Air Quality State Implementation Plan Approval; Nevada; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard, 41395-41397 [2020-13561]

Download as PDF Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations the removal of Customized Postage in Order Number 5550. List of Subjects in 39 CFR Part 501 Administrative practice and procedure, Authorization to Manufacture and Distribute Postage Evidencing Systems. For the reasons stated in the preamble, the Postal Service amends 39 CFR chapter I as follows: PART 501—AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE EVIDENCING SYSTEMS 1. The authority citation for part 501 continues to read as follows: ■ Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 410, 2601, 2605; Inspector General Act of 1978, as amended (Pub. L. 95– 452, as amended); 5 U.S.C. App. 3. § 501.21 ■ [Removed] Table of Contents 2. Remove § 501.21. I. Summary of the Proposed Action II. Public Comments and EPA Responses III. Final Action IV. Statutory and Executive Order Reviews Joshua J. Hofer, Attorney, Federal Compliance. [FR Doc. 2020–13566 Filed 7–9–20; 8:45 am] BILLING CODE 7710–12–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2014–0812; FRL–10011– 07–Region 9] Air Quality State Implementation Plan Approval; Nevada; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving the remaining portion of a state implementation plan (SIP) revision submitted by the State of Nevada. This revision addresses the interstate transport requirements of the Clean Air Act (CAA) with respect to the 2010 1-hour sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS). In this action, the EPA has determined that Nevada will not contribute significantly to nonattainment or interfere with maintenance of the 2010 1-hour SO2 NAAQS in any other state. DATES: This rule will be effective on August 10, 2020. ADDRESSES: The EPA has established a docket for this action under Docket ID jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:12 Jul 09, 2020 No. EPA–R09–OAR–2014–0812. 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: Tom Kelly, Air Planning Office (AIR–2), EPA Region IX, (415) 947–4151, or by email at kelly.thomasp@epa.gov. SUPPLEMENTARY INFORMATION: Jkt 250001 I. Summary of the Proposed Action On June 22, 2010, the EPA promulgated a revised primary NAAQS for SO2 at a level of 75 parts per billion (ppb), based on a 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations.1 Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or a shorter period as the EPA may prescribe. These SIPs, which the EPA has historically referred to as ‘‘infrastructure SIPs,’’ are to provide for the ‘‘implementation, maintenance, and enforcement’’ of such NAAQS, and the requirements are designed to ensure that the structural components of each state’s air quality management program are adequate to meet the state’s responsibility under the CAA. Section 110(a) of the CAA imposes the obligation upon states to make a SIP submission to the EPA for a new or revised NAAQS, but the contents of individual state submissions may vary depending upon the facts and circumstances. The content of the revisions proposed in SIP submissions may also vary depending upon what provisions are already contained in the state’s approved SIP. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program PO 00000 1 75 requirements, and legal authority that are designed to assure attainment and maintenance of the NAAQS. Section 110(a)(2)(D)(i)(I) of the CAA requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from emitting any air pollutant in amounts that will contribute significantly to nonattainment, or interfere with maintenance, of the NAAQS in another state. The two clauses of this section are referred to as prong 1 (significant contribution to nonattainment) and prong 2 (interference with maintenance of the NAAQS). On June 3, 2013, the Nevada Department of Environmental Protection (NDEP) submitted a SIP revision addressing the requirements of section 110(a)(2) of the CAA with respect to the 2010 SO2 NAAQS (‘‘2013 Nevada SIP revision’’). On November 3, 2015, the EPA partially approved and partially disapproved portions of the 2013 Nevada SIP revision for the 2010 SO2 NAAQS.2 However, in that rulemaking, the EPA did not take action on the section 110(a)(2)(D)(i)(I), interstate transport portion of the 2013 Nevada SIP revision.3 On March 31, 2020, the EPA proposed to approve the portion of Nevada’s infrastructure submittal for the 2010 SO2 NAAQS pertaining to section 110(a)(2)(D)(i)(I) of the CAA.4 In our proposed rulemaking, the EPA described Nevada’s analysis and provided supplemental information to support the conclusion of the 2013 Nevada SIP Revision that Nevada meets the CAA section 110(a)(2)(D)(i)(I) prohibition against significant contribution to nonattainment in another state and interference with maintenance in another state for the 2010 SO2 NAAQS. The NDEP considered monitoring data, emissions data, predominant wind direction in Nevada, as well as nonattainment and maintenance areas for the 1971 SO2 NAAQS and potential nonattainment areas for the 2010 SO2 NAAQS in contiguous and noncontiguous states, and the distance between Nevada and these areas.5 2 The EPA’s final rule (80 FR 67652) addressed most elements of three separate SIP submittals for the 2008 ozone NAAQS, the 2010 nitrogen dioxide (NO2) NAAQS, and the 2010 SO2 NAAQS. 