Rescission of the Source-Specific Federal Implementation Plan for Navajo Generating Station, Navajo Nation, 14392-14396 [2021-04352]

Download as PDF 14392 Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules Designated representative means the Coast Guard commissioned, warrant, or petty officer operating the on scene Coast Guard vessel designated by or assisting the Captain of the Port Maryland-National Capital Region (COTP) in the enforcement of the security zone. (c) Regulations. (1) Under the general security zone regulations in subpart D of this part, you may not enter the security zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter the security zone described in paragraph (a) of this section, contact the COTP or the COTP’s representative by telephone at 410–576–2693 or on Marine Band Radio VHF–FM channel 16 (156.8 MHz). The Coast Guard vessel enforcing this section can be contacted on Marine Band Radio VHF–FM channel 16 (156.8 MHz). Those in the security zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (3) A person or vessel operating in the security zone described in paragraph (a)(1) of this section must not enter waters within 1,000 yards of the on scene Coast Guard vessel or test equipment being used by Coast Guard personnel. (d) Enforcement periods. This section will be enforced 9 a.m. to 10 p.m. on April 25, 2021, and those same hours on April 26, 2021, April 27, 2021, April 28, 2021, April 29, 2021, April 30, 2021, May 1, 2021, May 2, 2021, May 3, 2021, May 4, 2021, May 5, 2021, May 6, 2021, May 7, 2021 and May 8, 2021. Dated: March 9, 2021. Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2021–05391 Filed 3–15–21; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 49 and 52 jbell on DSKJLSW7X2PROD with PROPOSALS [EPA–R09–OAR–2021–0018; FRL–10020– 02–Region 9] Rescission of the Source-Specific Federal Implementation Plan for Navajo Generating Station, Navajo Nation Table of Contents Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to rescind SUMMARY: VerDate Sep<11>2014 16:16 Mar 15, 2021 Jkt 253001 the federal implementation plan (FIP) that regulates emissions from the Navajo Generating Station (NGS), a coal-fired power plant that was located on the reservation lands of the Navajo Nation near Page, Arizona. NGS permanently ceased operations on November 18, 2019, and the Clean Air Act (CAA or ‘‘Act’’) operating permit for this facility has expired. DATES: Any comments on this proposal must arrive by April 15, 2021. ADDRESSES: Submit your comments, identified by Docket ID number EPA– R09–OAR–2021–0018, at https:// www.regulations.gov. For comments submitted at 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, or if you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For 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: Anita Lee, EPA Region IX, (415) 972– 3958, lee.anita@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. I. Background A. Action B. Facility C. Attainment Status D. The EPA’s Authority To Promulgate a FIP in Indian Country E. Historical Overview of NGS FIP Actions II. Basis for Proposed Action III. Solicitation of Comments IV. Statutory and Executive Order Reviews PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 I. Background A. Action In this action, the EPA is proposing to rescind the FIP for NGS that we promulgated on October 3, 1991 (‘‘1991 FIP’’), March 5, 2010 (‘‘2010 FIP’’), and August 8, 2014 (‘‘2014 FIP’’).1 The provisions of the 1991 action are codified in the Code of Federal Regulations (CFR) at 40 CFR 52.145(d), the provisions of the 2010 action are codified at 40 CFR 49.5513(a) through (i), and provisions of the 2014 action are codified at 40 CFR 49.5513(j). We refer collectively to the provisions from the 1991, 2010, and 2014 actions as the ‘‘FIP’’ or the ‘‘NGS FIP.’’ The NGS FIP includes federally enforceable emissions limitations that apply to the fossil fuelfired steam generating equipment, designated as Units 1, 2, and 3, equipment associated with the coal and ash handling, and the two auxiliary steam boilers at NGS. These emissions limitations apply to emissions of particulate matter (PM), sulfur dioxide (SO2), and oxides of nitrogen (NOX), and opacity. The EPA is proposing to rescind the NGS FIP and remove the provisions of the FIP from 40 CFR 52.145(d) and 40 CFR 49.5513. B. Facility NGS was a coal-fired power plant that ceased operation in 2019, located on the reservation lands of the Navajo Nation, just east of Page, Arizona, and approximately 135 miles north of Flagstaff. NGS was co-owned by several entities and operated by Salt River Project Agricultural Improvement and Power District (‘‘SRP’’).2 The facility operated three units, each with a capacity of 750 megawatts (MW) net generation, with a total capacity of 2250 MW. Operations at the facility produced air pollutant emissions, including emissions of SO2, NOX, and PM. Existing pollution control equipment at NGS included wet flue gas desulfurization units for SO2 and PM removal, electrostatic precipitators for PM removal, and low-NOX burners with separated over-fire air to reduce NOX formation during the combustion process. Had the facility not ceased operations, the owner or operator of NGS would have taken steps by December 31, 2019 to reduce emissions 1 56 FR 50172 (October 3, 1991), 75 FR 10174 (March 5, 2010), and 79 FR 46552 (August 8, 2014). 2 The original participants in NGS were the United States Bureau of Reclamation, SRP, Arizona Public Service Company, Tucson Electric Company, NV Energy, and the Los Angeles Department of Water and Power (LADWP). SRP, serves as the facility operator. Prior to the permanent closure of NGS, SRP acquired the LADWP participant share in NGS. E:\FR\FM\16MRP1.SGM 16MRP1 Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules of NOX further, pursuant to the requirements of the 2014 FIP. C. Attainment Status The area around NGS is designated attainment, unclassifiable/attainment, or unclassifiable for all criteria pollutants under the Act.3 D. The EPA’s Authority To Promulgate a FIP in Indian Country When the CAA was amended in 1990, Congress included a new provision, section 301(d), granting the EPA authority to treat tribes in the same manner as states where appropriate.4 In 1998, the EPA promulgated regulations known as the Tribal Authority Rule (TAR).5 The EPA’s promulgation of the TAR clarified, among other things, that state air quality regulations generally do not, under the CAA, apply to facilities located anywhere within the exterior boundaries of Indian reservations.6 Prior to the addition of section 301(d) and the promulgation of the TAR, some states had included emission limitations in their state implementation plans (SIPs) that they may have believed could apply under the CAA to private facilities operating on adjacent Indian reservations. In the preambles to the proposed and final 1998 TAR, the EPA generally discussed the legal basis in the CAA that authorizes the EPA to regulate sources of air pollution in Indian country.7 The EPA concluded that the CAA authorizes the EPA to protect air quality throughout Indian country.8 The TAR, therefore, provides that the EPA ‘‘[s]hall promulgate without unreasonable delay such federal implementation plan provisions as are necessary or appropriate to protect air quality, consistent with the provisions of sections [301](a) and 301(d)(4), if a tribe does not submit a tribal implementation plan meeting the 3 40 CFR 81.303. U.S.C. 7601(d). 5 40 CFR parts 9, 35, 49, 50, and 81. See also 63 FR 7254 (February 12, 1998). 