Approval and Promulgation of Air Quality Implementation Plans; Nevada; Rescission of Regional Haze Federal Implementation Plan for the Reid Gardner Generating Station, 54053-54054 [2018-23470]

Download as PDF Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Rules and Regulations 54053 (4) EPA APPROVED WESTERN NORTH CAROLINA REGULATIONS—Continued Title/subject Section .0309 ............. Section .0312 ............. Termination, Modification and Revocation of Permits. Permitting of Numerous Similar Facilities. Permitting of Facilities at Multiple Temporary Sites. Application Processing Schedule ... * * Section .0310 ............. Section .0311 ............. * * * ENVIRONMENTAL PROTECTION AGENCY 5/2/1991, 56 FR 20140 6/14/1990 5/2/1991, 56 FR 20140 6/14/1990 5/2/1991, 56 FR 20140 6/14/1990 5/2/1991, 56 FR 20140 SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. 40 CFR Part 52 [EPA–R09–OAR–2018–0221, FRL–9985–84Region 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: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving the Nevada Division of Environmental Protection’s (NDEP) request to rescind a Regional Haze Federal Implementation Plan (RH FIP) that regulates air pollutant emissions from Reid Gardner Generating Station (RGGS) Units 1, 2, and 3. The EPA is approving NDEP’s request because RGGS Units 1–3 have been permanently decommissioned and are being dismantled and demolished. DATES: This rule is effective November 26, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2018–0221. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. SUMMARY: 18:06 Oct 25, 2018 6/14/1990 Krishna Viswanathan, EPA, Region IX, Air Division, Air Planning Office, (520) 999–7880 or viswanathan.krishna@ epa.gov. BILLING CODE 6560–50–P VerDate Sep<11>2014 EPA approval date FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–23246 Filed 10–25–18; 8:45 am] khammond on DSK30JT082PROD with RULES State effective date State citation Jkt 247001 Table of Contents I. Proposed Action and Public Comment Period II. Final Action III. Statutory and Executive Order Reviews I. Proposed Action and Public Comment Period On May 31, 2018, the EPA proposed to rescind the RH FIP for RGGS Units 1–3 because RGGS Units 1–3 have been permanently decommissioned and are being dismantled and demolished, as demonstrated by the supporting documentation provided by NDEP.1 The EPA’s proposed action provided a 45day public comment period. The EPA did not receive any timely or germane comments on the proposal to rescind the RGGS RH FIP. II. Final Action For the reasons explained in our proposal, we are approving the NDEP’s request to rescind the RH FIP for RGGS Units 1–3. III. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at 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 Explanation B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 regulatory action because this action removes existing Federal Implementation Plan and associated requirements covering a single electric power generating station and therefore is a rule of particular applicability. Rules of particular applicability are exempted under Executive Order 12866. C. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. D. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities. As detailed in the proposal to this action, small entities are not subject to the requirements of this rule. 2 E. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. F. Executive Order 13132: Federalism This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. 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. 1 For details on the EPA’s RH FIP and additional background, see proposal at 83 FR 24952 (May 31, 2018). 2 For details on the EPA’s RH FIP and additional background, see proposal at 83 FR 24952 (May 31, 2018). PO 00000 Frm 00089 Fmt 4700 Sfmt 4700 E:\FR\FM\26OCR1.SGM 26OCR1 54054 Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Rules and Regulations G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175. It will not have substantial direct effects on any Indian tribes, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes. Thus, Executive Order 13175 does not apply to this action. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it merely rescinds a Federal Implementation Plan (FIP) covering a generating station that has been permanently decommissioned and is being dismantled and demolished. I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. khammond on DSK30JT082PROD with RULES J. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. The EPA is not revising any technical standards or imposing any new technical standards in this action. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, lowincome populations, and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994), because it does not affect the level of protection to human health or the environment. This rule will not cause any emissions increases because this rule merely rescinds a FIP covering a generating station that has been permanently decommissioned and is being dismantled and demolished. VerDate Sep<11>2014 18:06 Oct 25, 2018 Jkt 247001 L. Determination Under Section 307(d) Subpart DD—Nevada Pursuant to CAA section 307(d)(1)(B), the EPA has determined that this action is subject to the provisions of section 307(d). Section 307(d) establishes procedural requirements specific to certain rulemaking actions under the CAA. Pursuant to CAA section 307(d)(1)(B), the rescission of the RGGS RH FIP is subject to the requirements of CAA section 307(d), as it constitutes a revision to a FIP under CAA section 110(c). Furthermore, CAA section 307(d)(1)(V) provides that the provisions of section 307(d) apply to ‘‘such other actions as the Administrator may determine.’’ The EPA determines that the provisions of 307(d) apply to the EPA’s action on the RGGS RH FIP rescission. ■ M. Congressional Review Act (CRA) This rule is exempt from the CRA because it is a rule of particular applicability. The EPA is not required to submit a rule report regarding this action under section 801 because this is a rule of particular applicability that only applies to a single facility. N. Petitions for Judicial Review Under CAA section 307(b)(1), petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 26, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Incorporation by reference. Authority: 42 U.S.C. 7401 et seq. Dated: October 19, 2018. Andrew R. Wheeler, Acting Administrator. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Authority: 42 U.S.C. 7401 et seq. Frm 00090 Fmt 4700 Sfmt 4700 [FR Doc. 2018–23470 Filed 10–25–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF VETERANS AFFAIRS 48 CFR Part 870 RIN 2900–AP81 VA Acquisition Regulation: Describing Agency Needs; Contract Financing; Correction Department of Veterans Affairs. Final rule; correction. AGENCY: ACTION: The Department of Veterans Affairs is correcting a final rule that published in the Federal Register on October 1, 2018 amending and updating its VA Acquisition Regulation (VAAR). Two instructions in the rule are unneeded and are being removed. DATES: The correction is effective October 31, 2018. FOR FURTHER INFORMATION CONTACT: Mr. Rafael N. Taylor, Senior Procurement Analyst, Procurement Policy and Warrant Management Services, 003A2A, 425 I Street NW, Washington, DC 20001, (202) 382–2787. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: On September 24, 2018, at 83 FR 48257, VA published a final rule (AQ04) that removes part 870 as the guidance included therein was either moved to other parts, out of date, or duplicative of the FAR. That rule (AQ04) is effective on October 24, 2018, however on October 1, 2018 at 83 FR 49302 VA published a final rule (AP81) with instructions to revise the authority citation for part 870 and remove §§ 870.112 and 870.113 with an effective date of October 31, 2018. With this document, VA is removing the unneeded instructions amending part 870 in the final rule (AP81) published on October 1, 2018 (83 FR 49302). SUMMARY: Correction In FR Doc. 2018–18984, appearing on page 49302 in the Federal Register of October 1, 2018, the following correction is made: PART 870—[CORRECTED] 1. The authority citation for part 52 continues to read as follows: ■ PO 00000 2. Section 52.1488 is amended by removing and reserving paragraph (f). 1. On page 49311, in the third column, under part 870, remove instructions 37 and 38. ■ E:\FR\FM\26OCR1.SGM 26OCR1

