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Designated representative means the the federal implementation plan (FIP) I. Background Coast Guard commissioned, warrant, or that regulates emissions from the Navajo A. Action petty officer operating the on scene Generating Station (NGS), a coal-fired Coast Guard vessel designated by or power plant that was located on the In this action, the EPA is proposing to assisting the Captain of the Port reservation lands of the Navajo Nation rescind the FIP for NGS that we Maryland-National Capital Region near Page, Arizona. NGS permanently promulgated on October 3, 1991 (‘‘1991 (COTP) in the enforcement of the ceased operations on November 18, FIP’’), March 5, 2010 (‘‘2010 FIP’’), and security zone. 2019, and the Clean Air Act (CAA or August 8, 2014 (‘‘2014 FIP’’).1 The (c) Regulations. (1) Under the general ‘‘Act’’) operating permit for this facility provisions of the 1991 action are security zone regulations in subpart D of has expired. codified in the Code of Federal Regulations (CFR) at 40 CFR 52.145(d), this part, you may not enter the security DATES: Any comments on this proposal the provisions of the 2010 action are zone described in paragraph (a) of this must arrive by April 15, 2021. section unless authorized by the COTP codified at 40 CFR 49.5513(a) through or the COTP’s designated representative. ADDRESSES: Submit your comments, (i), and provisions of the 2014 action are (2) To seek permission to enter the identified by Docket ID number EPA– codified at 40 CFR 49.5513(j). We refer security zone described in paragraph (a) R09–OAR–2021–0018, at http:// collectively to the provisions from the of this section, contact the COTP or the www.regulations.gov. For comments 1991, 2010, and 2014 actions as the COTP’s representative by telephone at submitted at Regulations.gov, follow the ‘‘FIP’’ or the ‘‘NGS FIP.’’ The NGS FIP 410–576–2693 or on Marine Band Radio online instructions for submitting includes federally enforceable emissions VHF–FM channel 16 (156.8 MHz). The comments. Once submitted, comments limitations that apply to the fossil fuel- Coast Guard vessel enforcing this cannot be edited or removed from fired steam generating equipment, section can be contacted on Marine Regulations.gov. The EPA may publish designated as Units 1, 2, and 3, Band Radio VHF–FM channel 16 (156.8 any comment received to its public equipment associated with the coal and MHz). Those in the security zone must docket. Do not submit electronically any ash handling, and the two auxiliary comply with all lawful orders or information you consider to be steam boilers at NGS. These emissions directions given to them by the COTP or Confidential Business Information (CBI) limitations apply to emissions of the COTP’s designated representative. or other information whose disclosure is particulate matter (PM), sulfur dioxide (3) A person or vessel operating in the restricted by statute. Multimedia (SO2), and oxides of nitrogen (NOX), and security zone described in paragraph submissions (audio, video, etc.) must be opacity. The EPA is proposing to rescind the NGS FIP and remove the (a)(1) of this section must not enter accompanied by a written comment. provisions of the FIP from 40 CFR waters within 1,000 yards of the on The written comment is considered the 52.145(d) and 40 CFR 49.5513. scene Coast Guard vessel or test official comment and should include equipment being used by Coast Guard discussion of all points you wish to B. Facility make. The EPA will generally not personnel. NGS was a coal-fired power plant that (d) Enforcement periods. This section consider comments or comment contents located outside of the primary ceased operation in 2019, located on the will be enforced 9 a.m. to 10 p.m. on reservation lands of the Navajo Nation, April 25, 2021, and those same hours on submission (i.e., on the web, cloud, or other file sharing system). For just east of Page, Arizona, and April 26, 2021, April 27, 2021, April 28, approximately 135 miles north of 2021, April 29, 2021, April 30, 2021, additional submission methods, or if you need assistance in a language other Flagstaff. NGS was co-owned by several May 1, 2021, May 2, 2021, May 3, 2021, entities and operated by Salt River May 4, 2021, May 5, 2021, May 6, 2021, than English or if you are a person with disabilities who needs a reasonable Project Agricultural Improvement and May 7, 2021 and May 8, 2021. 