6 63 FR 7254 at 7258 (noting that unless a state has explicitly demonstrated its authority and has been expressly approved by the EPA to implement CAA programs in Indian country, the EPA is the appropriate entity to implement CAA programs prior to tribal primacy), Arizona Public Service Company v. EPA., 211 F.3d 1280 (D.C. Cir. 2000), cert. denied sub nom, Michigan v. EPA., 532 U.S. 970 (2001) (upholding the TAR); see also Alaska v. Native Village of Venetie Tribal Government, 533 U.S. 520, 526 n.1 (1998) (primary jurisdiction over Indian country generally lies with federal government and tribes, not with states). 7 59 FR 43956 (August 25, 1994); 63 FR 7253 (February 12, 1998). 8 63 FR 7253 at 7262 (February 12, 1998); 59 FR 43956 at 43960–43961 (August 25, 1994) (citing, among other things, to CAA sections 101(b)(1), 301(a), and 301(d)). jbell on DSKJLSW7X2PROD with PROPOSALS 4 40 VerDate Sep<11>2014 16:16 Mar 15, 2021 Jkt 253001 completeness criteria of 40 CFR part 51, Appendix V, or does not receive EPA approval of a submitted tribal implementation plan.’’ 9 E. Historical Overview of NGS FIP Actions On December 2, 1980, EPA issued regulations addressing visibility impairment that is traceable or ‘‘reasonably attributable’’ to a single source or small group of sources.10 These regulations required a number of states to submit SIPs no later than September 2, 1981. Most states, including Arizona, failed to submit SIPs as called for by the regulations. Accordingly, in 1987, the EPA issued visibility FIPs consisting of general plan requirements and long-term strategies for 29 states including Arizona.11 In 1989, based on a report submitted by the National Park Service, the EPA proposed to find that a portion of the visibility impairment in Grand Canyon National Park was reasonably attributable to NGS.12 Under the 1991 FIP, NGS was required to phase-in compliance with the SO2 emissions limit by installing scrubbers in 1997, 1998, and 1999.13 In establishing the SO2 emissions limit for NGS in the final 1991 FIP, the EPA determined that the FIP would provide for greater reasonable progress toward the national visibility goal than implementation of best available retrofit technology (BART).14 On September 8, 1999, the EPA proposed a source-specific FIP for NGS.15 The 1999 proposed FIP stated: ‘‘Although the facility has been historically regulated by Arizona since its construction, the state lacks jurisdiction over the facility or its owners or operations for CAA compliance or enforcement purposes.’’ The EPA intended for the proposed action in 1999 to ‘‘federalize’’ the 9 63 FR 7273, codified at 40 CFR 49.11(a). In the preamble to the final TAR, the EPA explained that it was inappropriate to treat tribes in the same manner as states with respect to section 110(c) of the Act, which directs the EPA to promulgate a FIP within 2 years after the EPA finds a state has failed to submit a complete state plan or within 2 years after the EPA disapproval of a state plan. Although the EPA is not required to promulgate a FIP within the 2-year period for tribes, the EPA promulgated 40 CFR 49.11(a) to clarify that the EPA will continue to be subject to the basic requirement to issue any necessary or appropriate FIP provisions for affected tribal areas within some reasonable time. See 63 FR 7264–65. 10 45 FR 80084 (December 2, 1980), codified at 40 CFR 51.300–51.307. 11 52 FR 45132 (November 24, 1987). 12 56 FR 50172 (October 3, 1991), codified at 40 CFR 52.145. 13 40 CFR 52.145(d)(7). 14 56 FR 50172 (October 3, 1991). 15 64 FR 48725 (September 8, 1999). PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 14393 emission limitations that Arizona had erroneously included in its SIP.16 The EPA received comments on the proposed FIP but did not finalize the proposal. The EPA published a new proposed rule to promulgate federally enforceable numerical emissions limitations for PM and SO2 in 2006 and took action to finalize it in 2010.17 The 2010 FIP also established an opacity limit and a requirement for specific control measures to limit dust emissions. In the 2010 FIP, the EPA determined that the emissions limitations for PM and SO2 were more stringent than, or at least as stringent as, the emissions limitations that had historically applied at NGS pursuant to an operating permit issued by Arizona. Therefore, the EPA concluded that air quality in this area would be positively impacted by the 2010 FIP.18 On August 8, 2014, the EPA promulgated a final rule that established emissions limitations for NOX emissions from NGS under BART provisions of the Regional Haze Rule.19 We finalized an alternative to BART based on agreedupon recommendations developed by a group of diverse stakeholders. The 2014 FIP limited emissions of NOX from NGS by establishing a long-term facility-wide cap on total NOX emissions from 2009 to 2044 and required the implementation of one of several alternative operating scenarios to ensure that the 2009 to 2044 cap was met. II. Basis for Proposed Action In 2017, due to the changing economics of the energy industry, the owners of NGS voted to permanently close the facility at the end of 2019.20 On November 27, 2019, consistent with the reporting requirements in the alternative to BART provisions of the NGS FIP, SRP notified the EPA that it would not implement any of the BART alternatives in the FIP due to the permanent cessation of operations at NGS.21 In that letter, SRP noted that Unit 3 permanently ceased operations on September 19, 2019, and that Units 1 and 2 permanently ceased operations on November 18, 2019. This closure 16 64 FR 48725, 48727. FR 10179 (March 5, 2010) codified at 40 CFR 49.24(a) through (i) and redesignated to 40 CFR 49.5513(a) through (i). See 76 FR 23879 (April 29, 2011). 18 75 FR 10174 (March 5, 2010). 19 79 FR 46514 (August 8, 2014). 20 https://www.powermag.com/utility-ownersvote-to-shut-down-coal-fired-2-2-gw-navajogenerating-station/. 21 Letter dated November 27, 2019, from Kenneth Joe Frazier, SRP, to Elizabeth Adams, EPA, regarding ‘‘Navajo Generating Station—Notification of BART Alternative.’’ 17 75 E:\FR\FM\16MRP1.SGM 16MRP1 14394 Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS timeframe was consistent with the terms of the NGS Extension Lease agreement between the Navajo Nation and the owners of NGS prohibiting the combustion of coal at NGS after December 22, 2019. After November 18, 2019, the owners and operator of NGS began decommissioning the facility. On November 30, 2020, SRP withdrew its CAA title V operating permit renewal application that it had submitted to the Navajo Nation Environmental Protection Agency (Navajo Nation EPA), and requested that the EPA rescind the NGS FIP.22 On December 18, 2020, the Navajo Nation EPA notified SRP that effective December 1, 2020, expiration of the title V permit terminated the ability of NGS to be operated.23 In that letter, the Navajo Nation EPA noted that NGS had been operating under Permit No. NN– ROP–05–06, a title V permit issued on July 7, 2008. The permit was set to expire on July 7, 2013; however, because SRP submitted a timely and complete permit renewal application on March 4, 2013, NGS was able to continue to operate under the existing title V operating permit while awaiting action by the Navajo Nation EPA on the renewal permit application.24 As a complete renewal application is no longer submitted and pending action by the Navajo Nation EPA, withdrawal of the renewal permit application caused Permit No. NN–ROP–05–06 to expire.25 Expiration of the operating permit terminated the facility’s right to operate. In its rescission request, SRP stated that since ceasing operations all equipment permitted to operate under the title V permit, which includes all equipment subject to the NGS FIP, are non-operational and in the process of being removed. In addition, electrical and mechanical equipment had been removed, preventing the combustion of fuel and equipment operation and eliminating sources of air pollutant emissions from the permitted equipment. The Kayenta Mine, which supplied coal to NGS, has permanently 22 Letters dated November 30, 2020 from Joe Frazier, SRP, to Oliver Whaley, Navajo Nation EPA, regarding ‘‘Request to Withdraw the Pending Renewal Application for the Navajo Generating Station Title V Permit to Operate—Permit No. NN– ROP 05–06,’’ and dated November 30, 2020 from Joe Frazier, SRP to John Busterud, EPA Region IX, regarding ‘‘Request to Rescind Navajo Generating Station Federal Implementation Plan at 40 CFR 52.145(d) and 49.5513.’’ 