[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Rules and Regulations]
[Pages 31918-31920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12574]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 49 and 52

[EPA-R09-OAR-2021-0018; FRL-10024-15-Region 9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 operating permit for this facility has 
expired.

DATES: This rule will be effective on July 16, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2021-0018. 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. 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 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
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On March 16, 2021, the EPA proposed 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), opacity, sulfur dioxide 
(SO2), and oxides of nitrogen (NOX). The EPA is 
proposing to rescind the NGS FIP and remove the provisions

[[Page 31919]]

of the FIP from 40 CFR 52.145(d) and 40 CFR 49.5513.
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    \1\ The EPA's proposed rule is available at 86 FR 14392 (March 
16, 2021). The provisions of the FIP for NGS were published at 56 FR 
50172 (October 3, 1991), 75 FR 10174 (March 5, 2010), and 79 FR 
46552 (August 8, 2014).
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    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 
consisted of three electric generating 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. 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 additional steps by December 31, 2019 to reduce emissions of 
NOX, 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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    The EPA's proposed action published on March 16, 2021 described the 
EPA's authority to promulgate a FIP in Indian country, provided an 
historical overview of the NGS FIP actions, and described the EPA's 
basis for our proposed action to rescind the NGS FIP, including 
consideration of whether the rescission of the FIP would interfere with 
any Clean Air Act requirements. Briefly, 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 proposed to rescind the FIP for NGS at 40 
CFR 52.145(d) and 40 CFR 49.5513. Please see our proposed rule for 
additional details.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period 
that ended on April 15, 2021. During this period, the EPA received two 
comments, one from a private individual and the other from SRP, both in 
support of our proposed action to rescind the FIP for NGS.\3\ We are 
not providing responses to these comments because they express support 
for our proposed action.
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    \3\ The comments are available in the docket for this rulemaking 
at https://www.regulations.gov/document/EPA-R09-OAR-2021-0018-0001/comment.
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III. Final Action

    For the reasons discussed in detail in the proposed rule and 
summarized herein, the EPA is taking final action to rescind the FIP 
for NGS at 40 CFR 52.145(d) and 40 CFR 49.5513.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://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 rule applies to only one facility and is therefore not a 
rule 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 
has been significant community and tribal interest in this facility. 
The facility has already permanently ceased operations and this action 
simply rescinds 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 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.\4\ The 
Navajo Nation did not request consultation on this FIP rescission.
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    \4\ 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.

[[Page 31920]]

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 rescinds 
previously promulgated requirements applicable to this shuttered 
facility. Therefore, the EPA considers this action 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.

K. The Congressional Review Act

    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).

L. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 16, 2021. 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)).

List of Subjects

40 CFR Part 49

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

40 CFR Part 52

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

Michael S. Regan,
Administrator.

    For reasons discussed in the preamble, EPA amends 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. Section 52.145 amended by removing and reserving paragraph (d).

[FR Doc. 2021-12574 Filed 6-15-21; 8:45 am]
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