[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Proposed Rules]
[Pages 28433-28435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12965]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0271; FRL-9963-79-Region 9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
rescind the visibility protection federal implementation plan (FIP) 
that we promulgated on February 8, 2002, to regulate air pollutant 
emissions from the Mohave Generating Station (MGS), located in Clark 
County, Nevada. The EPA is proposing this action in response to the 
Nevada Division of Environmental Protection's (NDEP) request dated 
March 25, 2016. The request seeks rescission of the FIP because MGS had 
been decommissioned and demolished, as demonstrated by the supporting 
documentation provided by the NDEP.

DATES: Any comments on this proposal must arrive by August 7, 2017. 
Requests for public hearing must be received on or before July 7, 2017.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R09-OAR-2017-0271, at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the 
EPA's full public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit 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. Environmental Justice Considerations
V. Statutory and Executive Order Reviews

I. Background

    The EPA promulgated a revision to the long-term strategy of the 
Nevada Visibility FIP on February 8, 2002, to regulate air pollutant 
emissions from MGS (``MGS FIP'').\1\ The requirements of the MGS FIP 
were based on a consent decree between the owners of MGS and the Grand 
Canyon Trust, the Sierra Club, and the National Parks Conservation 
Association. The MGS FIP addressed concerns raised by the Department of 
Interior regarding MGS's contribution to visibility impairment at the 
Grand Canyon National Park due to sulfur dioxide emissions.
---------------------------------------------------------------------------

    \1\ 40 CFR 52.1488(d). See also 67 FR 6130 (February 8, 2002) 
(final rule) and 65 FR 45003 (July 20, 2000) (proposed rule).
---------------------------------------------------------------------------

    On December 31, 2005, MGS ceased operations. On June 10, 2009, the 
owners of MGS announced their decision to decommission and

[[Page 28434]]

dismantle MGS, and subsequently submitted a request to the NDEP to 
terminate its Class I Air Quality Operating Permit, No. AP4911-0774, 
FIN A0013. The NDEP, on April 9, 2010, granted the owners' request on 
the basis that MGS had ceased all operations related to electricity 
generation from burning coal and that MGS had received a new operating 
permit establishing the emission reduction credits for the permanent 
shutdown and dismantling of the main steam boilers. MGS was 
subsequently demolished on March 11, 2011, as acknowledged in separate 
EPA rulemakings.\2\ On March 25, 2016, the NDEP submitted a request to 
us asking that we rescind the MGS FIP.\3\
---------------------------------------------------------------------------

    \2\ See 80 FR 55809, Table 1 (September 17, 2015) (explaining 
that MGS ``ceased operations in December 2005 and was subsequently 
fully decommissioned and demolished'').
    \3\ Letter from David Emme, Administrator, NDEP, to Jared 
Blumenfeld, Regional Administrator, EPA Region 9, dated March 25, 
2016, and attachments.
---------------------------------------------------------------------------

    The provisions of Clean Air Act section 307(d) apply to EPA's 
action to revise the MGS FIP by rescinding it, and 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-2017-0271. Publicly available docket materials are 
available either electronically at http://www.regulations.gov or in 
hard copy at the Planning Office of the Air Division, AIR-2, EPA Region 
IX, 75 Hawthorne Street, San Francisco, CA 94105. The EPA requests that 
you contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section to view the hard copy of the docket. You may view the 
hard copy of the docket Monday through Friday, 9:00-5:00 PDT, excluding 
federal holidays.

II. Proposed Action

    Based on our review of the information submitted with the March 25, 
2016 letter from NDEP, we are proposing to grant NDEP's request to 
rescind the MGS FIP and update the Code of Federal Regulations to 
remove any references to MGS because MGS has been decommissioned and 
demolished.

III. Solicitation of Comments

    The EPA solicits comments on any issues associated with rescinding 
the MGS FIP. In addition, if anyone contacts the EPA by July 7, 2017 
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 the phone number or email address provided above 
to request a hearing or to find out if a hearing will be held.

IV. Environmental Justice Considerations

    The EPA is proposing to rescind a FIP that is no longer applicable 
because the subject facility has been decommissioned and demolished. 
Therefore, the EPA considers this proposed action to have no potential 
disproportionately high and adverse effects on minority, low-income, or 
indigenous populations.

V. 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. 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.

C. 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 
decommissioned and demolished.

D. 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.

E. 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 decommissioned and demolished.

F. 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 decommissioned and demolished. Thus, Executive Order 
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets EO 13045 as applying only to those regulatory 
actions that concern health or safety risks that the EPA has reason to 
believe may disproportionately affect children, per the definition of 
``covered regulatory action'' in section 2-202 of the Executive Order. 
This action is not subject to Executive Order 13045 because it merely 
rescinds a FIP covering a generating station that has been 
decommissioned and demolished.

H. 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.

I. 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 decommissioned and demolished.

[[Page 28435]]

J. 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 decommissioned and demolished, this 
proposal will not cause any emissions increases.

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 7, 2017.
Alexis Strauss,
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 (d).

[FR Doc. 2017-12965 Filed 6-21-17; 8:45 am]
BILLING CODE 6560-50-P