3 In addition to section 110(a)(2)(D)(i)(I) provisions for SO2, the EPA did not act on the section 110(a)(2)(D)(i)(I) provisions of Nevada’s SIP submittal for the 2008 ozone NAAQS. The EPA approved the section 110(a)(2)(D)(i)(I) portion of Nevada’s submittal for the 2008 ozone NAAQS in a subsequent rulemaking on February 3, 2017 (82 FR 9164). 4 85 FR 17810. 5 Because the EPA had not designated nonattainment areas for the 2010 SO2 NAAQS prior FR 35520 (June 22, 2010). Frm 00075 Fmt 4700 Sfmt 4700 41395 Continued E:\FR\FM\10JYR1.SGM 10JYR1 41396 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations While the EPA relied on many of the same factors as the 2013 Nevada SIP revision, we collected more recent monitoring and emissions data. In addition, the EPA focused on a 50 kilometer (km) wide zone because the physical properties of SO2 result in relatively localized pollutant impacts near an emissions source. We identified no violating monitors near the Nevada border, and the only violating monitors in neighboring states are well outside the range within which we might expect them to be significantly impacted by interstate transport of SO2 from Nevada. Furthermore, we identified no SO2 sources within 50 km of the Nevada border that are likely to be contributing to a violation of the standard in another state, and we concluded that it is unlikely that sources farther from the border are leading to violations. Therefore, the EPA proposed that Nevada was not significantly contributing to nonattainment of the 2010 SO2 NAAQS in another state. The EPA’s evaluation of the State’s analysis of whether emissions sources within Nevada interfere with maintenance in other states also considered state-wide and individual facility emissions trends as well as SO2 emissions control rules from the three air quality agencies in Nevada: The NDEP, the Clark County Department of Air Quality (now part of the Clark County Department of Environment and Sustainability), and the Washoe County Air Quality Management Division. In proposing to conclude that the 2013 Nevada SIP revision demonstrates that SO2 emissions in the State will not interfere with maintenance of the 2010 SO2 NAAQS in any other state, we cited the downward trend in SO2 emissions in Nevada and neighboring states; the SIP-approved State and local measures within Nevada that limit existing and new facility emissions; and the low ambient concentrations of SO2 in Nevada and neighboring states. jbell on DSKJLSW7X2PROD with RULES II. Public Comments and EPA Responses The public comment period for the proposed rule opened on March 31, 2020, the date of its publication in the Federal Register, and closed on April 30, 2020. The EPA received no to submittal of the 2013 Nevada SIP revision, Nevada addressed potential nonattainment areas for the 2010 SO2 NAAQS. The EPA has subsequently completed designations for Nevada and most other contiguous and noncontiguous states in separate rulemaking actions (78 FR 47191, August 5, 2013; 81 FR 45039, July 12, 2016; 81 FR 89870, December 13, 2016; 83 FR 1098, January 18, 2018). The EPA designated the state of Nevada as Attainment/ Unclassifiable for the 2010 SO2 standard (83 FR 1098, January 9, 2018). VerDate Sep<11>2014 16:12 Jul 09, 2020 Jkt 250001 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 EPA is approving the 2013 Nevada SIP revision as meeting CAA section 110(a)(2)(D)(i)(I). The State has demonstrated that Nevada’s SIP has adequate provisions prohibiting any source or other type of emissions activity in the State from emitting any air pollutant in amounts that will contribute significantly to nonattainment or interfere with maintenance of the 2010 1-hour SO2 NAAQS in any other state. 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); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • 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); PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 • 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 September 8, 2020. 