Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Proposed Rules 58987 

FR 3316; Jan. 17, 2008). We will 

consider all comments and material 

received during the comment period. 

Currently, we have no plans to hold 

public meetings in connection with this 

notice, but if you think such a meeting 

would be beneficial, contact us (see FOR

FURTHER INFORMATION CONTACT). 

Authority 

The Coast Guard issues this notice 

under authority of the Freedom of 

Information Act, codified at 5 U.S.C. 

552(a). 

Dated: September 15, 2013. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards, United States Coast Guard. 

[FR Doc. 2013–23283 Filed 9–24–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R09–OAR–2013–0009; FRL–9901–28– 

Region9] 

Approval of Air Quality Implementation 

Plans; Navajo Nation; Regional Haze 

Requirements for Navajo Generating 

Station; Extension of Public Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of 

extended comment period. 

SUMMARY: On February 5, 2013, EPA 

proposed a Best Available Retrofit 

Technology (BART) determination for 

oxides of nitrogen (NOX) for the Navajo 

Generating Station (NGS), located on the 

Navajo Nation, and provided a threemonth period to accept public 

comments that was scheduled to close 

on May 6, 2013. At the request of 

interested stakeholders, EPA extended 

the comment period on two occasions, 

first on March 19, 2013, and again on 

July 9, 2013. The comment period was 

scheduled to close October 4, 2013. 

Additionally, on June 19, 2013, EPA 

announced our intention to hold five 

public hearings to accept written and 

oral comment on our proposed BART 

determination for NGS. On July 26, 

2013, a group of stakeholders, known as 

the Technical Work Group (TWG), 

submitted its recommendation for an 

additional BART Alternative to EPA for 

consideration (TWG Alternative). EPA is 

in the process of evaluating this 

alternative. Because EPA has not yet 

announced the schedule for the public 

hearings, and because EPA is still 

evaluating the TWG Alternative and 

may supplement our February 5, 2013 

proposal, EPA is extending the 

comment period an additional three 

months. EPA intends to hold the public 

hearings prior to the close of this 

extended comment period and to 

announce the schedule shortly. 

DATES: Comments on the proposed 

rulemaking for NGS must be 

postmarked no later than January 6, 

2014. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0009, by one of the 

following methods: 

(1) Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

(2) Email: r9ngsbart@epa.gov. 

(3) Mail or deliver: Anita Lee (Air-2), 

U.S. Environmental Protection Agency 

Region 9, 75 Hawthorne Street, San 

Francisco, CA 94105–3901. 

For more detailed instructions 

concerning how to submit comments on 

this proposed rule, and for more 

information on our proposed rule, 

please see the notice of proposed 

rulemaking, published in the Federal 

Register on February 5, 2013 (78 FR 

8274). 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Hearings: EPA intends to schedule 

five public hearings to accept oral and 

written comments on the proposed 

rulemaking. EPA intends to hold the 

public hearings at locations on the 

Navajo Nation and the Hopi Tribe, as 

well as in Page, Phoenix, and Tucson, 

Arizona. EPA will provide notice and 

additional details related to the hearings 

in the Federal Register, on our Web site, 

and in the docket for this proposed 

rulemaking. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 9, 75 Hawthorne Street, 

San Francisco, California. While 

documents in the docket are listed in 

the index, some information may be 

publicly available only at EPA Region 9 

(e.g., maps, voluminous reports, 

copyrighted material), and some may 

not be publicly available in either 

location (e.g., CBI). To inspect the hard 

copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Anita Lee, EPA Region 9, (415) 972– 

3958, r9ngsbart@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we’’, ‘‘us’’, 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. Today’s Action 

I. Background 

NGS is a coal-fired power plant 

located on the Navajo Nation Indian 

Reservation, just east of Page, Arizona, 

approximately 135 miles north of 

Flagstaff, Arizona. Emissions of NOX

from NGS affect visibility at 11 National 

Parks and Wilderness Areas that are 

designated as Class I federal areas (Class 

I areas), mandated by Congress to 

receive heightened protection. NGS is 

subject to the BART requirement of the 

CAA and the Regional Haze Rule (RHR) 

based on its age and its effects on 

visibility in Class I areas. 

On February 5, 2013, EPA proposed a 

BART determination to require NGS to 

achieve a nearly 80 percent reduction of 

its current overall NOX emission rate. 

EPA also proposed an alternative to 

BART that would provide flexibility to 

NGS in the schedule for the installation 

of new post-combustion control 

equipment. As discussed in more detail 

in our proposed rulemaking, EPA 

proposed to exercise its authority and 

discretion under section 301(d)(4) of the 

CAA (42 U.S.C. § 7601(d)(4)), and the 

Tribal Authority Rule (40 CFR 49.11(a)), 

to credit NGS for its early and voluntary 

installation of new combustion controls 

and to propose an extended timeframe 

for NGS for alternative measures to 

BART under the RHR. 

In recognition that there may be other 

approaches that could result in better 

visibility benefits than BART, as well as 

the importance of NGS to the Navajo 

Nation, Hopi Tribe, the Gila River 

Indian Community, and numerous other 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
58988 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Proposed Rules 

1See ‘‘Technical Work Group Agreement Related 

to Navajo Generating Station (NGS)’’ dated July 25, 

2013, and submitted to EPA on July 26, 2013, in the 

docket for this proposed rulemaking at EPA–R09– 

OAR–2013–0009–0122. 

tribes located in Arizona, EPA also 

outlined a framework for evaluating 

other BART alternatives (‘‘better than 

BART’’ alternatives) that provide greater 

emission reductions than EPA’s 

proposed BART alternative in exchange 

for greater flexibility. 