23 Letter dated December 18, 2020, from Ronnie Ben, Delegated Executive Director, Navajo Nation EPA, to Joe Frazier, Director General Engineering, SRP, Subject: ‘‘Expiration of Title V Permit to Operate for Navajo Generating Station—Permit No. NN–ROP–05–06.’’ 24 40 CFR 71.7(c)(3). 25 Condition IX.R of Permit No. NN–ROP–05–06. VerDate Sep<11>2014 16:16 Mar 15, 2021 Jkt 253001 closed, and the dedicated rail line linking the mine to NGS has been dismantled. In addition, the three 775foot stacks at NGS have been demolished.26 Because NGS has permanently ceased operation and all equipment subject to the NGS FIP is no longer operational, and because the facility no longer holds a valid CAA title V permit to operate, the EPA is proposing to rescind the FIP for NGS at 40 CFR 52.145(d) and 40 CFR 49.5513. The provisions of the 1991 FIP at 40 CFR 52.145(d) applied to the fossil fuelfired steam-generating units designated as Units 1, 2, and 3, and NGS and addressed emissions limitations for SO2, specifications for how compliance with the emissions limitations would be determined, requirements for continuous emissions monitoring, and reporting requirements.27 Because the SO2 emissions limitations in the 1991 FIP were achievable with the installation and operation of new flue gas desulfurization units, the 1991 FIP also specified compliance dates, schedules of compliance and associated reporting requirements.28 Finally, the 1991 FIP also included various provisions related to equipment operation and maintenance.29 Under 110(l) of the CAA, the EPA shall not approve a revision of an implementation plan if the revision would interfere with any applicable requirements concerning attainment, reasonable further progress, or any other applicable requirement of the CAA. Although this provision does not apply directly to the EPA’s revision or rescission of a FIP, we have nonetheless considered whether rescission of the NGS FIP would interfere with any CAA requirements. The 1991 FIP established emissions limitations for SO2 emitted from the fossil fuel-fired steam-generating units at NGS, as well as associated compliance, monitoring, and reporting requirements for the flue gas desulfurization units. Because NGS has permanently ceased operation, these provisions are no longer necessary to satisfy any CAA requirements related to regional haze and visibility protection. In addition, because the area surrounding NGS is designated attainment, unclassifiable/attainment, or unclassifiable for all NAAQS, the provisions of the 1991 FIP are not 26 See, e.g., https://www.powermag.com/ explosions-topple-smokestacks-of-iconic-navajogenerating-station/, accessed on December 23, 2020. 27 40 CFR 52.145 (d)(1) through (5). 28 40 CFR 52.145(d)(6) through (8). 29 40 CFR 52.145(d)(9) though (13). PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 needed to satisfy requirements concerning attainment or reasonable further progress. Therefore, we propose to find that rescission of the 1991 FIP will not interfere with any applicable CAA requirements. The provisions of the 2010 FIP at 40 CFR 49.5513(a) through (i) apply to Units 1, 2, and 3, equipment associated with coal and ash handling, and the two auxiliary steam boilers at NGS, and established emissions limitations and associated continuous monitoring, testing and reporting requirements for SO2, PM, dust, and opacity.30 The 2010 FIP also includes provisions related to compliance certifications, equipment operations, and enforcement.31 Although the testing and monitoring requirements at 40 CFR 49.5513(e) generally relate to continuous emissions monitoring and periodic source testing for SO2, NOX, and PM emissions from the facility, one provision required SRP to install, maintain and operate nonregulatory ambient monitors at the Glen Canyon Dam for PM, nitrogen dioxide (NO2), SO2, and ozone.32 The 2010 FIP did not elucidate the rationale for ambient monitoring but generally stated that ‘‘[t]his final action will help to advance the goals of ensuring continued maintenance of the national ambient air quality standards and protecting visibility.’’ 33 Because NGS has permanently ceased operation, the air pollutants regulated under the 2010 FIP are no longer emitted from the facility, and the facility no longer operates the coal handling and storage equipment or the fly ash handling and storage equipment. Therefore, the provisions of the 2010 FIP that regulate emissions of air pollutants from NGS are no longer necessary to satisfy any CAA requirements related to regional haze and visibility protection. In addition, the area surrounding NGS is designated attainment, unclassifiable/attainment, or unclassifiable for all NAAQS, therefore, the provisions of the 2010 FIP are not needed to satisfy requirements concerning attainment or reasonable further progress. The ambient monitors at the Glen Canyon Dam are operated by SRP and are not relied upon by any state, local or tribal agency to satisfy the minimum monitoring requirements in 40 CFR part 58. Furthermore, data from the monitors are not reported to the EPA’s Air Quality System. For these reasons, we propose to determine that the 2010 FIP, including the provisions 30 40 CFR 49.5513(a) through (f). CFR 49.5513(g) through (i). 32 40 CFR 49.5513(e)(6). 33 43 FR 10174, 10175 (March 5, 2010). 31 40 E:\FR\FM\16MRP1.SGM 16MRP1 Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules requiring operation of ambient monitors operated at the Glen Canyon Dam, is not needed to satisfy requirements related to attainment, reasonable further progress, visibility protection, or any other CAA requirements. The provision of the 2014 FIP at 40 CFR 49.5513(j) were promulgated to satisfy the BART requirements of the CAA and the Regional Haze Rule and established emissions limitations for NOX from NGS and associated requirements, including implementation schedules, reporting, monitoring, compliance determinations, recordkeeping, equipment operations, and enforcement.34 Because NGS has permanently ceased operation, the emissions of NOX regulated under the 2014 FIP have also permanently ceased. Therefore, the provisions of the 2014 FIP, which were intended to satisfy CAA requirements for visibility protection, are no longer necessary. In addition, the area surrounding NGS is designated attainment, unclassifiable/ attainment, or unclassifiable for all NAAQS. Therefore, we propose to find that the provisions of the 2014 FIP are not needed to satisfy requirements concerning attainment or reasonable further progress or any other applicable CAA requirements. III. Solicitation of Comments As described above, the EPA is proposing the rescind the NGS FIP from 40 CFR 52.145(d) and 40 CFR 49.5513. The EPA solicits comments on this proposed FIP rescission and will accept comments until April 15, 2021. IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. jbell on DSKJLSW7X2PROD with PROPOSALS 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 for review. This proposed rule applies to only one facility and is therefore not a rulemaking of general applicability. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not contain any information collection activities. 34 40 CFR 49.5513(j)(1) through (11). VerDate Sep<11>2014 16:16 Mar 15, 2021 Jkt 253001 C. 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. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate 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. E. 