2 accommodation at no cost to you, please Power District (‘‘SRP’’). The facility Dated: March 9, 2021. contact the person identified in the FOR operated three units, each with a Joseph B. Loring, FURTHER INFORMATION CONTACT section. capacity of 750 megawatts (MW) net Captain, U.S. Coast Guard, Captain of the For the full EPA public comment policy, generation, with a total capacity of 2250 Port Maryland-National Capital Region. information about CBI or multimedia MW. Operations at the facility produced [FR Doc. 2021–05391 Filed 3–15–21; 8:45 am] submissions, and general guidance on air pollutant emissions, including emissions of SO2, NOX, and PM. BILLING CODE 9110–04–P making effective comments, please visit https://www.epa.gov/dockets/ Existing pollution control equipment at commenting-epa-dockets. NGS included wet flue gas desulfurization units for SO and PM ENVIRONMENTAL PROTECTION 2 FOR FURTHER INFORMATION CONTACT: removal, electrostatic precipitators for AGENCY Anita Lee, EPA Region IX, (415) 972– PM removal, and low-NOX burners with 3958, [email protected]. 40 CFR Parts 49 and 52 separated over-fire air to reduce NOX SUPPLEMENTARY INFORMATION: formation during the combustion [EPA–R09–OAR–2021–0018; FRL–10020– Throughout this document, ‘‘we,’’ ‘‘us,’’ process. Had the facility not ceased 02–Region 9] and ‘‘our’’ refer to the EPA. operations, the owner or operator of NGS would have taken steps by Rescission of the Source-Specific Table of Contents December 31, 2019 to reduce emissions Federal Implementation Plan for I. Background Navajo Generating Station, Navajo A. Action 1 56 FR 50172 (October 3, 1991), 75 FR 10174 Nation B. Facility (March 5, 2010), and 79 FR 46552 (August 8, 2014). C. Attainment Status 2 The original participants in NGS were the AGENCY: Environmental Protection D. The EPA’s Authority To Promulgate a United States Bureau of Reclamation, SRP, Arizona Agency (EPA). FIP in Indian Country Public Service Company, Tucson Electric Company, NV Energy, and the Los Angeles Department of ACTION : Proposed rule. E. Historical Overview of NGS FIP Actions Water and Power (LADWP). SRP, serves as the II. Basis for Proposed Action facility operator. Prior to the permanent closure of SUMMARY: The Environmental Protection III. Solicitation of Comments NGS, SRP acquired the LADWP participant share in Agency (EPA) is proposing to rescind IV. Statutory and Executive Order Reviews NGS.

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of NOX further, pursuant to the completeness criteria of 40 CFR part 51, emission limitations that Arizona had requirements of the 2014 FIP. Appendix V, or does not receive EPA erroneously included in its SIP.16 The approval of a submitted tribal EPA received comments on the C. Attainment Status implementation plan.’’ 9 proposed FIP but did not finalize the The area around NGS is designated proposal. attainment, unclassifiable/attainment, or E. Historical Overview of NGS FIP The EPA published a new proposed unclassifiable for all criteria pollutants Actions rule to promulgate federally enforceable under the Act.3 On December 2, 1980, EPA issued numerical emissions limitations for PM regulations addressing visibility D. The EPA’s Authority To Promulgate and SO2 in 2006 and took action to impairment that is traceable or 17 a FIP in Indian Country finalize it in 2010. The 2010 FIP also ‘‘reasonably attributable’’ to a single established an opacity limit and a When the CAA was amended in 1990, source or small group of sources.10 requirement for specific control Congress included a new provision, These regulations required a number of measures to limit dust emissions. In the section 301(d), granting the EPA states to submit SIPs no later than 2010 FIP, the EPA determined that the authority to treat tribes in the same September 2, 1981. Most states, emissions limitations for PM and SO2 manner as states where appropriate.4 In including Arizona, failed to submit SIPs were more stringent than, or at least as 1998, the EPA promulgated regulations as called for by the regulations. stringent as, the emissions limitations known as the Tribal Authority Rule Accordingly, in 1987, the EPA issued that had historically applied at NGS (TAR).5 The EPA’s promulgation of the visibility FIPs consisting of general plan pursuant to an operating permit issued TAR clarified, among other things, that requirements and long-term strategies by Arizona. Therefore, the EPA state air quality regulations generally