Agencies

[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Rules and Regulations]
[Pages 54053-54054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23470]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0221, FRL-9985-84-Region 9]


Approval and Promulgation of Air Quality Implementation Plans; 
Nevada; Rescission of Regional Haze Federal Implementation Plan for the 
Reid Gardner Generating Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Nevada Division of Environmental Protection's (NDEP) request to rescind 
a Regional Haze Federal Implementation Plan (RH FIP) that regulates air 
pollutant emissions from Reid Gardner Generating Station (RGGS) Units 
1, 2, and 3. The EPA is approving NDEP's request because RGGS Units 1-3 
have been permanently decommissioned and are being dismantled and 
demolished.

DATES: This rule is effective November 26, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2018-0221. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Krishna Viswanathan, EPA, Region IX, 
Air Division, Air Planning Office, (520) 999-7880 or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action and Public Comment Period
II. Final Action
III. Statutory and Executive Order Reviews

I. Proposed Action and Public Comment Period

    On May 31, 2018, the EPA proposed to rescind the RH FIP for RGGS 
Units 1-3 because RGGS Units 1-3 have been permanently decommissioned 
and are being dismantled and demolished, as demonstrated by the 
supporting documentation provided by NDEP.\1\ The EPA's proposed action 
provided a 45-day public comment period. The EPA did not receive any 
timely or germane comments on the proposal to rescind the RGGS RH FIP.
---------------------------------------------------------------------------

    \1\ For details on the EPA's RH FIP and additional background, 
see proposal at 83 FR 24952 (May 31, 2018).
---------------------------------------------------------------------------

II. Final Action

    For the reasons explained in our proposal, we are approving the 
NDEP's request to rescind the RH FIP for RGGS Units 1-3.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at 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. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action removes existing Federal Implementation Plan and 
associated requirements covering a single electric power generating 
station and therefore is a rule of particular applicability. Rules of 
particular applicability are exempted under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. As detailed 
in the proposal to this action, small entities are not subject to the 
requirements of this rule. \2\
---------------------------------------------------------------------------

    \2\ For details on the EPA's RH FIP and additional background, 
see proposal at 83 FR 24952 (May 31, 2018).
---------------------------------------------------------------------------

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action imposes 
no enforceable duty on any state, local or tribal governments or the 
private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

[[Page 54054]]

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. It will not have substantial direct effects on 
any Indian tribes, on the relationship between the federal government 
and Indian tribes, or on the distribution of power and responsibilities 
between the federal government and Indian tribes. Thus, Executive Order 
13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern health or safety risks that the EPA has 
reason to believe may disproportionately affect children, per the 
definition of ``covered regulatory action'' in section 2-202 of the 
Executive Order. This action is not subject to Executive Order 13045 
because it merely rescinds a Federal Implementation Plan (FIP) covering 
a generating station that has been permanently decommissioned and is 
being dismantled and demolished.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards. The EPA is 
not revising any technical standards or imposing any new technical 
standards in this action.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994), 
because it does not affect the level of protection to human health or 
the environment. This rule will not cause any emissions increases 
because this rule merely rescinds a FIP covering a generating station 
that has been permanently decommissioned and is being dismantled and 
demolished.

L. Determination Under Section 307(d)

    Pursuant to CAA section 307(d)(1)(B), the EPA has determined that 
this action is subject to the provisions of section 307(d). Section 
307(d) establishes procedural requirements specific to certain 
rulemaking actions under the CAA. Pursuant to CAA section 307(d)(1)(B), 
the rescission of the RGGS RH FIP is subject to the requirements of CAA 
section 307(d), as it constitutes a revision to a FIP under CAA section 
110(c). Furthermore, CAA section 307(d)(1)(V) provides that the 
provisions of section 307(d) apply to ``such other actions as the 
Administrator may determine.'' The EPA determines that the provisions 
of 307(d) apply to the EPA's action on the RGGS RH FIP rescission.

M. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular 
applicability. The EPA is not required to submit a rule report 
regarding this action under section 801 because this is a rule of 
particular applicability that only applies to a single facility.

N. Petitions for Judicial Review

    Under CAA section 307(b)(1), petitions for judicial review of this 
action must be filed in the United States Court of Appeals for the 
appropriate circuit by December 26, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Incorporation by reference.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: October 19, 2018.
Andrew R. Wheeler,
Acting Administrator.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. 2018-23470 Filed 10-25-18; 8:45 am]
 BILLING CODE 6560-50-P
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