Approval and Promulgation of Air Quality Implementation Plans; Nevada; Rescission of Regional Haze Federal Implementation Plan for the Reid Gardner Generating Station, 24952-24954 [2018-11752]

Download as PDF 24952 Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules jeopardizing the safety or security of people, places, or vessels. § 165.T05–0330 Safety Zone, Appomattox River; Hopewell, VA. V. Public Participation and Request for Comments (a) Definitions. The following definitions apply to this section: (1) Captain of the Port means the Commander, Sector Hampton Roads. (2) Representative means any Coast Guard commissioned, warrant or petty officer who has been authorized to act on the behalf of the Captain of the Port. (3) Participants mean individuals and vessels involved in the fireworks display. (b) Location. The following area is a safety zone: All navigable waters in the vicinity of the Appomattox River at confluence with the James River, within a 234 yard radius of the fireworks display barge in approximate position 37°18′52.20″ N, 077°17′12.52″ W. (NAD 1983). (c) Regulations. (1) Except as provided in paragraph (c)(4) of this section, all persons are required to comply with the general regulations governing safety zones of subpart C of this part. (2) With the exception of participants, entry into or remaining in this safety zone is prohibited unless authorized by the Captain of the Port, Hampton Roads or his designated representatives. All vessels within this safety zone at the time it is implemented are to depart the zone immediately. (3) The Captain of the Port, Hampton Roads or his representative can be contacted at telephone number (757) 668–5555. The Coast Guard and designated security vessels enforcing the safety zone can be contacted on VHF–FM marine band radio channel 13 (165.65 Mhz) and channel 16 (156.8 Mhz), or by visual or verbal hailing onscene. (4) This section does not apply to participants and vessels that are engaged in the following operations: (i) Enforcing laws; (ii) Servicing aids to navigation, and (iii) Emergency response vessels. We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: pmangrum on DSK30RV082PROD with PROPOSALS PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Dated: May 24, 2018. Richard J. Wester, Captain of the Port, Hampton Roads. [FR Doc. 2018–11645 Filed 5–30–18; 8:45 am] 1. The authority citation for part 165 continues to read as follows: ■ BILLING CODE 9110–04–P Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T05–0330 to read as follows: ■ VerDate Sep<11>2014 14:59 May 30, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 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 Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: 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 https:// 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 SUMMARY: E:\FR\FM\31MYP1.SGM 31MYP1 Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules 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 pmangrum on DSK30RV082PROD with PROPOSALS 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 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 1 See CAA section 169B, 42 U.S.C. 7492. generally 40 CFR 51.308. 3 40 CFR 51.308(e). 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). 2 See VerDate Sep<11>2014 14:59 May 30, 2018 Jkt 244001 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 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 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 https:// www.regulations.gov under docket number EPA–R09–OAR–2018–0221. Publicly available docket materials are available electronically at https:// 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 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)). 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. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 24953 viswanathan.krishna@epa.gov 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 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 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. E:\FR\FM\31MYP1.SGM 31MYP1 24954 Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules 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 pmangrum on DSK30RV082PROD with PROPOSALS 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 Authority: 42 U.S.C. 7401, et seq. Subpart DD—Nevada 2. Section 52.1488 is amended by removing and reserving paragraph (f). ■ [FR Doc. 2018–11752 Filed 5–30–18; 8:45 am] BILLING CODE 6560–50–P 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. Jkt 244001 List of Subjects in 40 CFR Part 52 1. The authority citation for part 52 continues to read as follows: J. National Technology Transfer and Advancement Act 14:59 May 30, 2018 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. ■ This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. VerDate Sep<11>2014 K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2018–0001; FRL–9978– 75—Region 10] Air Plan Approval; Washington; Regional Haze Progress Report Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the regional haze State Implementation Plan (SIP), submitted by Washington on November 6, 2017. SUMMARY: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Washington submitted its Regional Haze 5-Year Progress Report (progress report or report) and a negative declaration stating that further revision of the existing regional haze implementation plan is not needed at this time. Washington submitted both the progress report and the negative declaration in the form of implementation plan revisions as required by federal regulations. The progress report addresses the federal Regional Haze Rule requirements under the Clean Air Act to submit a report describing progress in achieving reasonable progress goals established for regional haze and a determination of the adequacy of the existing plan addressing regional haze. DATES: Comments must be received on or before July 2, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2018–0001 at https:// 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 full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office of Air and Waste (OAW–150), Environmental Protection Agency—Region 10, 1200 Sixth Ave., Seattle, WA 98101; telephone number: (206) 553–0256, email address: hunt.jeff@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is intended to refer to the EPA. I. Background Washington submitted its initial regional haze SIP to the EPA on December 22, 2010, and supplemental E:\FR\FM\31MYP1.SGM 31MYP1

Agencies

[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.

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

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 https://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]]

https://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\
---------------------------------------------------------------------------

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

    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\
---------------------------------------------------------------------------

    \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)).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 https://www.regulations.gov under docket 
number EPA-R09-OAR-2018-0221. Publicly available docket materials are 
available electronically at https://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 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 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

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 (f).

[FR Doc. 2018-11752 Filed 5-30-18; 8:45 am]
BILLING CODE 6560-50-P
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