do for 29 states including Arizona.11 concluded that air quality in this area not, under the CAA, apply to facilities In 1989, based on a report submitted would be positively impacted by the located anywhere within the exterior by the National Park Service, the EPA 2010 FIP.18 boundaries of Indian reservations.6 Prior proposed to find that a portion of the On August 8, 2014, the EPA to the addition of section 301(d) and the visibility impairment in Grand Canyon promulgated a final rule that established promulgation of the TAR, some states National Park was reasonably emissions limitations for NOX emissions had included emission limitations in attributable to NGS.12 Under the 1991 from NGS under BART provisions of the their state implementation plans (SIPs) FIP, NGS was required to phase-in Regional Haze Rule.19 We finalized an that they may have believed could apply compliance with the SO2 emissions alternative to BART based on agreed- under the CAA to private facilities limit by installing scrubbers in 1997, upon recommendations developed by a operating on adjacent Indian 1998, and 1999.13 In establishing the group of diverse stakeholders. The 2014 reservations. SO2 emissions limit for NGS in the final FIP limited emissions of NOX from NGS In the preambles to the proposed and 1991 FIP, the EPA determined that the by establishing a long-term facility-wide final 1998 TAR, the EPA generally FIP would provide for greater cap on total NOX emissions from 2009 discussed the legal basis in the CAA reasonable progress toward the national to 2044 and required the that authorizes the EPA to regulate visibility goal than implementation of implementation of one of several sources of air pollution in Indian best available retrofit technology alternative operating scenarios to ensure 7 country. The EPA concluded that the (BART).14 that the 2009 to 2044 cap was met. CAA authorizes the EPA to protect air On September 8, 1999, the EPA quality throughout Indian country.8 The proposed a source-specific FIP for II. Basis for Proposed Action TAR, therefore, provides that the EPA NGS.15 The 1999 proposed FIP stated: In 2017, due to the changing ‘‘[s]hall promulgate without ‘‘Although the facility has been economics of the energy industry, the unreasonable delay such federal historically regulated by Arizona since owners of NGS voted to permanently implementation plan provisions as are its construction, the state lacks close the facility at the end of 2019.20 necessary or appropriate to protect air jurisdiction over the facility or its On November 27, 2019, consistent with quality, consistent with the provisions owners or operations for CAA the reporting requirements in the of sections [301](a) and 301(d)(4), if a compliance or enforcement purposes.’’ alternative to BART provisions of the tribe does not submit a tribal The EPA intended for the proposed NGS FIP, SRP notified the EPA that it implementation plan meeting the action in 1999 to ‘‘federalize’’ the would not implement any of the BART alternatives in the FIP due to the 3 40 CFR 81.303. 9 63 FR 7273, codified at 40 CFR 49.11(a). In the permanent cessation of operations at 4 40 U.S.C. 7601(d). preamble to the final TAR, the EPA explained that NGS.21 In that letter, SRP noted that 5 40 CFR parts 9, 35, 49, 50, and 81. See also 63 it was inappropriate to treat tribes in the same FR 7254 (February 12, 1998). manner as states with respect to section 110(c) of Unit 3 permanently ceased operations 6 63 FR 7254 at 7258 (noting that unless a state the Act, which directs the EPA to promulgate a FIP on September 19, 2019, and that Units has explicitly demonstrated its authority and has within 2 years after the EPA finds a state has failed 1 and 2 permanently ceased operations been expressly approved by the EPA to implement to submit a complete state plan or within 2 years on November 18, 2019. This closure CAA programs in Indian country, the EPA is the after the EPA disapproval of a state plan. Although appropriate entity to implement CAA programs the EPA is not required to promulgate a FIP within 16 prior to tribal primacy), Arizona Public Service the 2-year period for tribes, the EPA promulgated 64 FR 48725, 48727. Company v. EPA., 211 F.3d 1280 (D.C. Cir. 2000), 40 CFR 49.11(a) to clarify that the EPA will 17 75 FR 10179 (March 5, 2010) codified at 40 CFR cert. denied sub nom, Michigan v. EPA., 532 U.S. continue to be subject to the basic requirement to 49.24(a) through (i) and redesignated to 40 CFR issue any necessary or appropriate FIP provisions 970 (2001) (upholding the TAR); see also Alaska v. 49.5513(a) through (i). See 76 FR 23879 (April 29, for affected tribal areas within some reasonable Native Village of Venetie Tribal Government, 533 2011). time. See 63 FR 7264–65. U.S. 520, 526 n.1 (1998) (primary jurisdiction over 18 75 FR 10174 (March 5, 2010). 