[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Rules and Regulations]
[Pages 54053-54054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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).
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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\
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    \2\ For details on the EPA's RH FIP and additional background, 
see proposal at 83 FR 24952 (May 31, 2018).
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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

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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

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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