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. F. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175. The Navajo Generating Station is located on the reservation lands of the Navajo Nation, and the EPA recognizes there is significant community and tribal interest in this facility. The facility has already permanently ceased operations and this action simply proposes to rescind previously promulgated requirements applicable to this shuttered facility. In addition, the Navajo Nation EPA has already determined that NGS no longer has the right to operate. This proposed action to rescind the NGS FIP 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. However, on January 7, 2021, we invited the Navajo Nation to consult on this proposed action.35 The Navajo Nation did not request consultation on this proposed FIP rescission. 35 Letter dated January 7, 2021 from Elizabeth J. Adams, EPA Region IX, to Jonathan Nez, President of the Navajo Nation, Re: Invitation to Consult on a Request from the Salt River Project to Rescind the Federal Implementation Plan for the Navajo Generating Station. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 14395 G. 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 environmental 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 does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions 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. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. The facility has already permanently ceased operations and this action simply proposes to rescind previously promulgated requirements applicable to this shuttered facility. Therefore, the EPA considers this proposed action to rescind the NGS FIP to have no impacts to human health and the environment, and to have no potential disproportionately high and adverse effects on minority, low-income, or indigenous populations. List of Subjects 40 CFR Part 49 Administrative practice and procedure, Air pollution control, Environmental protection, Incorporation by reference, Indians, Intergovernmental relations, Reporting and recordkeeping requirements. 40 CFR Part 52 Air pollution control, Environmental protection, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements, Visibility. E:\FR\FM\16MRP1.SGM 16MRP1 14396 Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules Dated: February 22, 2021. Deborah Jordan, Acting Regional Administrator, Region IX. For the reasons stated in the preamble, the Environmental Protection Agency proposes to amend chapter I, title 40, of the Code of Federal Regulations as follows: PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT 1. The authority citation for part 49 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. Subpart L—Implementation plans for tribes—Region IX § 49.5513 ■ [Removed and Reserved] 2. Remove and reserve § 49.5513. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 3. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. Subpart D—Arizona § 52.145 [Amended] 4. Amend § 52.145 by removing and reserving paragraph (d). ■ [FR Doc. 2021–04352 Filed 3–15–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2020–0713; FRL–10020– 73–Region 6] Air Plan Approval; Texas; Revisions to the Texas Diesel Emissions Reduction Incentive Program Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a revision to the Texas State Implementation Plan (SIP) that pertains to the Texas Diesel Emissions Reduction Incentive Program, submitted on August 13, 2020. DATES: Written comments must be received on or before April 15, 2021. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2020–0713, at https:// www.regulations.gov or via email to jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:16 Mar 15, 2021 Jkt 253001 young.carl@epa.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, please contact Carl Young, 214–665–6645, young.carl@epa.gov. For 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-epadockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov. While all documents in the docket are listed in the index, some information may not be publicly available due to docket file size restrictions or content (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Carl Young, EPA Region 6 Office, Infrastructure and Ozone Section, 214– 665–6645, young.carl@epa.gov. Out of an abundance of caution for members of the public and our staff, the EPA Region 6 office will be closed to the public to reduce the risk of transmitting COVID– 19. We encourage the public to submit comments via https:// www.regulations.gov, as there will be a delay in processing mail and no courier or hand deliveries will be accepted. Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. I. Background Section 110 of the CAA requires states to develop and submit to the EPA a SIP to ensure that state air quality meets National Ambient Air Quality Standards (NAAQS). These ambient standards currently address six criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 sulfur dioxide. Each federally-approved SIP protects air quality primarily by addressing air pollution at its point of origin through air pollution regulations and control strategies. The EPA approved SIP regulations and control strategies are federally enforceable. An Economic Incentive Program (EIP) is a program that uses market-based strategies to reduce emissions of air pollutants.1 The Texas Diesel Emissions Reduction Incentive Program (DERIP) for On-Road and Non-Road Vehicles is part of the Texas Emissions Reduction Program (TERP) that was established by the Texas Legislature in 2001 and approved in the Texas SIP as an economic incentive program (70 FR 48647, August 19, 2005). DERIP provides grants to eligible individuals, businesses, or local governments to reduce emissions from diesel-powered vehicles and equipment in areas designated as nonattainment for a NAAQS or other counties identified by the Texas Legislature.2 In 2019 the Texas Legislature revised the eligibility requirements for DERIP. As a result, the Texas Commission on Environmental Quality (TCEQ) revised the DERIP regulations found in Title 30, Chapter 114 (Control of Air Pollution from Motor Vehicles) of the Texas Administrative Code (30 TAC 114). The revisions were adopted on June 10, 2020 and submitted to the EPA as a SIP revision on August 13, 2020. Specifically, the TCEQ revisions: (1) Changed the minimum required usage for grant-funded vehicles and equipment in the eligible area from 75% to 55% (30 TAC 114.622), and (2) removed Victoria County from the list of counties eligible for DERIP grants (30 TAC 114.629). A copy of the SIP revision submitted to EPA is available in the electronic docket for this action. II. The EPA’s Evaluation We approved DERIP regulations into the Texas SIP in 2005 (70 FR 48647, August 19, 2005). More recently, we approved updates to DERIP regulations in 2018 (83 FR 50018, October 4, 2018). This SIP revision further updates DERIP regulations. The effect of this update is to: (1) Allow more diesel vehicles and equipment in nonattainment areas or 1 For more information on EIPs see ‘‘Improving Air Quality with Economic Incentive Programs’’, EPA–452/R–01–001, January 2001, available at https://www.epa.gov/sites/production/files/201507/documents/eipfin.pdf. 2 For more information on TERP and DERIP please see ‘‘Texas Emissions Reduction Plan Biennial Report (2019–2020), Report to the 87th Texas Legislature, December 2020, SFR–079/20’’. The document is available at: https:// www.tceq.texas.gov/assets/public/comm_exec/ pubs/sfr/079-20.pdf. E:\FR\FM\16MRP1.SGM 16MRP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 86, Number 49 (Tuesday, March 16, 2021)]
[Proposed Rules]
[Pages 14392-14396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04352]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 49 and 52

