Rule2021-12574
Rescission of the Source-Specific Federal Implementation Plan for Navajo Generating Station, Navajo Nation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 16, 2021
Effective
July 16, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 114 (Wednesday, June 16, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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, <a href="/cdn-cgi/l/email-protection#85e9e0e0abe4ebecf1e4c5e0f5e4abe2eaf3"><span class="__cf_email__" data-cfemail="8be7eeeea5eae5e2ffeacbeefbeaa5ece4fd">[email protected]</span></a>.
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
(SO<INF>2</INF>), and oxides of nitrogen (NO<INF>X</INF>). 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 SO<INF>2</INF>, NO<INF>X</INF>, and PM. Pollution control
equipment at NGS included wet flue gas desulfurization units for
SO<INF>2</INF> and PM removal, electrostatic precipitators for PM
removal, and low-NO<INF>X</INF> burners with separated over-fire air to
reduce NO<INF>X</INF> 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
NO<INF>X</INF>, 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 <a href="https://www.regulations.gov/document/EPA-R09-OAR-2021-0018-0001/comment">https://www.regulations.gov/document/EPA-R09-OAR-2021-0018-0001/comment</a>.
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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 <a href="http://www.epa.gov/laws-regulations/laws-and-executive-orders">http://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
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]
BILLING CODE 6560-50-P
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