[Federal Register Volume 85, Number 222 (Tuesday, November 17, 2020)]
[Notices]
[Pages 73271-73272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23921]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2019-0471; FRL-10015-27-Region 9]


Delegation of the Title V Permitting Program to the Navajo Nation 
Environmental Protection Agency for the Former Bennett Freeze

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The purpose of this notice is to announce that the 
Environmental Protection Agency (EPA), Region IX granted the Navajo 
Nation Environmental Protection Agency's (NNEPA) request to supplement 
its delegation of authority to administer the Clean Air Act (the Act) 
Federal title V operating permits program. Under this supplemental 
delegation, the NNEPA's authority to issue and implement title V 
operating permits pursuant to EPA regulations is geographically 
extended to include an area located in the western portion of the 
Navajo Nation reservation known as the Former Bennett Freeze. The terms 
and conditions of the supplemental delegation are specified in a Second 
Supplemental Delegation of Authority Agreement (Agreement) between the 
EPA Region IX and the NNEPA, effective on July 28, 2020.

DATES: The effective date for the Agreement between the EPA and the 
NNEPA is July 28, 2020. Pursuant to section 307(b)(1) of the Clean Air 
Act, judicial review of this final decision, to the extent it is 
available, may be sought by filing a petition for review in the United 
States Court of Appeals for the Ninth Circuit within 60 days of 
November 17, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0471. Publicly available docket 
materials, including the Agreement, are available through https://www.regulations.gov, or by contacting the person identified in the FOR 
FURTHER INFORMATION CONTACT section. Effective July 28, 2020 all 
notifications, requests, applications, reports and other correspondence 
required under 40 CFR part 71 for the Former Bennett Freeze must be 
submitted to the NNEPA's Air Quality Control Program Office at the 
following address: NNEPA--Operating Permit Program, P.O. Box 529, Fort 
Defiance, AZ 86504, Attn: Glenna Lee.

FOR FURTHER INFORMATION CONTACT: Lisa Beckham, Air Permits Office (Air-
3-1), Air & Radiation Divison, EPA Region IX, (415) 972-3811, 
beckham.lisa@epa.gov.

SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce 
that effective on July 28, 2020, the EPA Region IX granted the NNEPA's 
request to supplement its existing full delegation of authority to 
administer the part 71 Federal operating permits program to include the 
Former Bennett Freeze.
    Previously, on October 15, 2004, the EPA and the Navajo Nation (or 
``Tribe'') entered into an initial delegation of authority agreement, 
which authorized the Tribe to administer the part 71 program on behalf 
of the EPA for all sources located within a Delegated Program Area 
specified in that agreement. At that time, the Tribe did not request 
that the EPA make any determination regarding the Tribe's eligibility 
to administer the part 71 program over two coal-fired generating 
stations located on the Reservation (the Four Corners Power Plant and 
the Navajo Generating Station), and an area within the western portion 
of the Navajo Nation Reservation known as the ``Former Bennett 
Freeze.'' On March 21, 2006, the EPA and the NNEPA entered into a 
supplemental delegation of authority agreement for the purpose of 
delegation of administration of the part 71 program over the Four 
Corners Power Plant and the Navajo Generating Station.
    The Act and its implementing regulations under 40 CFR part 71 
authorize the EPA to delegate authority to administer the part 71 
program to any eligible tribe that submits a demonstration of adequate 
regulatory procedures and authority for administration of the part 71 
operating permits program.
    In order to be considered an ``eligible tribe,'' the NNEPA 
submitted, on October 31, 2018, an application for a determination, 
under the provisions of the Tribal Authority Rule (TAR), 40 CFR part 
49, that it is eligible to be treated

[[Page 73272]]

in the same manner as a state for the purpose of receiving delegation 
of authority to administer the Federal part 71 operating permit program 
for the Former Bennett Freeze. The EPA Region IX reviewed NNEPA's 
application and determined that it met the four criteria for 
eligibility, identified in 40 CFR 49.6, for the Former Bennett Freeze, 
and was thus eligible for entering into a supplemental delegation 
agreement with the EPA Region IX to administer the part 71 program for 
the Former Bennett Freeze.\1\ The EPA Region IX's eligibility 
determination was signed on April 28, 2020.
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    \1\ The Tribe's initial delegation agreement excluded the Former 
Bennett Freeze because of ongoing litigation between the Hopi Tribe 
and the Navajo Nation. On December 4, 2006, the U.S. District Court 
for the District of Arizona found that lands in the Former Bennett 
Freeze were no longer ``under litigation'', and that the 
restrictions on development were no longer in force. Honyoama v. 
Shirley. No CIV74-842-PHX EHC (D. Ariz.) (Order and final judgement, 
Dec 4, 2006).
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    Pursuant to 40 CFR 71.10(b), the EPA Region IX herby notifies the 
public that effective July 28, 2020, it granted the NNEPA's request and 
is fully delegating the authority to administer the Federal operating 
permits program for the Former Bennett Freeze as set forth under 40 CFR 
part 71 and in the Agreement. The terms and conditions for the 
supplemental delegation are specified in the Agreement between the EPA 
Region IX and the NNEPA.
    If, at any time, the EPA Region IX determines that the NNEPA is not 
adequately administering or cannot adequately administer the 
requirements of part 71 or fulfill the terms of the Agreement, this 
supplemental delegation may be revoked, in whole or in part, pursuant 
to 40 CFR 71.10(c), after appropriate consultation with the NNEPA. The 
EPA will notify the public through a Federal Register notice of a 
partial or full termination of this Agreement.
    Under the supplemental delegation, the EPA retains the authority to 
(1) object to the issuance of any part 71 permit for sources located in 
the Former Bennett Freeze, (2) act upon petitions submitted by the 
public regarding sources in the Former Bennett Freeze, and (3) collect 
fees from the owners or operators of any sources in the Former Bennett 
Freeze if it is demonstrated that the NNEPA is not adequately 
administering the part 71 program with respect to the Former Bennett 
Freeze, in accordance with the Agreement, 40 CFR part 71, and/or the 
Act. Because the EPA is retaining its authority to act upon petitions 
submitted pursuant to 40 CFR 71.10(h) and 71.11(n), any such petitions 
must be submitted to the EPA Region IX following the procedures set 
forth in those regulations.

    Dated: October 21, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-23921 Filed 11-16-20; 8:45 am]
BILLING CODE 6560-50-P