10 Indian country generally lies with federal 45 FR 80084 (December 2, 1980), codified at 40 19 79 FR 46514 (August 8, 2014). CFR 51.300–51.307. government and tribes, not with states). 20 https://www.powermag.com/utility-owners- 11 7 59 FR 43956 (August 25, 1994); 63 FR 7253 52 FR 45132 (November 24, 1987). vote-to-shut-down-coal-fired-2-2-gw-navajo- (February 12, 1998). 12 56 FR 50172 (October 3, 1991), codified at 40 generating-station/. 8 63 FR 7253 at 7262 (February 12, 1998); 59 FR CFR 52.145. 21 Letter dated November 27, 2019, from Kenneth 43956 at 43960–43961 (August 25, 1994) (citing, 13 40 CFR 52.145(d)(7). Joe Frazier, SRP, to Elizabeth Adams, EPA, among other things, to CAA sections 101(b)(1), 14 56 FR 50172 (October 3, 1991). regarding ‘‘Navajo Generating Station—Notification 301(a), and 301(d)). 15 64 FR 48725 (September 8, 1999). of BART Alternative.’’

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timeframe was consistent with the terms closed, and the dedicated rail line needed to satisfy requirements of the NGS Extension Lease agreement linking the mine to NGS has been concerning attainment or reasonable between the Navajo Nation and the dismantled. In addition, the three 775- further progress. Therefore, we propose owners of NGS prohibiting the foot stacks at NGS have been to find that rescission of the 1991 FIP combustion of coal at NGS after demolished.26 will not interfere with any applicable December 22, 2019. After November 18, Because NGS has permanently ceased CAA requirements. 2019, the owners and operator of NGS operation and all equipment subject to The provisions of the 2010 FIP at 40 began decommissioning the facility. On the NGS FIP is no longer operational, CFR 49.5513(a) through (i) apply to November 30, 2020, SRP withdrew its and because the facility no longer holds Units 1, 2, and 3, equipment associated CAA title V operating permit renewal a valid CAA title V permit to operate, with coal and ash handling, and the two application that it had submitted to the the EPA is proposing to rescind the FIP auxiliary steam boilers at NGS, and Navajo Nation Environmental Protection for NGS at 40 CFR 52.145(d) and 40 CFR established emissions limitations and Agency (Navajo Nation EPA), and 49.5513. associated continuous monitoring, requested that the EPA rescind the NGS The provisions of the 1991 FIP at 40 testing and reporting requirements for 30 FIP.22 CFR 52.145(d) applied to the fossil fuel- SO2, PM, dust, and opacity. The 2010 On December 18, 2020, the Navajo fired steam-generating units designated FIP also includes provisions related to Nation EPA notified SRP that effective as Units 1, 2, and 3, and NGS and compliance certifications, equipment 31 December 1, 2020, expiration of the title addressed emissions limitations for SO2, operations, and enforcement. V permit terminated the ability of NGS specifications for how compliance with Although the testing and monitoring to be operated.23 In that letter, the the emissions limitations would be requirements at 40 CFR 49.5513(e) Navajo Nation EPA noted that NGS had determined, requirements for generally relate to continuous emissions been operating under Permit No. NN– continuous emissions monitoring, and monitoring and periodic source testing ROP–05–06, a title V permit issued on reporting requirements.27 Because the for SO2, NOX, and PM emissions from July 7, 2008. The permit was set to the facility, one provision required SRP SO2 emissions limitations in the 1991 expire on July 7, 2013; however, FIP were achievable with the to install, maintain and operate non- because SRP submitted a timely and installation and operation of new flue regulatory ambient monitors at the Glen complete permit renewal application on gas desulfurization units, the 1991 FIP Canyon Dam for PM, nitrogen dioxide 32 March 4, 2013, NGS was able to also specified compliance dates, (NO2), SO2, and ozone. The 2010 FIP continue to operate under the existing schedules of compliance and associated did not elucidate the rationale for title V operating permit while awaiting reporting requirements.28 Finally, the ambient monitoring but generally stated action by the Navajo Nation EPA on the 1991 FIP also included various that ‘‘[t]his final action will help to 24 renewal permit application. As a provisions related to equipment advance the goals of ensuring continued complete renewal application is no operation and maintenance.29 maintenance of the national ambient air longer submitted and pending action by Under 110(l) of the CAA, the EPA quality standards and protecting 33 the Navajo Nation EPA, withdrawal of shall not approve a revision of an visibility.’’ the renewal permit application caused Because NGS has permanently ceased 25 implementation plan if the revision Permit No. NN–ROP–05–06 to expire. would interfere with any applicable operation, the air pollutants regulated Expiration of the operating permit requirements concerning attainment, under the 2010 FIP are no longer terminated the facility’s right to operate. reasonable further progress, or any other emitted from the facility, and the facility In its rescission request, SRP stated applicable requirement of the CAA. no longer operates the coal handling that since ceasing operations all Although this provision does not apply and storage equipment or the fly ash equipment permitted to operate under handling and storage equipment. the title V permit, which includes all directly to the EPA’s revision or rescission of a FIP, we have nonetheless Therefore, the provisions of the 2010 equipment subject to the NGS FIP, are FIP that regulate emissions of air non-operational and in the process of considered whether rescission of the NGS FIP would interfere with any CAA pollutants from NGS are no longer being removed. In addition, electrical necessary to satisfy any CAA and mechanical equipment had been requirements. The 1991 FIP established emissions requirements related to regional haze removed, preventing the combustion of and visibility protection. In addition, limitations for SO emitted from the fuel and equipment operation and 2 the area surrounding NGS is designated fossil fuel-fired steam-generating units eliminating sources of air pollutant attainment, unclassifiable/attainment, or at NGS, as well as associated emissions from the permitted unclassifiable for all NAAQS, therefore, compliance, monitoring, and reporting equipment. The Kayenta Mine, which the provisions of the 2010 FIP are not requirements for the flue gas supplied coal to NGS, has permanently needed to satisfy requirements desulfurization units. Because NGS has concerning attainment or reasonable 22 permanently ceased operation, these Letters dated November 30, 2020 from Joe further progress. The ambient monitors provisions are no longer necessary to Frazier, SRP, to Oliver Whaley, Navajo Nation EPA, at the Glen Canyon Dam are operated by regarding ‘‘Request to Withdraw the Pending satisfy any CAA requirements related to SRP and are not relied upon by any Renewal Application for the Navajo Generating regional haze and visibility protection. Station Title V Permit to Operate—Permit No. NN– state, local or tribal agency to satisfy the In addition, because the area ROP 05–06,’’ and dated November 30, 2020 from minimum monitoring requirements in surrounding NGS is designated Joe Frazier, SRP to John Busterud, EPA Region IX, 40 CFR part 58. Furthermore, data from regarding ‘‘Request to Rescind Navajo Generating attainment, unclassifiable/attainment, or the monitors are not reported to the Station Federal Implementation Plan at 40 CFR unclassifiable for all NAAQS, the 52.145(d) and 49.5513.’’ EPA’s Air Quality System. For these provisions of the 1991 FIP are not 23 Letter dated December 18, 2020, from Ronnie reasons, we propose to determine that Ben, Delegated Executive Director, Navajo Nation the 2010 FIP, including the provisions EPA, to Joe Frazier, Director General Engineering, 26 See, e.g., https://www.powermag.com/ SRP, Subject: ‘‘Expiration of Title V Permit to explosions-topple-smokestacks-of-iconic-navajo- Operate for Navajo Generating Station—Permit No. generating-station/, accessed on December 23, 2020. 30 40 CFR 49.5513(a) through (f). NN–ROP–05–06.’’ 27 40 CFR 52.145 (d)(1) through (5). 31 40 CFR 49.5513(g) through (i). 24 40 CFR 71.7(c)(3). 28 40 CFR 52.145(d)(6) through (8). 32 40 CFR 49.5513(e)(6). 25 Condition IX.R of Permit No. NN–ROP–05–06. 29 40 CFR 52.145(d)(9) though (13). 33 43 FR 10174, 10175 (March 5, 2010).

