Approval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements To Address Interstate Transport for the 2008 Ozone NAAQS, 9164-9166 [2017-02191]
Download as PDF
<![CDATA[
9164
Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
is determining that this rule is of
nationwide scope or effect.
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the District of
Columbia Circuit within 60 days from
the date this final action is published in
the Federal Register. Filing a petition
for review by the Administrator of this
final action does not affect the finality
of the action for the purposes of judicial
review, nor does it extend the time
within which a petition for judicial
review must be filed, and shall not
postpone the effectiveness of such rule
or action.
List of Subjects in 40 CFR Part 52
Environmental protection, Approval
and promulgation of implementation
plans, Administrative practice and
procedures, Air pollution control,
Incorporation by reference,
Intergovernmental relations, and
Reporting and recordkeeping
requirements.
Dated: January 13, 2017.
Gina McCarthy,
Administrator.
Table of Contents
I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
[FR Doc. 2017–02188 Filed 2–2–17; 8:45 am]
BILLING CODE 6560–50–P
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
The Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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.
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
21:08 Feb 02, 2017
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 https://
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 https://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,
kelly.thomasp@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
ADDRESSES:
Jkt 241001
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
1 National Ambient Air Quality Standards for
Ozone; Final Rule, 73 FR 16436 (March 27, 2008).
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
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’’).
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
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
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).
E:\FR\FM\03FER1.SGM
03FER1
Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
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
https://www.regulations.gov, Docket ID
number EPA–R09–OAR–2014–0812.
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.
asabaliauskas on DSK3SPTVN1PROD with RULES
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.);
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).
VerDate Sep<11>2014
21:08 Feb 02, 2017
Jkt 241001
• 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
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
9165
‘‘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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart DD—Nevada
2. In § 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
§ 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:
■
§ 52.1470
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\03FER1.SGM
03FER1
*
*
9166
Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or
nonattainment
area
Name of SIP provision
EPA
approval
date
State submittal
date
Explanation
AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA 1
*
*
Supplement to the Nevada Division of Environmental Protection Portion of the
Nevada ‘‘Infrastructure’’ SIP for the
2008
Ozone
NAAQS:
CAA
§ 110(a)(2)(D)(i)(I), Interstate Transport;
excluding the cover letter to EPA Region 9 and attachments A and 2.
*
*
State-wide ......
*
3/25/2016
*
*
*
*
[Insert Federal Register citation] 2/3/
2017.
*
*
Interstate transport supplement to the ‘‘Infrastructure’’ SIP for NDEP, Clark
County and Washoe County for the
2008 8-hour ozone standard.
*
*
*
*
*
*
*
*
*
*
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).
1 The
3. Section 52.1472 is amended by
revising paragraph (h) to read as
follows:
■
§ 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]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 131
[EPA–HQ–OW–2016–0012; FRL–9958–40–
OW]
RIN 2040–AF60
Aquatic Life Criteria for Cadmium in
Oregon
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is establishing a federal
Clean Water Act (CWA) aquatic life
criterion for freshwaters under the state
of Oregon’s jurisdiction, to protect
aquatic life from the effects of exposure
to harmful levels of cadmium. In 2013,
EPA determined that the freshwater
acute cadmium criterion and freshwater
acute and chronic copper criteria that
Oregon adopted in 2004 did not meet
CWA requirements to protect aquatic
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
21:08 Feb 02, 2017
Jkt 241001
life in the state. Since that time, the state
adopted revised criteria for copper
(which EPA is approving in parallel
with this final rulemaking), but has not
adopted a revised acute criterion for
cadmium and thus EPA is establishing
a federal freshwater acute criterion for
cadmium that takes into account the
best available science, EPA policies,
guidance and legal requirements, to
protect aquatic life uses in Oregon.
DATES: This final rule is effective on
March 6, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OW–2016–0012. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., 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 electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Erica Fleisig, Office of Water, Standards
and Health Protection Division (4305T),
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; telephone number: (202)
566–1057; email address: fleisig.erica@
epa.gov.
SUPPLEMENTARY INFORMATION: This final
rule is organized as follows:
I. General Information
A. Does this action apply to me?
B. How did EPA develop this final rule?
II. Background
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
A. Statutory and Regulatory Background
B. EPA’s Actions on Oregon’s Freshwater
Copper and Cadmium Criteria
C. General Recommended Approach for
Deriving Aquatic Life Criteria
III. Freshwater Cadmium Aquatic Life
Criteria
A. EPA’s National Recommended
Cadmium Criteria
B. Final Acute Cadmium Criterion for
Oregon’s Freshwaters
C. Additional Considerations for
Calculation of Site-Dependent Cadmium
Criteria
IV. Implementation of Final Cadmium
Criterion in Oregon
V. Critical Low-Flows and Mixing Zones
VI. Endangered Species Act
VII. Applicability of Criteria
VIII. Alternative Regulatory Approaches and
Implementation Mechanisms
A. Designating Uses
B. Site-Specific Criteria
C. Variances
D. Compliance Schedules
IX. Economic Analysis
A. Identifying Affected Entities
B. Method for Estimating Costs
C. Results
X. Statutory and Executive Order Reviews
A. Executive Order 12866 (Regulatory
Planning and Review) and Executive
Order 13563 (Improving Regulation and
Regulatory Review)
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132 (Federalism)
F. Executive Order 13175 (Consultation
and Coordination With Indian Tribal
Governments)
G. Executive Order 13045 (Protection of
Children From Environmental Health
and Safety Risks)
H. Executive Order 13211 (Actions That
Significantly Affect Energy Supply,
Distribution, or Use)
I. National Technology Transfer and
Advancement Act of 1995
E:\FR\FM\03FER1.SGM
03FER1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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, kelly.thomasp@epa.gov.
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'').
---------------------------------------------------------------------------
\1\ National Ambient Air Quality Standards for Ozone; Final
Rule, 73 FR 16436 (March 27, 2008).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 https://www.regulations.gov, Docket ID number EPA-R09-OAR-
2014-0812.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Applicable geographic State
Name of SIP provision or nonattainment area submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
\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]
BILLING CODE 6560-50-P