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).) E:\FR\FM\10JYR1.SGM 10JYR1 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations List of Subjects in 40 CFR Part 52 Air pollution control, Approval and promulgation of implementation plans, Environmental protection, Incorporation by reference, and Sulfur oxides. Authority: 42 U.S.C. 7401 et seq. Dated: June 17, 2020. John Busterud, Regional Administrator, Region IX. For the reasons stated in the preamble, EPA amends Chapter I, title 40 of the Code of Federal Regulations 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. Amend § 52.1472 by revising paragraph (j) to read as follows: ■ § 52.1472 Approval status. * * * * * (j) 2010 1-hour sulfur dioxide NAAQS: The SIPs submitted on June 3, 2013, are disapproved for CAA elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for the NDEP and Washoe County portions of the Nevada SIP. [FR Doc. 2020–13561 Filed 7–9–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2019–0688; FRL–10010– 35–Region 8] Approval and Promulgation of Air Quality State Implementation Plans; State of Utah; Revisions to the Utah Division of Administrative Rules; R307–101–3 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving revisions to the Utah Divison of Administrative Rules, specifically R307–101–3 submitted by the State of Utah on August 19, 2019, and R307–405–02 and R307–410–03 submitted by the State of Utah on December 16, 2019. The submittal for R307–101–3 requests a State Implementation Plan (SIP) revision to change the date incorporated by reference from the Code of Federal jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:12 Jul 09, 2020 Jkt 250001 Regulations (CFR) to July 1, 2016 to July 1, 2017. Amendments to R307–405–02 and R307–410–03 update the part of the CFR incorporated by reference in the rules to the July 1, 2018 version. This action is being taken under the Clean Air Act (CAA or Act). DATES: This rule is effective on August 10, 2020. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R08–OAR–2019–0688. 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., 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: Amrita Singh, Air and Radiation Division, EPA, Region 8, Mailcode 8ARD–QP, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–6103, singh.amrita@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, we mean the EPA. I. Background On March 13, 2020 (85 FR 14606), the EPA proposed approval of the Revisions to the Utah Divison of Administrative Rules, specifically, R307–101–3, R307– 405–02, and R307–410–03. The EPA received revisions to R307–101–3, General Requirements; Version of Code of Federal Regulations Incorporated by Reference from the State of Utah on August 19, 2019. These revisions allow R307 rules that reference section R307– 101–3 to update the incorporation date with only one rule amendment. The EPA received revisions to (1) R307–405–02. Permits: Major Sources in Attainment or Unclassified Areas (PSD) Applicability; and (2) R307–410–03 Permits. Emissions Impact Analysis on December 16, 2019. The revisions submitted for both R307–405–02 and R307–405–02 update the version of the CFR that is incorporated by reference throughout the Utah Air Quality rules. The rule change for R307–405–02 updates the version of 40 CFR 52.21 from the July 11, 2011 version to the July 1, 2018 version. Lastly, the amendment to rule R307–410–03 PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 41397 updates the version of 40 CFR part 51, appendix W, incorporated by reference from the July 1, 2005 version to the July 1, 2018 version. II. Response to Comments The comment period for our March 13, 2020 (85 FR 14606), proposed rule was open for 30 days. The EPA did not receive any comments. III. Final Action The EPA is approving the SIP revision to R307–101–3, General Requirements; Version of the Code of Federal Regulations Incorporated by Reference submitted on August 19, 2019. Additionally, EPA is also approving revisions to (1) R307–405–02 Permits: Major Sources in Attainment or Unclassified Areas (PSD) Applicability; and (2) R307–410–03 Permits. Emission Impact Analysis which were both submitted on December 16, 2019. IV. Incorporation by Reference In this document, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is incorporating by reference the Utah Air Quality rules promulgated in R307–101–3, R307–405– 02, and R307–410–03 as discussed in section III. of the preamble. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 8 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in the State implementation plan, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA’s approval, and will be incorporated by reference in the next update to the SIP compilation.1 V. Statutory and Executive Orders Review Under the CAA, 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 CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond 1 62 E:\FR\FM\10JYR1.SGM FR 27968 (May 22, 1997). 10JYR1