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requiring operation of ambient monitors C. Regulatory Flexibility Act (RFA) G. Executive Order 13045: Protection of operated at the Glen Canyon Dam, is not Children From Environmental Health needed to satisfy requirements related to I certify that this action will not have Risks and Safety Risks attainment, reasonable further progress, a significant economic impact on a visibility protection, or any other CAA substantial number of small entities The EPA interprets Executive Order requirements. under the RFA. This action will not 13045 as applying only to those The provision of the 2014 FIP at 40 impose any requirements on small regulatory actions that concern CFR 49.5513(j) were promulgated to entities. environmental health or safety risks that satisfy the BART requirements of the the EPA has reason to believe may CAA and the Regional Haze Rule and D. Unfunded Mandates Reform Act disproportionately affect children, per established emissions limitations for (UMRA) the definition of ‘‘covered regulatory action’’ in section 2–202 of the NOX from NGS and associated This action does not contain any requirements, including implementation Executive Order. This action is not unfunded mandate as described in subject to Executive Order 13045 schedules, reporting, monitoring, UMRA, 2 U.S.C. 1531–1538, and does compliance determinations, because it does not concern an not significantly or uniquely affect small environmental health risk or safety risk. recordkeeping, equipment operations, governments. The action imposes no and enforcement.34 Because NGS has enforceable duty on any state, local or H. Executive Order 13211: Actions That permanently ceased operation, the tribal governments or the private sector. Significantly Affect Energy Supply, emissions of NOX regulated under the Distribution, or Use 2014 FIP have also permanently ceased. E. Executive Order 13132: Federalism Therefore, the provisions of the 2014 This action is not subject to Executive FIP, which were intended to satisfy This action does not have federalism Order 13211, because it is not a CAA requirements for visibility implications. It will not have substantial significant regulatory action under protection, are no longer necessary. In direct effects on the states, on the Executive Order 12866. addition, the area surrounding NGS is relationship between the national I. National Technology Transfer and designated attainment, unclassifiable/ government and the states, or on the Advancement Act (NTTAA) attainment, or unclassifiable for all distribution of power and NAAQS. Therefore, we propose to find responsibilities among the various This rulemaking does not involve that the provisions of the 2014 FIP are levels of government. technical standards. not needed to satisfy requirements concerning attainment or reasonable F. Executive Order 13175: Coordination J. Executive Order 12898: Federal further progress or any other applicable With Indian Tribal Governments Actions To Address Environmental CAA requirements. Justice in Minority Populations and This action does not have tribal Low-Income Populations III. Solicitation of Comments implications, as specified in Executive The EPA believes that this action is As described above, the EPA is Order 13175. The Navajo Generating not subject to Executive Order 12898 (59 proposing the rescind the NGS FIP from Station is located on the reservation FR 7629, February 16, 1994) because it 40 CFR 52.145(d) and 40 CFR 49.5513. lands of the Navajo Nation, and the EPA does not establish an environmental The EPA solicits comments on this recognizes there is significant health or safety standard. The facility proposed FIP rescission and will accept community and tribal interest in this has already permanently ceased comments until April 15, 2021. facility. The facility has already permanently ceased operations and this operations and this action simply IV. Statutory and Executive Order action simply proposes to rescind proposes to rescind previously Reviews previously promulgated requirements promulgated requirements applicable to Additional information about these applicable to this shuttered facility. In this shuttered facility. Therefore, the statutes and Executive Orders can be addition, the Navajo Nation EPA has EPA considers this proposed action to found at