14392 Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules 

1 56 FR 50172 (October 3, 1991), 75 FR 10174 

(March 5, 2010), and 79 FR 46552 (August 8, 2014). 2The 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. 

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 

[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. 

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, lee.anita@epa.gov. 

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 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 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules 14393 

3 40 CFR 81.303. 

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). 

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. 

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). 

16 64 FR 48725, 48727. 

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). 

19 79 FR 46514 (August 8, 2014). 

20https://www.powermag.com/utility-ownersvote-to-shut-down-coal-fired-2-2-gw-navajogenerating-station/. 

21Letter dated November 27, 2019, from Kenneth 

Joe Frazier, SRP, to Elizabeth Adams, EPA, 

regarding ‘‘Navajo Generating Station—Notification 

of BART Alternative.’’ 

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 

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 

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 


jbell on DSKJLSW7X2PROD with PROPOSALS
14394 Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules 

22Letters 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.’’ 

23Letter 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). 

25Condition IX.R of Permit No. NN–ROP–05–06. 

26See, 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). 

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). 

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 

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

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 

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 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules 14395 

34 40 CFR 49.5513(j)(1) through (11). 

35Letter 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. 

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 http://www.epa.gov/lawsregulations/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. 

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. 


jbell on DSKJLSW7X2PROD with PROPOSALS
14396 Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules 

1For 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/2015- 

07/documents/eipfin.pdf. 

2For 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. 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: 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 

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 

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 


jbell on DSKJLSW7X2PROD with PROPOSALS