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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules
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timeframe was consistent with the terms of the NGS Extension Lease agreement between the Navajo Nation and the owners of NGS prohibiting the combustion of coal at NGS after December 22, 2019. After November 18, 2019, the owners and operator of NGS
began decommissioning the facility. On November 30, 2020, SRP withdrew its CAA title V operating permit renewal application that it had submitted to the Navajo Nation Environmental Protection Agency Navajo Nation EPA, and requested that the EPA rescind the NGS
FIP.22
On December 18, 2020, the Navajo Nation EPA notified SRP that effective December 1, 2020, expiration of the title V permit terminated the ability of NGS
to be operated.23 In that letter, the Navajo Nation EPA noted that NGS had been operating under Permit No. NN
ROP0506, 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. NNROP0506 to expire.25
Expiration of the operating permit terminated the facilitys right to operate.
In its rescission request, SRP stated that since ceasing operations all equipment permitted to operate under the title V permit, which includes all equipment subject to the NGS FIP, are non-operational and in the process of being removed. In addition, electrical and mechanical equipment had been removed, preventing the combustion of fuel and equipment operation and eliminating sources of air pollutant emissions from the permitted equipment. The Kayenta Mine, which supplied coal to NGS, has permanently 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 OperatePermit No. NN
ROP 0506, 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
52.145d and 49.5513.
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 StationPermit No.
NNROP0506.
24 40 CFR 71.7c3.
25 Condition IX.R of Permit No. NNROP0506.

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closed, and the dedicated rail line linking the mine to NGS has been dismantled. In addition, the three 775foot stacks at NGS have been demolished.26
Because NGS has permanently ceased operation and all equipment subject to the NGS FIP is no longer operational, and because the facility no longer holds a valid CAA title V permit to operate, the EPA is proposing to rescind the FIP
for NGS at 40 CFR 52.145d and 40 CFR
49.5513.
The provisions of the 1991 FIP at 40
CFR 52.145d applied to the fossil fuelfired steam-generating units designated as Units 1, 2, and 3, and NGS and addressed emissions limitations for SO2, specifications for how compliance with the emissions limitations would be determined, requirements for continuous emissions monitoring, and reporting requirements.27 Because the SO2 emissions limitations in the 1991
FIP were achievable with the installation and operation of new flue gas desulfurization units, the 1991 FIP
also specified compliance dates, schedules of compliance and associated reporting requirements.28 Finally, the 1991 FIP also included various provisions related to equipment operation and maintenance.29
Under 110l 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 EPAs revision or rescission of a FIP, we have nonetheless considered whether rescission of the NGS FIP would interfere with any CAA
requirements.
The 1991 FIP established emissions limitations for SO2 emitted from the fossil fuel-fired steam-generating units at NGS, as well as associated compliance, monitoring, and reporting requirements for the flue gas desulfurization units. Because NGS has permanently ceased operation, these provisions are no longer necessary to satisfy any CAA requirements related to regional haze and visibility protection.
In addition, because the area surrounding NGS is designated attainment, unclassifiable/attainment, or unclassifiable for all NAAQS, the provisions of the 1991 FIP are not 26 See, e.g., https www.powermag.com/
explosions-topple-smokestacks-of-iconic-navajogenerating-station/, accessed on December 23, 2020.
27 40 CFR 52.145 d1 through 5.
28 40 CFR 52.145d6 through 8.
29 40 CFR 52.145d9 though 13.

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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 49.5513a through i apply to Units 1, 2, and 3, equipment associated with coal and ash handling, and the two auxiliary steam boilers at NGS, and established emissions limitations and associated continuous monitoring, testing and reporting requirements for SO2, PM, dust, and opacity.30 The 2010
FIP also includes provisions related to compliance certifications, equipment operations, and enforcement.31
Although the testing and monitoring requirements at 40 CFR 49.5513e generally relate to continuous emissions monitoring and periodic source testing for SO2, NOX, and PM emissions from the facility, one provision required SRP
to install, maintain and operate nonregulatory ambient monitors at the Glen Canyon Dam for PM, nitrogen dioxide NO2, SO2, and ozone.32 The 2010 FIP
did not elucidate the rationale for ambient monitoring but generally stated that this final action will help to advance the goals of ensuring continued maintenance of the national ambient air quality standards and protecting visibility. 33
Because NGS has permanently ceased operation, the air pollutants regulated under the 2010 FIP are no longer emitted from the facility, and the facility no longer operates the coal handling and storage equipment or the fly ash handling and storage equipment.
Therefore, the provisions of the 2010
FIP that regulate emissions of air pollutants from NGS are no longer necessary to satisfy any CAA
requirements related to regional haze and visibility protection. In addition, the area surrounding NGS is designated attainment, unclassifiable/attainment, or unclassifiable for all NAAQS, therefore, the provisions of the 2010 FIP are not needed to satisfy requirements concerning attainment or reasonable further progress. The ambient monitors at the Glen Canyon Dam are operated by SRP and are not relied upon by any state, local or tribal agency to satisfy the minimum monitoring requirements in 40 CFR part 58. Furthermore, data from the monitors are not reported to the EPAs Air Quality System. For these reasons, we propose to determine that the 2010 FIP, including the provisions 30 40

CFR 49.5513a through f.
CFR 49.5513g through i.
32 40 CFR 49.5513e6.
33 43 FR 10174, 10175 March 5, 2010.
31 40

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