http://www.epa.gov/laws- already determined that NGS no longer rescind the NGS FIP to have no impacts regulations/laws-and-executive-orders. has the right to operate. This proposed to human health and the environment, and to have no potential A. Executive Order 12866: Regulatory action to rescind the NGS FIP will not have substantial direct effects on any disproportionately high and adverse Planning and Review and Executive effects on minority, low-income, or Indian tribes, on the relationship Order 13563: Improving Regulation and indigenous populations. Regulatory Review between the federal government and Indian tribes, or on the distribution of List of Subjects This action is not a significant power and responsibilities between the regulatory action and was therefore not 40 CFR Part 49 federal government and Indian tribes. submitted to the Office of Management Thus, Executive Order 13175 does not and Budget for review. This proposed Administrative practice and apply to this action. However, on rule applies to only one facility and is procedure, Air pollution control, January 7, 2021, we invited the Navajo therefore not a rulemaking of general Environmental protection, Incorporation applicability. Nation to consult on this proposed by reference, Indians, Intergovernmental action.35 The Navajo Nation did not relations, Reporting and recordkeeping B. Paperwork Reduction Act (PRA) request consultation on this proposed requirements. This action does not impose an FIP rescission. 40 CFR Part 52 information collection burden under the PRA because this action does not 35 Letter dated January 7, 2021 from Elizabeth J. Air pollution control, Environmental contain any information collection Adams, EPA Region IX, to Jonathan Nez, President protection, Incorporation by reference, of the Navajo Nation, Re: Invitation to Consult on activities. a Request from the Salt River Project to Rescind the Intergovernmental relations, Particulate Federal Implementation Plan for the Navajo matter, Reporting and recordkeeping 34 40 CFR 49.5513(j)(1) through (11). Generating Station. requirements, Visibility.

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Dated: February 22, 2021. [email protected]. Follow the online sulfur dioxide. Each federally-approved Deborah Jordan, instructions for submitting comments. SIP protects air quality primarily by Acting Regional Administrator, Region IX. Once submitted, comments cannot be addressing air pollution at its point of For the reasons stated in the edited or removed from Regulations.gov. origin through air pollution regulations preamble, the Environmental Protection The EPA may publish any comment and control strategies. The EPA Agency proposes to amend chapter I, received to its public docket. Do not approved SIP regulations and control strategies are federally enforceable. title 40, of the Code of Federal submit electronically any information An Economic Incentive Program (EIP) Regulations as follows: you consider to be Confidential Business Information (CBI) or other is a program that uses market-based PART 49—INDIAN COUNTRY: AIR information whose disclosure is strategies to reduce emissions of air 1 QUALITY PLANNING AND restricted by statute. Multimedia pollutants. The Texas Diesel Emissions MANAGEMENT submissions (audio, video, etc.) must be Reduction Incentive Program (DERIP) accompanied by a written comment. for On-Road and Non-Road Vehicles is ■ 1. The authority citation for part 49 The written comment is considered the part of the Texas Emissions Reduction continues to read as follows: official comment and should include Program (TERP) that was established by the Texas Legislature in 2001 and Authority: 42 U.S.C. 7401, et seq. discussion of all points you wish to make. The EPA will generally not approved in the Texas SIP as an Subpart L—Implementation plans for consider comments or comment economic incentive program (70 FR tribes—Region IX contents located outside of the primary 48647, August 19, 2005). DERIP submission (i.e. on the web, cloud, or provides grants to eligible individuals, § 49.5513 [Removed and Reserved] other file sharing system). For businesses, or local governments to ■ 2. Remove and reserve § 49.5513. additional submission methods, please reduce emissions from diesel-powered contact Carl Young, 214–665–6645, vehicles and equipment in areas PART 52—APPROVAL AND [email