[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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