[EPA-R09-OAR-2021-0018; FRL-10020-02-Region 9]


Rescission of the Source-Specific Federal Implementation Plan for 
Navajo Generating Station, Navajo Nation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
rescind the federal implementation plan (FIP) that regulates emissions 
from the Navajo Generating Station (NGS), a coal-fired power plant that 
was located on the reservation lands of the Navajo Nation near Page, 
Arizona. NGS permanently ceased operations on November 18, 2019, and 
the Clean Air Act (CAA or ``Act'') operating permit for this facility 
has expired.

DATES: Any comments on this proposal must arrive by April 15, 2021.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R09-OAR-2021-0018, at https://www.regulations.gov. For comments 
submitted at 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, or if you need assistance 
in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section. For 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: Anita Lee, EPA Region IX, (415) 972-
3958, [email protected].

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

Table of Contents

I. Background
    A. Action
    B. Facility
    C. Attainment Status
    D. The EPA's Authority To Promulgate a FIP in Indian Country
    E. Historical Overview of NGS FIP Actions
II. Basis for Proposed Action
III. Solicitation of Comments
IV. Statutory and Executive Order Reviews

I. Background

A. Action

    In this action, the EPA is proposing to rescind the FIP for NGS 
that we promulgated on October 3, 1991 (``1991 FIP''), March 5, 2010 
(``2010 FIP''), and August 8, 2014 (``2014 FIP'').\1\ The provisions of 
the 1991 action are codified in the Code of Federal Regulations (CFR) 
at 40 CFR 52.145(d), the provisions of the 2010 action are codified at 
40 CFR 49.5513(a) through (i), and provisions of the 2014 action are 
codified at 40 CFR 49.5513(j). We refer collectively to the provisions 
from the 1991, 2010, and 2014 actions as the ``FIP'' or the ``NGS 
FIP.'' The NGS FIP includes federally enforceable emissions limitations 
that apply to the fossil fuel-fired steam generating equipment, 
designated as Units 1, 2, and 3, equipment associated with the coal and 
ash handling, and the two auxiliary steam boilers at NGS. These 
emissions limitations apply to emissions of particulate matter (PM), 
sulfur dioxide (SO2), and oxides of nitrogen 
(NOX), and opacity. The EPA is proposing to rescind the NGS 
FIP and remove the provisions of the FIP from 40 CFR 52.145(d) and 40 
CFR 49.5513.
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    \1\ 56 FR 50172 (October 3, 1991), 75 FR 10174 (March 5, 2010), 
and 79 FR 46552 (August 8, 2014).
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B. Facility

    NGS was a coal-fired power plant that ceased operation in 2019, 
located on the reservation lands of the Navajo Nation, just east of 
Page, Arizona, and approximately 135 miles north of Flagstaff. NGS was 
co-owned by several entities and operated by Salt River Project 
Agricultural Improvement and Power District (``SRP'').\2\ The facility 
operated three units, each with a capacity of 750 megawatts (MW) net 
generation, with a total capacity of 2250 MW. Operations at the 
facility produced air pollutant emissions, including emissions of 
SO2, NOX, and PM. Existing pollution control 
equipment at NGS included wet flue gas desulfurization units for 
SO2 and PM removal, electrostatic precipitators for PM 
removal, and low-NOX burners with separated over-fire air to 
reduce NOX formation during the combustion process. Had the 
facility not ceased operations, the owner or operator of NGS would have 
taken steps by December 31, 2019 to reduce emissions

[[Page 14393]]

of NOX further, pursuant to the requirements of the 2014 
FIP.
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    \2\ The original participants in NGS were the United States 
Bureau of Reclamation, SRP, Arizona Public Service Company, Tucson 
Electric Company, NV Energy, and the Los Angeles Department of Water 
and Power (LADWP). SRP, serves as the facility operator. Prior to 
the permanent closure of NGS, SRP acquired the LADWP participant 
share in NGS.
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C. Attainment Status

    The area around NGS is designated attainment, unclassifiable/
attainment, or unclassifiable for all criteria pollutants under the 
Act.\3\
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    \3\ 40 CFR 81.303.
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D. The EPA's Authority To Promulgate a FIP in Indian Country