EPA encouraged a robust public 

discussion of our proposed BART 

determination and alternative, as well as 

other possible alternatives, and 

recognized the potential need for a 

supplemental proposal if approaches 

developed by other parties are identified 

as meeting the requirements of the CAA. 

EPA received requests for a 90-day 

extension of the public comment period 

from the Navajo Nation, the Gila River 

Indian Community (Gila River, or the 

Community), Salt River Project 

Agricultural Improvement and Power 

District (SRP), and the Central Arizona 

Water Conservation District (CAWCD), 

in order to allow stakeholders time to 

develop alternatives to BART for EPA’s 

consideration. On March 19, 2013, EPA 

extended the close of the public 

comment period to August 5, 2013 (78 

FR 16825). 

On June 10, 2013, EPA signed a 

notice, published on June 19, 2013, of 

our intent to hold five public hearings 

throughout the state of Arizona (78 FR 

36716). EPA intends to hold hearings at 

one location each on reservation lands 

of the Navajo Nation and Hopi Tribe, 

and in Page, Phoenix, and Tucson, 

Arizona. 

On June 20, 2013, SRP submitted a 

letter, on behalf of six stakeholders, 

requesting another extension of the 

comment period for NGS. On July 9, 

2013, EPA extended the close of the 

public comment period to October 4, 

2013 (78 FR 41012). 

On July 26, 2013, a group of 

stakeholders known as the Technical 

Work Group (TWG) and consisting of 

the CAWCD, the Environmental Defense 

Fund (EDF), Gila River, Navajo Nation, 

SRP, on behalf of itself and the other 

non-federal Participants, Interior, and 

Western Resource Advocates, submitted 

a document to EPA memorializing a 

multi-party agreement (the TWG 

Agreement).1 The TWG Alternative to 

BART was included as Appendix B to 

the TWG Agreement. EPA is currently 

evaluating the TWG Alternative to 

determine if it is consistent with the 

RHR and the framework for ‘‘better than 

BART’’ Alternatives put forth in our 

February 5, 2013 proposed rulemaking. 

Because EPA has not yet scheduled 

the public hearings for NGS and because 

we are still evaluating the TWG 

Alternative, EPA is extending the close 

of the comment period to accept written 

and oral comment on our proposed 

rulemaking for NGS. 

II. Today’s Action 

In today’s action, EPA is extending 

the close of the comment period for our 

proposed rulemaking for NGS by three 

months, to January 6, 2014. EPA intends 

to announce the schedule for public 

hearings in a forthcoming notice in the 

Federal Register. 

List of Subjects in 40 CFR Part 49 

Environmental protection, Air 

pollution control, Indians, 

Intergovernmental relations, Nitrogen 

Dioxide. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 16, 2013. 

Elizabeth Adams, 

Acting Air Division Director, Region 9. 

[FR Doc. 2013–23246 Filed 9–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–RCRA–2013–0027; FRL–9819–7] 

Louisiana: Final Authorization of Stateinitiated Changes and Incorporation by 

Reference of State Hazardous Waste 

Management Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: During a review of 

Louisiana’s regulations, EPA identified 

a variety of State-initiated changes to 

Louisiana’s hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA), as amended, for 

which the State had not previously 

sought authorization. EPA proposes to 

authorize the State for the program 

changes. In addition, EPA proposes to 

codify in the regulations entitled 

‘‘Approved State Hazardous Waste 

Management Programs’’, Louisiana’s 

authorized hazardous waste program. 

The EPA will incorporate by reference 

into the Code of Federal Regulations 

(CFR) those provisions of the State 

regulations that are authorized and that 

EPA will enforce under RCRA. 

DATES: Send written comments by 

October 25, 2013. 

ADDRESSES: Send written comments to 

Alima Patterson, Region 6, Regional 

Authorization Coordinator, or Julia 

Banks, Codification Coordinator (6PD– 

O), Multimedia Planning and Permitting 

Division at the address shown below. 

You can examine copies of the materials 

that form the basis for this authorization 

and incorporation by reference during 

normal business hours at the following 

location: EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

phone number (214) 665–6533 or (214) 

665–8178. You may also submit 

comments electronically or through 

hand delivery/courier; please follow the 

detailed instructions in the ADDRESSES

section of the direct final rule which is 

located in the Rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson or Julia Banks at (214) 

665–8533 or (214) 665–8178. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, the EPA is authorizing 

the changes to the Louisiana program, 

and codifying and incorporating by 

reference the State’s hazardous waste 

program as a direct final rule. The EPA 

did not make a proposal prior to the 

direct final rule because we believe 

these actions are not controversial and 

do not expect comments that oppose 

them. We have explained the reasons for 

this authorization and incorporation by 

reference in the preamble to the direct 

final rule. Unless we get written 

comments which oppose this 

authorization and incorporation by 

reference during the comment period, 

the direct final rule will become 

effective on the date it establishes, and 

we will not take further action on this 

proposal. If we get comments that 

oppose these actions, we will withdraw 

the direct final rule and it will not take 

effect. We will then respond to public 

comments in a later final rule based on 

this proposal. You may not have another 

opportunity for comment. If you want to 

comment on this action, you must do so 

at this time. For additional information, 

please see the immediate final rule 

published in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912(a), 6926, and 

6974(b). 

Dated: May 2, 2013. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2013–22969 Filed 9–24–13; 8:45 am] 

BILLING CODE 6560–50–P 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS