[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, <a href="/cdn-cgi/l/email-protection#80ece5e5aee1eee9f4e1c0e5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="afc3caca81cec1c6dbceefcadfce81c8c0d9">[email protected]</span></a>.

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 (SO<INF>2</INF>), and oxides of nitrogen 
(NO<INF>X</INF>), 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 
SO<INF>2</INF>, NO<INF>X</INF>, and PM. Existing 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 steps by December 31, 2019 to reduce emissions

[[Page 14393]]

of NO<INF>X</INF> 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 
SO<INF>2</INF> emissions limit by installing scrubbers in 1997, 1998, 
and 1999.\13\ In establishing the SO<INF>2</INF> 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 SO<INF>2</INF> 
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 SO<INF>2</INF> 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 NO<INF>X</INF> 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 
NO<INF>X</INF> from NGS by establishing a long-term facility-wide cap 
on total NO<INF>X</INF> 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 SO<INF>2</INF>, 
specifications for how compliance with the emissions limitations would 
be determined, requirements for continuous emissions monitoring, and 
reporting requirements.\27\ Because the SO<INF>2</INF> 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 SO<INF>2</INF> 
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 SO<INF>2</INF>, 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 SO<INF>2</INF>, NO<INF>X</INF>, 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 (NO<INF>2</INF>), SO<INF>2</INF>, 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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]
BILLING CODE 6560-50-P


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