[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 
kelly.thomasp@epa.gov.

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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