Agencies

[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Rules and Regulations]
[Pages 41395-41397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13561]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0812; FRL-10011-07-Region 9]


Air Quality State Implementation Plan Approval; Nevada; 
Infrastructure Requirements for the 2010 Sulfur Dioxide National 
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
remaining portion of a state implementation plan (SIP) revision 
submitted by the State of Nevada. This revision addresses the 
interstate transport requirements of the Clean Air Act (CAA) with 
respect to the 2010 1-hour sulfur dioxide (SO2) primary 
national ambient air quality standard (NAAQS). In this action, the EPA 
has determined that Nevada will not contribute significantly to 
nonattainment or interfere with maintenance of the 2010 1-hour 
SO2 NAAQS in any other state.

DATES: This rule will be effective on August 10, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2014-0812. 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: Tom Kelly, Air Planning Office (AIR-
2), EPA Region IX, (415) 947-4151, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Summary of the Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews

I. Summary of the Proposed Action

    On June 22, 2010, the EPA promulgated a revised primary NAAQS for 
SO2 at a level of 75 parts per billion (ppb), based on a 3-
year average of the annual 99th percentile of 1-hour daily maximum 
concentrations.\1\ Pursuant to section 110(a)(1) of the CAA, states are 
required to submit SIPs meeting the applicable requirements of section 
110(a)(2) within three years after promulgation of a new or revised 
NAAQS or a shorter period as the EPA may prescribe. These SIPs, which 
the EPA has historically referred to as ``infrastructure SIPs,'' are to 
provide for the ``implementation, maintenance, and enforcement'' of 
such NAAQS, and the requirements are designed to ensure that the 
structural components of each state's air quality management program 
are adequate to meet the state's responsibility under the CAA. Section 
110(a) of the CAA imposes the obligation upon states to make a SIP 
submission to the EPA for a new or revised NAAQS, but the contents of 
individual state submissions may vary depending upon the facts and 
circumstances. The content of the revisions proposed in SIP submissions 
may also vary depending upon what provisions are already contained in 
the state's approved SIP. Section 110(a)(2) requires states to address 
basic SIP elements such as requirements for monitoring, basic program 
requirements, and legal authority that are designed to assure 
attainment and maintenance of the NAAQS.
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    \1\ 75 FR 35520 (June 22, 2010).
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    Section 110(a)(2)(D)(i)(I) of the CAA requires SIPs to include 
provisions prohibiting any source or other type of emissions activity 
in one state from emitting any air pollutant in amounts that will 
contribute significantly to nonattainment, or interfere with 
maintenance, of the NAAQS in another state. The two clauses of this 
section are referred to as prong 1 (significant contribution to 
nonattainment) and prong 2 (interference with maintenance of the 
NAAQS).
    On June 3, 2013, the Nevada Department of Environmental Protection 
(NDEP) submitted a SIP revision addressing the requirements of section 
110(a)(2) of the CAA with respect to the 2010 SO2 NAAQS 
(``2013 Nevada SIP revision''). On November 3, 2015, the EPA partially 
approved and partially disapproved portions of the 2013 Nevada SIP 
revision for the 2010 SO2 NAAQS.\2\ However, in that 
rulemaking, the EPA did not take action on the section 
110(a)(2)(D)(i)(I), interstate transport portion of the 2013 Nevada SIP 
revision.\3\ On March 31, 2020, the EPA proposed to approve the portion 
of Nevada's infrastructure submittal for the 2010 SO2 NAAQS 
pertaining to section 110(a)(2)(D)(i)(I) of the CAA.\4\
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    \2\ The EPA's final rule (80 FR 67652) addressed most elements 
of three separate SIP submittals for the 2008 ozone NAAQS, the 2010 
nitrogen dioxide (NO2) NAAQS, and the 2010 SO2 
NAAQS.
    \3\ In addition to section 110(a)(2)(D)(i)(I) provisions for 
SO2, the EPA did not act on the section 
110(a)(2)(D)(i)(I) provisions of Nevada's SIP submittal for the 2008 
ozone NAAQS. The EPA approved the section 110(a)(2)(D)(i)(I) portion 
of Nevada's submittal for the 2008 ozone NAAQS in a subsequent 
rulemaking on February 3, 2017 (82 FR 9164).
    \4\ 85 FR 17810.
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    In our proposed rulemaking, the EPA described Nevada's analysis and 
provided supplemental information to support the conclusion of the 2013 
Nevada SIP Revision that Nevada meets the CAA section 
110(a)(2)(D)(i)(I) prohibition against significant contribution to 
nonattainment in another state and interference with maintenance in 
another state for the 2010 SO2 NAAQS. The NDEP considered 
monitoring data, emissions data, predominant wind direction in Nevada, 
as well as nonattainment and maintenance areas for the 1971 
SO2 NAAQS and potential nonattainment areas for the 2010 
SO2 NAAQS in contiguous and noncontiguous states, and the 
distance between Nevada and these areas.\5\
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    \5\ Because the EPA had not designated nonattainment areas for 
the 2010 SO2 NAAQS prior to submittal of the 2013 Nevada 
SIP revision, Nevada addressed potential nonattainment areas for the 
2010 SO2 NAAQS. The EPA has subsequently completed 
designations for Nevada and most other contiguous and noncontiguous 
states in separate rulemaking actions (78 FR 47191, August 5, 2013; 
81 FR 45039, July 12, 2016; 81 FR 89870, December 13, 2016; 83 FR 
1098, January 18, 2018). The EPA designated the state of Nevada as 
Attainment/Unclassifiable for the 2010 SO2 standard (83 
FR 1098, January 9, 2018).

