproved for CAA elements 110(a)(2)(C), (D)(ii), 
and (J) for the NDEP and Washoe County portions of the Nevada SIP.
* * * * *
[FR Doc. 2017-02191 Filed 2-2-17; 8:45 am]
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