    When the CAA was amended in 1990, Congress included a new 
provision, section 301(d), granting the EPA authority to treat tribes 
in the same manner as states where appropriate.\4\ In 1998, the EPA 
promulgated regulations known as the Tribal Authority Rule (TAR).\5\ 
The EPA's promulgation of the TAR clarified, among other things, that 
state air quality regulations generally do not, under the CAA, apply to 
facilities located anywhere within the exterior boundaries of Indian 
reservations.\6\ Prior to the addition of section 301(d) and the 
promulgation of the TAR, some states had included emission limitations 
in their state implementation plans (SIPs) that they may have believed 
could apply under the CAA to private facilities operating on adjacent 
Indian reservations.
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    \4\ 40 U.S.C. 7601(d).
    \5\ 40 CFR parts 9, 35, 49, 50, and 81. See also 63 FR 7254 
(February 12, 1998).
    \6\ 63 FR 7254 at 7258 (noting that unless a state has 
explicitly demonstrated its authority and has been expressly 
approved by the EPA to implement CAA programs in Indian country, the 
EPA is the appropriate entity to implement CAA programs prior to 
tribal primacy), Arizona Public Service Company v. EPA., 211 F.3d 
1280 (D.C. Cir. 2000), cert. denied sub nom, Michigan v. EPA., 532 
U.S. 970 (2001) (upholding the TAR); see also Alaska v. Native 
Village of Venetie Tribal Government, 533 U.S. 520, 526 n.1 (1998) 
(primary jurisdiction over Indian country generally lies with 
federal government and tribes, not with states).
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    In the preambles to the proposed and final 1998 TAR, the EPA 
generally discussed the legal basis in the CAA that authorizes the EPA 
to regulate sources of air pollution in Indian country.\7\ The EPA 
concluded that the CAA authorizes the EPA to protect air quality 
throughout Indian country.\8\ The TAR, therefore, provides that the EPA 
``[s]hall promulgate without unreasonable delay such federal 
implementation plan provisions as are necessary or appropriate to 
protect air quality, consistent with the provisions of sections 
[301](a) and 301(d)(4), if a tribe does not submit a tribal 
implementation plan meeting the completeness criteria of 40 CFR part 
51, Appendix V, or does not receive EPA approval of a submitted tribal 
implementation plan.'' \9\
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    \7\ 59 FR 43956 (August 25, 1994); 63 FR 7253 (February 12, 
1998).
    \8\ 63 FR 7253 at 7262 (February 12, 1998); 59 FR 43956 at 
43960-43961 (August 25, 1994) (citing, among other things, to CAA 
sections 101(b)(1), 301(a), and 301(d)).
    \9\ 63 FR 7273, codified at 40 CFR 49.11(a). In the preamble to 
the final TAR, the EPA explained that it was inappropriate to treat 
tribes in the same manner as states with respect to section 110(c) 
of the Act, which directs the EPA to promulgate a FIP within 2 years 
after the EPA finds a state has failed to submit a complete state 
plan or within 2 years after the EPA disapproval of a state plan. 
Although the EPA is not required to promulgate a FIP within the 2-
year period for tribes, the EPA promulgated 40 CFR 49.11(a) to 
clarify that the EPA will continue to be subject to the basic 
requirement to issue any necessary or appropriate FIP provisions for 
affected tribal areas within some reasonable time. See 63 FR 7264-
65.
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E. Historical Overview of NGS FIP Actions

    On December 2, 1980, EPA issued regulations addressing visibility 
impairment that is traceable or ``reasonably attributable'' to a single 
source or small group of sources.\10\ These regulations required a 
number of states to submit SIPs no later than September 2, 1981. Most 
states, including Arizona, failed to submit SIPs as called for by the 
regulations. Accordingly, in 1987, the EPA issued visibility FIPs 
consisting of general plan requirements and long-term strategies for 29 
states including Arizona.\11\
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    \10\ 45 FR 80084 (December 2, 1980), codified at 40 CFR 51.300-
51.307.
    \11\ 52 FR 45132 (November 24, 1987).
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    In 1989, based on a report submitted by the National Park Service, 
the EPA proposed to find that a portion of the visibility impairment in 
Grand Canyon National Park was reasonably attributable to NGS.\12\ 
Under the 1991 FIP, NGS was required to phase-in compliance with the 
SO2 emissions limit by installing scrubbers in 1997, 1998, 
and 1999.\13\ In establishing the SO2 emissions limit for 
NGS in the final 1991 FIP, the EPA determined that the FIP would 
provide for greater reasonable progress toward the national visibility 
goal than implementation of best available retrofit technology 
(BART).\14\
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    \12\ 56 FR 50172 (October 3, 1991), codified at 40 CFR 52.145.
    \13\ 40 CFR 52.145(d)(7).
    \14\ 56 FR 50172 (October 3, 1991).
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    On September 8, 1999, the EPA proposed a source-specific FIP for 
NGS.\15\ The 1999 proposed FIP stated: ``Although the facility has been 
historically regulated by Arizona since its construction, the state 
lacks jurisdiction over the facility or its owners or operations for 
CAA compliance or enforcement purposes.'' The EPA intended for the 
proposed action in 1999 to ``federalize'' the emission limitations that 
Arizona had erroneously included in its SIP.\16\ The EPA received 
comments on the proposed FIP but did not finalize the proposal.
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    \15\ 64 FR 48725 (September 8, 1999).
    \16\ 64 FR 48725, 48727.
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    The EPA published a new proposed rule to promulgate federally 
enforceable numerical emissions limitations for PM and SO2 
in 2006 and took action to finalize it in 2010.\17\ The 2010 FIP also 
established an opacity limit and a requirement for specific control 
measures to limit dust emissions. In the 2010 FIP, the EPA determined 
that the emissions limitations for PM and SO2 were more 
stringent than, or at least as stringent as, the emissions limitations 
that had historically applied at NGS pursuant to an operating permit 
issued by Arizona. Therefore, the EPA concluded that air quality in 
this area would be positively impacted by the 2010 FIP.\18\
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    \17\ 75 FR 10179 (March 5, 2010) codified at 40 CFR 49.24(a) 
through (i) and redesignated to 40 CFR 49.5513(a) through (i). See 
76 FR 23879 (April 29, 2011).
    \18\ 75 FR 10174 (March 5, 2010).
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    On August 8, 2014, the EPA promulgated a final rule that 
established emissions limitations for NOX emissions from NGS 
under BART provisions of the Regional Haze Rule.\19\ We finalized an 
alternative to BART based on agreed-upon recommendations developed by a 
group of diverse stakeholders. The 2014 FIP limited emissions of 
NOX from NGS by establishing a long-term facility-wide cap 
on total NOX emissions from 2009 to 2044 and required the 
implementation of one of several alternative operating scenarios to 
ensure that the 2009 to 2044 cap was met.
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    \19\ 79 FR 46514 (August 8, 2014).
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II. Basis for Proposed Action

    In 2017, due to the changing economics of the energy industry, the 
owners of NGS voted to permanently close the facility at the end of 
2019.\20\ On November 27, 2019, consistent with the reporting 
requirements in the alternative to BART provisions of the NGS FIP, SRP 
notified the EPA that it would not implement any of the BART 
alternatives in the FIP due to the permanent cessation of operations at 
NGS.\21\ In that letter, SRP noted that Unit 3 permanently ceased 
operations on September 19, 2019, and that Units 1 and 2 permanently 
ceased operations on November 18, 2019. This closure

[[Page 14394]]

timeframe was consistent with the terms of the NGS Extension Lease 
agreement between the Navajo Nation and the owners of NGS prohibiting 
the combustion of coal at NGS after December 22, 2019. After November 
18, 2019, the owners and operator of NGS began decommissioning the 
facility. On November 30, 2020, SRP withdrew its CAA title V operating 
permit renewal application that it had submitted to the Navajo Nation 
Environmental Protection Agency (Navajo Nation EPA), and requested that 
the EPA rescind the NGS FIP.\22\
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    \20\ https://www.powermag.com/utility-owners-vote-to-shut-down-coal-fired-2-2-gw-navajo-generating-station/.
    \21\ Letter dated November 27, 2019, from Kenneth Joe Frazier, 
SRP, to Elizabeth Adams, EPA, regarding ``Navajo Generating 
Station--Notification of BART Alternative.''
    \22\ Letters dated November 30, 2020 from Joe Frazier, SRP, to 
Oliver Whaley, Navajo Nation EPA, regarding ``Request to Withdraw 
the Pending Renewal Application for the Navajo Generating Station 
Title V Permit to Operate--Permit No. NN-ROP 05-06,'' and dated 
November 30, 2020 from Joe Frazier, SRP to John Busterud, EPA Region 
IX, regarding ``Request to Rescind Navajo Generating Station Federal 
Implementation Plan at 40 CFR 52.145(d) and 49.5513.''
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    On December 18, 2020, the Navajo Nation EPA notified SRP that 
effective December 1, 2020, expiration of the title V permit terminated 
the ability of NGS to be operated.\23\ In that letter, the Navajo 
Nation EPA noted that NGS had been operating under Permit No. NN-ROP-
05-06, a title V permit issued on July 7, 2008. The permit was set to 
expire on July 7, 2013; however, because SRP submitted a timely and 
complete permit renewal application on March 4, 2013, NGS was able to 
continue to operate under the existing title V operating permit while 
awaiting action by the Navajo Nation EPA on the renewal permit 
application.\24\ As a complete renewal application is no longer 
submitted and pending action by the Navajo Nation EPA, withdrawal of 
the renewal permit application caused Permit No. NN-ROP-05-06 to 
expire.\25\ Expiration of the operating permit terminated the 
facility's right to operate.
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    \23\ Letter dated December 18, 2020, from Ronnie Ben, Delegated 
Executive Director, Navajo Nation EPA, to Joe Frazier, Director 
General Engineering, SRP, Subject: ``Expiration of Title V Permit to 
Operate for Navajo Generating Station--Permit No. NN-ROP-05-06.''
    \24\ 40 CFR 71.7(c)(3).
    \25\ Condition IX.R of Permit No. NN-ROP-05-06.
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    In its rescission request, SRP stated that since ceasing operations 
all equipment permitted to operate under the title V permit, which 
includes all equipment subject to the NGS FIP, are non-operational and 
in the process of being removed. In addition, electrical and mechanical 
equipment had been removed, preventing the combustion of fuel and 
equipment operation and eliminating sources of air pollutant emissions 
from the permitted equipment. The Kayenta Mine, which supplied coal to 
NGS, has permanently closed, and the dedicated rail line linking the 
mine to NGS has been dismantled. In addition, the three 775-foot stacks 
at NGS have been demolished.\26\
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    \26\ See, e.g., https://www.powermag.com/explosions-topple-smokestacks-of-iconic-navajo-generating-station/, accessed on 
December 23, 2020.
---------------------------------------------------------------------------

