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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations of the FIP from 40 CFR 52.145d 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 EPAs proposed action published on March 16, 2021 described the EPAs authority to promulgate a FIP in Indian country, provided an historical overview of the NGS FIP actions, and described the EPAs 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 52.145d and 40 CFR 49.5513. Please see our proposed rule for additional details.

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II. Public Comments and EPA
Responses The EPAs 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 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.
3 The comments are available in the docket for this rulemaking at https www.regulations.gov/

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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
52.145d 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. 15311538, 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.
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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 2202 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.
4 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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