[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 http://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.
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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 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 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]
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