31918 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 

1The 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). 

from the Elba Island Cut Jetty Light to 

the Eugene Talmage Memorial Bridge. It 

is categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T07–0356 to read as 

follows: 

§ 165.T07–0356 Safety Zone; 4th of July 

Boat Parade, Savannah River, Savannah, 

GA. 

(a) Location. The following area is a 

safety zone: All waters of the Savannah 

River, from surface to bottom, from the 

Elba Island Cut Jetty Light to the Eugene 

Talmage Memorial Bridge. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Savannah (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) Persons or vessels desiring to 

enter, transit through, anchor in, or 

remain within the safety zone may 

contact COTP Savannah by telephone at 

(912) 652–4353, or a designated 

representative via VHF radio on channel 

16, to request authorization. If 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the COTP 

Savannah or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Savannah or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated areas by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, Marine Safety Information 

Bulletins, and on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 2:00 p.m. until 

5:00 p.m., on July 4, 2021. 

Dated: June 3, 2021. 

S.A. Richardson, 

Lieutenant Commander, U.S. Coast Guard, 

Acting, Captain of the Port. 

[FR Doc. 2021–12582 Filed 6–15–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 49 and 52 

[EPA–R09–OAR–2021–0018; FRL–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. 

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 coalfired 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 https://www.regulations.gov 

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 https://

www.regulations.gov, 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, lee.anita@epa.gov. 

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 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), opacity, sulfur 

dioxide (SO2), and oxides of nitrogen 

(NOX). The EPA is proposing to rescind 

the NGS FIP and remove the provisions 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 31919 

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. 

3The comments are available in the docket for 

this rulemaking at https://www.regulations.gov/ 

document/EPA-R09-OAR-2021-0018-0001/ 

comment. 

4Letter 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. 

of the FIP from 40 CFR 52.145(d) and 40 

CFR 49.5513. 

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 SO2, 

NOX, and PM. 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 additional steps 

by December 31, 2019 to reduce 

emissions of NOX, pursuant to the 

requirements of the 2014 FIP. 

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. 

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 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 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. 

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. 


jbell on DSKJLSW7X2PROD with RULES
31920 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 

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 

■ 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. 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0542; FRL–10024– 

89-Region 5] 

Air Plan Approval; Illinois; Volatile 

Organic Material Definition Update 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Illinois State Implementation Plan 

(SIP). The revision is amending the 

Illinois Administrative Code (IAC) by 

updating the definition of volatile 

organic material (VOM) and volatile 

organic compounds (VOC) to exclude 

(Z) -1,1,1,4,4,4-hexafluorobut-2-ene. 

This revision is consistent with an EPA 

rulemaking in 2018, which exempted 

this compound from the Federal 

definition of VOC on the basis that the 

compound makes a negligible 

contribution to tropospheric ozone 

formation. EPA proposed to approve 

this action on February 11, 2021 and 

received no adverse comments. 

DATES: This final rule is effective on July 

16, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0542. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Andrew 

Lee, Physical Scientist, at (312) 353– 

7645 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Lee, Physical Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–7645, 

lee.andrew.c@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background Information 

On February 11, 2021, EPA proposed 

to approve a revision to the Illinois SIP 

by updating the definition of volatile 

organic material or volatile organic 

compound at 35 IAC 211.7150 to 

exclude (Z)-1,1,1,4,4,4-hexafluorobut-2- 

ene. See 86 FR 9307. This revision is 

consistent with an EPA rulemaking 

exempting this compound from the 

Federal definition of VOC at 40 CFR 

51.100(s) due to its negligible 

contribution to tropospheric ozone 

formation. See 83 FR 61127 (Nov. 28, 

2018). An explanation of the Clean Air 

Act (CAA) requirements, a detailed 


jbell on DSKJLSW7X2PROD with RULES