[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23246]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
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 three-month 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-
(2) Email: firstname.lastname@example.org.
(3) Mail or deliver: Anita Lee (Air-2), U.S. Environmental
Protection Agency Region 9, 75 Hawthorne Street, San Francisco, CA
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
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-
SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'',
and ``our'' refer to EPA.
Table of Contents
II. Today's Action
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.
Sec. 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
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
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.
\1\ See ``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-
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.
Acting Air Division Director, Region 9.
[FR Doc. 2013-23246 Filed 9-24-13; 8:45 am]
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