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[[Page 41396]]

    While the EPA relied on many of the same factors as the 2013 Nevada 
SIP revision, we collected more recent monitoring and emissions data. 
In addition, the EPA focused on a 50 kilometer (km) wide zone because 
the physical properties of SO2 result in relatively 
localized pollutant impacts near an emissions source. We identified no 
violating monitors near the Nevada border, and the only violating 
monitors in neighboring states are well outside the range within which 
we might expect them to be significantly impacted by interstate 
transport of SO2 from Nevada. Furthermore, we identified no 
SO2 sources within 50 km of the Nevada border that are 
likely to be contributing to a violation of the standard in another 
state, and we concluded that it is unlikely that sources farther from 
the border are leading to violations. Therefore, the EPA proposed that 
Nevada was not significantly contributing to nonattainment of the 2010 
SO2 NAAQS in another state.
    The EPA's evaluation of the State's analysis of whether emissions 
sources within Nevada interfere with maintenance in other states also 
considered state-wide and individual facility emissions trends as well 
as SO2 emissions control rules from the three air quality 
agencies in Nevada: The NDEP, the Clark County Department of Air 
Quality (now part of the Clark County Department of Environment and 
Sustainability), and the Washoe County Air Quality Management Division. 
In proposing to conclude that the 2013 Nevada SIP revision demonstrates 
that SO2 emissions in the State will not interfere with 
maintenance of the 2010 SO2 NAAQS in any other state, we 
cited the downward trend in SO2 emissions in Nevada and 
neighboring states; the SIP-approved State and local measures within 
Nevada that limit existing and new facility emissions; and the low 
ambient concentrations of SO2 in Nevada and neighboring 
states.

II. Public Comments and EPA Responses

    The public comment period for the proposed rule opened on March 31, 
2020, the date of its publication in the Federal Register, and closed 
on April 30, 2020. 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 EPA is approving the 2013 
Nevada SIP revision as meeting CAA section 110(a)(2)(D)(i)(I). The 
State has demonstrated that Nevada's SIP has adequate provisions 
prohibiting any source or other type of emissions activity in the State 
from emitting any air pollutant in amounts that will contribute 
significantly to nonattainment or interfere with maintenance of the 
2010 1-hour SO2 NAAQS in any other state.

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 September 8, 2020. 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).)

[[Page 41397]]

List of Subjects in 40 CFR Part 52

    Air pollution control, Approval and promulgation of implementation 
plans, Environmental protection, Incorporation by reference, and Sulfur 
oxides.

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

    Dated: June 17, 2020.
John Busterud,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, EPA amends Chapter I, title 
40 of the Code of Federal Regulations 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. Amend Sec.  52.1472 by revising paragraph (j) to read as follows:


Sec.  52.1472  Approval status.

* * * * *
    (j) 2010 1-hour sulfur dioxide NAAQS: The SIPs submitted on June 3, 
2013, are disapproved for CAA elements 110(a)(2)(C), (D)(i)(II), 
(D)(ii), and (J) for the NDEP and Washoe County portions of the Nevada 
SIP.

[FR Doc. 2020-13561 Filed 7-9-20; 8:45 am]
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