[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Proposed Rules]
[Pages 24952-24954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11752]


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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.

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

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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]
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