Approval and Promulgation of Air Quality Implementation Plans; Nevada; Rescission of Visibility Protection Federal Implementation Plan for the Mohave Generating Station, 28433-28435 [2017-12965]

Download as PDF sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules omitting the technical support document (TSD) in the docket. This proposed rule corrects this omission and provides notice of the availability of the TSD which supports EPA’s analysis. All comments received on or before July 24, 2017 will be entered into the public record and considered by EPA before taking final action on the proposed rule. Comments submitted between the close of the original comment period and the re-opening of this comment period will be accepted and considered. DATES: Written comments must be received on or before July 24, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2017–0152 at https:// www.regulations.gov, or via email to stahl.cynthia@epa.gov. 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, 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. 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 full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814–2042, or by email at huang.gavin@epa.gov. SUPPLEMENTARY INFORMATION: On June 1, 2017, EPA published in the Federal Register a proposal to approve portions of the State of Delaware’s SIP submittal to address the infrastructure requirements for the 2012 PM2.5 NAAQS. 82 FR 25211. Comments on the proposed rule were required to be received by July 3, 2017. We are extending the comment period until July 24, 2017. This action will allow interested persons additional time to prepare and submit comments. EPA is also announcing the availability in the VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 docket of the TSD EPA prepared for this proposed rulemaking which includes EPA’s analysis supporting approval of portions of Delaware’s December 14, 2015 infrastructure SIP submission for the 2012 PM2.5 NAAQS. The TSD is available in the docket for this rulemaking and online at www.regulations.gov. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: June 8, 2017 Cecil Rodrigues, Acting Regional Administrator, Region III. [FR Doc. 2017–12963 Filed 6–21–17; 8:45 am] BILLING CODE 6560–50–P 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 Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: 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 https:// www.regulations.gov, or via email to viswanathan.krishna@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for SUMMARY: PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 28433 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 https:// www2.epa.gov/dockets/commentingepa-dockets. FOR FURTHER INFORMATION CONTACT: Krishna Viswanathan, EPA Region IX, (520) 999–7880, viswanathan.krishna@ epa.gov. 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. On December 31, 2005, MGS ceased operations. On June 10, 2009, the owners of MGS announced their decision to decommission and 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). E:\FR\FM\22JNP1.SGM 22JNP1 28434 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules 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 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 https:// www.regulations.gov under docket number EPA–R09–OAR–2017–0271. Publicly available docket materials are available either electronically at https:// 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. sradovich on DSK3GMQ082PROD with PROPOSALS 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 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. VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 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 https://www2.epa.gov/lawsregulations/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. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 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. E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules 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 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. Subpart DD—Nevada 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 sradovich on DSK3GMQ082PROD with PROPOSALS [EPA–R05–OAR–2016–0513; FRL–9963–73– Region 5] Air Plan Approval; Indiana; Redesignation of the Indiana Portion of the Cincinnati-Hamilton, OH-IN-KY Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to redesignate the Indiana portion of the Cincinnati-Hamilton, OH-IN-KY, SUMMARY: VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 nonattainment area (hereafter, ‘‘the Cincinnati-Hamilton area’’) to attainment for the 1997 fine particulate matter (PM2.5) annual national ambient air quality standard (NAAQS or standard). The Indiana portion of the Cincinnati-Hamilton area includes Lawrenceburg Township within Dearborn County. EPA is taking this action because it has determined that the Cincinnati-Hamilton area is attaining the annual PM2.5 standard. EPA is also proposing several additional related actions. First, EPA is proposing to approve the state’s plan for maintaining the 1997 annual PM2.5 NAAQS through 2027. In addition, EPA is proposing to approve Indiana’s updated emission inventory, which includes emission inventories for volatile organic compounds (VOCs) and ammonia. Indiana’s maintenance plan submission also includes a budget for the mobile source contribution of PM2.5 and nitrogen oxides (NOX) to the Cincinnati-Hamilton PM2.5 area for transportation conformity purposes, which EPA is proposing to approve and update. EPA is proposing to take these actions in accordance with the Clean Air Act (CAA) and EPA’s State implementation plan (SIP) rules regarding the 1997 PM2.5 NAAQS. DATES: Comments must be received on or before July 24, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2016–0513 at https:// www.regulations.gov, or via email to aburano.douglas@epa.gov. 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, 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. 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 full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 28435 making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–3901, becker.michelle@epa.gov. SUPPLEMENTARY INFORMATION: This supplementary information section is arranged as follows: I. What is the background for these actions? II. What are the criteria for redesignation to attainment? III. What is EPA’s analysis of the state’s request? 1. Attainment 2. The Area Has Met All Applicable Requirements Under Section 110 and Part D and Has a Fully Approved SIP Under Section 110(k) (Section 107(d)(3)(E)(ii) and (v)) 3. The Improvement in Air Quality Is Due to Permanent and Enforceable Reductions in Emissions Resulting From Implementation of the SIPs and Applicable Federal Air Pollution Control Regulations and Other Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii)) 4. Indiana Has a Fully Approved Maintenance Plan Pursuant to Section 175A of the CAA (Section 107(d)(3)(E)(iv)) 5. Motor Vehicle Emissions Budget (MVEBs) for the Mobile Source Contribution to PM2.5 and NOX 6. 2005 Comprehensive Emissions Inventory V. EPA’s Proposed Actions VI. Statutory and Executive Order Reviews I. What is the background for these actions? The first air quality standards for PM2.5 were promulgated on July 18, 1997, at 62 FR 38652. Fine particulate pollution can be emitted directly from a source (primary PM2.5) or formed secondarily through chemical reactions in the atmosphere involving precursor pollutants emitted from a variety of sources (secondary PM2.5). EPA promulgated an annual standard at a level of 15 micrograms per cubic meter (mg/m3) of ambient air, based on a threeyear average of the annual mean PM2.5 concentrations at each monitoring site. See 40 CFR 50.13. On January 5, 2005, at 70 FR 944, EPA published air quality area designations for the 1997 annual PM2.5 standard based on air quality data for calendar years 2001–2003. In that rulemaking, EPA designated the CincinnatiHamilton area, which includes Lawrenceburg Township, Dearborn E:\FR\FM\22JNP1.SGM 22JNP1

Agencies

[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 https://www.regulations.gov, or via email to 
viswanathan.krishna@epa.gov. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Krishna Viswanathan, EPA Region IX, 
(520) 999-7880, viswanathan.krishna@epa.gov.

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 https://www.regulations.gov under docket 
number EPA-R09-OAR-2017-0271. Publicly available docket materials are 
available either electronically at https://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 https://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
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