    Because NGS has permanently ceased operation and all equipment 
subject to the NGS FIP is no longer operational, and because the 
facility no longer holds a valid CAA title V permit to operate, the EPA 
is proposing to rescind the FIP for NGS at 40 CFR 52.145(d) and 40 CFR 
49.5513.
    The provisions of the 1991 FIP at 40 CFR 52.145(d) applied to the 
fossil fuel-fired steam-generating units designated as Units 1, 2, and 
3, and NGS and addressed emissions limitations for SO2, 
specifications for how compliance with the emissions limitations would 
be determined, requirements for continuous emissions monitoring, and 
reporting requirements.\27\ Because the SO2 emissions 
limitations in the 1991 FIP were achievable with the installation and 
operation of new flue gas desulfurization units, the 1991 FIP also 
specified compliance dates, schedules of compliance and associated 
reporting requirements.\28\ Finally, the 1991 FIP also included various 
provisions related to equipment operation and maintenance.\29\
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    \27\ 40 CFR 52.145 (d)(1) through (5).
    \28\ 40 CFR 52.145(d)(6) through (8).
    \29\ 40 CFR 52.145(d)(9) though (13).
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    Under 110(l) of the CAA, the EPA shall not approve a revision of an 
implementation plan if the revision would interfere with any applicable 
requirements concerning attainment, reasonable further progress, or any 
other applicable requirement of the CAA. Although this provision does 
not apply directly to the EPA's revision or rescission of a FIP, we 
have nonetheless considered whether rescission of the NGS FIP would 
interfere with any CAA requirements.
    The 1991 FIP established emissions limitations for SO2 
emitted from the fossil fuel-fired steam-generating units at NGS, as 
well as associated compliance, monitoring, and reporting requirements 
for the flue gas desulfurization units. Because NGS has permanently 
ceased operation, these provisions are no longer necessary to satisfy 
any CAA requirements related to regional haze and visibility 
protection. In addition, because the area surrounding NGS is designated 
attainment, unclassifiable/attainment, or unclassifiable for all NAAQS, 
the provisions of the 1991 FIP are not needed to satisfy requirements 
concerning attainment or reasonable further progress. Therefore, we 
propose to find that rescission of the 1991 FIP will not interfere with 
any applicable CAA requirements.
    The provisions of the 2010 FIP at 40 CFR 49.5513(a) through (i) 
apply to Units 1, 2, and 3, equipment associated with coal and ash 
handling, and the two auxiliary steam boilers at NGS, and established 
emissions limitations and associated continuous monitoring, testing and 
reporting requirements for SO2, PM, dust, and opacity.\30\ 
The 2010 FIP also includes provisions related to compliance 
certifications, equipment operations, and enforcement.\31\ Although the 
testing and monitoring requirements at 40 CFR 49.5513(e) generally 
relate to continuous emissions monitoring and periodic source testing 
for SO2, NOX, and PM emissions from the facility, 
one provision required SRP to install, maintain and operate non-
regulatory ambient monitors at the Glen Canyon Dam for PM, nitrogen 
dioxide (NO2), SO2, and ozone.\32\ The 2010 FIP 
did not elucidate the rationale for ambient monitoring but generally 
stated that ``[t]his final action will help to advance the goals of 
ensuring continued maintenance of the national ambient air quality 
standards and protecting visibility.'' \33\
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    \30\ 40 CFR 49.5513(a) through (f).
    \31\ 40 CFR 49.5513(g) through (i).
    \32\ 40 CFR 49.5513(e)(6).
    \33\ 43 FR 10174, 10175 (March 5, 2010).
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    Because NGS has permanently ceased operation, the air pollutants 
regulated under the 2010 FIP are no longer emitted from the facility, 
and the facility no longer operates the coal handling and storage 
equipment or the fly ash handling and storage equipment. Therefore, the 
provisions of the 2010 FIP that regulate emissions of air pollutants 
from NGS are no longer necessary to satisfy any CAA requirements 
related to regional haze and visibility protection. In addition, the 
area surrounding NGS is designated attainment, unclassifiable/
attainment, or unclassifiable for all NAAQS, therefore, the provisions 
of the 2010 FIP are not needed to satisfy requirements concerning 
attainment or reasonable further progress. The ambient monitors at the 
Glen Canyon Dam are operated by SRP and are not relied upon by any 
state, local or tribal agency to satisfy the minimum monitoring 
requirements in 40 CFR part 58. Furthermore, data from the monitors are 
not reported to the EPA's Air Quality System. For these reasons, we 
propose to determine that the 2010 FIP, including the provisions

[[Page 14395]]

requiring operation of ambient monitors operated at the Glen Canyon 
Dam, is not needed to satisfy requirements related to attainment, 
reasonable further progress, visibility protection, or any other CAA 
requirements.
    The provision of the 2014 FIP at 40 CFR 49.5513(j) were promulgated 
to satisfy the BART requirements of the CAA and the Regional Haze Rule 
and established emissions limitations for NOX from NGS and 
associated requirements, including implementation schedules, reporting, 
monitoring, compliance determinations, recordkeeping, equipment 
operations, and enforcement.\34\ Because NGS has permanently ceased 
operation, the emissions of NOX regulated under the 2014 FIP 
have also permanently ceased. Therefore, the provisions of the 2014 
FIP, which were intended to satisfy CAA requirements for visibility 
protection, are no longer necessary. In addition, the area surrounding 
NGS is designated attainment, unclassifiable/attainment, or 
unclassifiable for all NAAQS. Therefore, we propose to find that the 
provisions of the 2014 FIP are not needed to satisfy requirements 
concerning attainment or reasonable further progress or any other 
applicable CAA requirements.
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    \34\ 40 CFR 49.5513(j)(1) through (11).
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III. Solicitation of Comments

    As described above, the EPA is proposing the rescind the NGS FIP 
from 40 CFR 52.145(d) and 40 CFR 49.5513. The EPA solicits comments on 
this proposed FIP rescission and will accept comments until April 15, 
2021.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.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 for 
review. This proposed rule applies to only one facility and is 
therefore not a rulemaking of general applicability.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not contain any information collection 
activities.

C. 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.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate 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.

E. 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.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. The Navajo Generating Station is located on the 
reservation lands of the Navajo Nation, and the EPA recognizes there is 
significant community and tribal interest in this facility. The 
facility has already permanently ceased operations and this action 
simply proposes to rescind previously promulgated requirements 
applicable to this shuttered facility. In addition, the Navajo Nation 
EPA has already determined that NGS no longer has the right to operate. 
This proposed action to rescind the NGS FIP 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. However, on 
January 7, 2021, we invited the Navajo Nation to consult on this 
proposed action.\35\ The Navajo Nation did not request consultation on 
this proposed FIP rescission.
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    \35\ Letter dated January 7, 2021 from Elizabeth J. Adams, EPA 
Region IX, to Jonathan Nez, President of the Navajo Nation, Re: 
Invitation to Consult on a Request from the Salt River Project to 
Rescind the Federal Implementation Plan for the Navajo Generating 
Station.
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G. 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 environmental 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 does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions 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.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. The facility has already 
permanently ceased operations and this action simply proposes to 
rescind previously promulgated requirements applicable to this 
shuttered facility. Therefore, the EPA considers this proposed action 
to rescind the NGS FIP to have no impacts to human health and the 
environment, and to have no potential disproportionately high and 
adverse effects on minority, low-income, or indigenous populations.

List of Subjects

40 CFR Part 49

    Administrative practice and procedure, Air pollution control, 
Environmental protection, Incorporation by reference, Indians, 
Intergovernmental relations, Reporting and recordkeeping requirements.

40 CFR Part 52

    Air pollution control, Environmental protection, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Visibility.


[[Page 14396]]


    Dated: February 22, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental 
Protection Agency proposes to amend chapter I, title 40, of the Code of 
Federal Regulations as follows:

PART 49--INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT

0
1. The authority citation for part 49 continues to read as follows:

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

Subpart L--Implementation plans for tribes--Region IX


Sec.  49.5513  [Removed and Reserved]

0
2. Remove and reserve Sec.  49.5513.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
3. The authority citation for part 52 continues to read as follows:

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

Subpart D--Arizona


Sec.  52.145  [Amended]

0
4. Amend Sec.  52.145 by removing and reserving paragraph (d).

[FR Doc. 2021-04352 Filed 3-15-21; 8:45 am]
BILLING CODE 6560-50-P

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