protected]. For the full EPA designated as nonattainment for a PROMULGATION OF public comment policy, information NAAQS or other counties identified by 2 IMPLEMENTATION PLANS about CBI or multimedia submissions, the Texas Legislature. In 2019 the Texas Legislature revised ■ and general guidance on making 3. The authority citation for part 52 the eligibility requirements for DERIP. continues to read as follows: effective comments, please visit https:// www.epa.gov/dockets/commenting-epa- As a result, the Texas Commission on Authority: 42 U.S.C. 7401, et seq. dockets. Environmental Quality (TCEQ) revised the DERIP regulations found in Title 30, Subpart D—Arizona Docket: The index to the docket for this action is available electronically at Chapter 114 (Control of Air Pollution § 52.145 [Amended] www.regulations.gov. While all from Motor Vehicles) of the Texas Administrative Code (30 TAC 114). The ■ documents in the docket are listed in 4. Amend § 52.145 by removing and revisions were adopted on June 10, 2020 reserving paragraph (d). the index, some information may not be publicly available due to docket file size and submitted to the EPA as a SIP [FR Doc. 2021–04352 Filed 3–15–21; 8:45 am] restrictions or content (e.g., CBI). revision on August 13, 2020. BILLING CODE 6560–50–P Specifically, the TCEQ revisions: (1) FOR FURTHER INFORMATION CONTACT: Carl Changed the minimum required usage Young, EPA Region 6 Office, for grant-funded vehicles and ENVIRONMENTAL PROTECTION Infrastructure and Ozone Section, 214– equipment in the eligible area from 75% AGENCY 665–6645, [email protected]. Out of to 55% (30 TAC 114.622), and (2) an abundance of caution for members of removed Victoria County from the list of 40 CFR Part 52 the public and our staff, the EPA Region counties eligible for DERIP grants (30 6 office will be closed to the public to [EPA–R06–OAR–2020–0713; FRL–10020– TAC 114.629). A copy of the SIP 73–Region 6] reduce the risk of transmitting COVID– revision submitted to EPA is available 19. We encourage the public to submit in the electronic docket for this action. Air Plan Approval; Texas; Revisions to comments via https:// the Texas Diesel Emissions Reduction www.regulations.gov, as there will be a II. The EPA’s Evaluation Incentive Program delay in processing mail and no courier We approved DERIP regulations into or hand deliveries will be accepted. the Texas SIP in 2005 (70 FR 48647, AGENCY: Environmental Protection Please call or email the contact listed August 19, 2005). More recently, we Agency (EPA). above if you need alternative access to approved updates to DERIP regulations ACTION: Proposed rule. material indexed but not provided in in 2018 (83 FR 50018, October 4, 2018). the docket. This SIP revision further updates DERIP SUMMARY: Pursuant to the Federal Clean SUPPLEMENTARY INFORMATION: regulations. The effect of this update is Air Act (CAA or the Act), the Throughout this document wherever to: (1) Allow more diesel vehicles and Environmental Protection Agency (EPA) ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean equipment in nonattainment areas or is proposing to approve a revision to the the EPA. Texas State Implementation Plan (SIP) 1 For more information on EIPs see ‘‘Improving that pertains to the Texas Diesel I. Background Air Quality with Economic Incentive Programs’’, Emissions Reduction Incentive Program, Section 110 of the CAA requires states EPA–452/R–01–001, January 2001, available at submitted on August 13, 2020. https://www.epa.gov/sites/production/files/2015- to develop and submit to the EPA a SIP 07/documents/eipfin.pdf. DATES: Written comments must be to ensure that state air quality meets 2 For more information on TERP and DERIP received on or before April 15, 2021. National Ambient Air Quality Standards please see ‘‘Texas Emissions Reduction Plan ADDRESSES: Submit your comments, (NAAQS). These ambient standards Biennial Report (2019–2020), Report to the 87th Texas Legislature, December 2020, SFR–079/20’’. identified by Docket No. EPA–R06– currently address six criteria pollutants: The document is available at: https:// OAR–2020–0713, at https:// Carbon monoxide, nitrogen dioxide, www.tceq.texas.gov/assets/public/comm_exec/ www.regulations.gov or via email to ozone, lead, particulate matter, and pubs/sfr/079-20.pdf.

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