Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations 12109 

* * * * * 

[FR Doc. 2021–04195 Filed 3–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R06–OAR–2020–0315; FRL–10019– 

25–Region 6] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; Arkansas, 

Louisiana, New Mexico, and 

Albuquerque-Bernalillo County, New 

Mexico; Control of Emissions From 

Existing Hospital/Medical/Infectious 

Waste Incinerator Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is notifying the public that we have 

received CAA section 111(d)/129 

negative declarations from Arkansas, 

Louisiana, New Mexico, and 

Albuquerque-Bernalillo County, New 

Mexico, for existing Hospital/Medical/ 

Infectious Waste Incinerator (HMIWI) 

units. These negative declarations 

certify that HMIWI subject to the 

requirements of sections 111(d) and 129 

of the CAA do not exist within the 

jurisdictions of Arkansas, Louisiana, 

New Mexico, and AlbuquerqueBernalillo County. The EPA is accepting 

the negative declarations and amending 

the agency’s regulations in accordance 

with the requirements of the CAA. 

DATES: This rule is effective on April 1, 

2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2020–0315. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karolina Ruan Lei, EPA Region 6 Office, 

Air and Radiation Division—State 

Planning and Implementation Branch, 

1201 Elm Street, Suite 500, Dallas, TX 

75270, (214) 665–7346, ruanlei.karolina@epa.gov. Out of an 

abundance of caution for members of 

the public and our staff, the EPA Region 

6 office will be closed to the public to 

reduce the risk of transmitting COVID– 

19. Please call or email the contact 

listed above if you need alternative 

access to material indexed but not 

provided in the docket. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our July 10, 2020, 

proposal (85 FR 41484). In that 

document we proposed to accept the 

HMIWI negative declarations from the 

Arkansas Department of Environmental 

Quality (ADEQ), Louisiana Department 

of Environmental Quality (LDEQ), 

Oklahoma Department of Environmental 

Quality (ODEQ), New Mexico 

Environment Department (NMED), and 

City of Albuquerque Environmental 

Health Department (AEHD), and to 

amend the Code of Federal Regulations 

(CFR) in accordance with the 

requirements of the CAA. In this 

rulemaking, we are only taking final 

action on the HMIWI negative 

declaration letters from Arkansas, 

Louisiana, New Mexico, and 

Albuquerque-Bernalillo County, New 

Mexico, and amending the CFR 

accordingly. We will take final action on 

the HMIWI negative declaration 

submitted by ODEQ for Oklahoma in a 

future, separate rulemaking. 

II. Response to Comments 

We received two comments on our 

proposal. We have determined that one 

comment has no relevance to the subject 

of this rulemaking and no further 

response is required. The other 

comment recommended that a state plan 

with the more stringent controls and 

results in the cleanest air should be 

adopted. As explained in our proposal, 

the negative declarations received 

reflect the absence of any sources 

subject to the standards of performance 

in the HMIWI Emission Guidelines, 

codified at 40 CFR part 60, subpart Ce, 

and therefore a plan is not required. If 

any sources within the stated 

jurisdictions are later identified as 

subject to the requirements of 40 CFR 

part 60, subpart Ce, then such sources 

would be subject to the federal plan and 

the associated compliance schedule, 

unless and until the EPA approves a 

state plan for those sources. 

III. Final Action 

The EPA is amending 40 CFR part 62 

to reflect receipt of the negative 

declaration letters from ADEQ, LDEQ, 

NMED and AEHD certifying that there 

are no existing HMIWI subject to 40 CFR 

part 60, subpart Ce, in their respective 

jurisdictions in accordance with 40 CFR 

60.23(b), 40 CFR 62.06, and sections 

111(d) and 129 of the CAA. If a 

designated facility (i.e., existing HMIWI) 

is later found within the aforementioned 

jurisdictions after publication of a final 

action, then the overlooked facility will 

become subject to the requirements of 

the federal plan for that designated 

facility, including the compliance 

schedule. The federal plan will no 

longer apply if we subsequently receive 

and approve the section 111(d)/129 plan 

from the jurisdiction with the 

overlooked facility. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a CAA section 

111(d)/129 submission that complies 

with the provisions of the Act and 

applicable Federal regulations. 42 

U.S.C. 7411(d); 42 U.S.C. 7429; 40 CFR 

part 60, subparts B and Ce; and 40 CFR 

part 62, subpart A. With regard to 

negative declarations for designated 

facilities received by the EPA from 

states, the EPA’s role is to notify the 

public of the receipt of such negative 

declarations and revise 40 CFR part 62 

accordingly. For that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 


jbell on DSKJLSW7X2PROD with RULES
12110 Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

This rule also does not have Tribal 

implications because it will not have a 

substantial direct effect on one or more 

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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Dated: February 5, 2021. 

David Gray, 

Acting Regional Administrator, Region 6. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 62 as 

follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart E—Arkansas 

■ 2. Add an undesignated center 

heading following § 62.867 to read as 

follows: 

Emissions From Existing Hospital/ 

Medical/Infectious Waste Incinerators 

■ 3. Add 62.868 to read as follows: 

§ 62.868 Identification of plan—negative 

declaration. 

Letter from the Arkansas Department 

of Environmental Quality dated May 21, 

2012, certifying that there are no known 

existing hospital/medical/infectious 

waste incinerator (HMIWI) units subject 

to 40 CFR part 60, subpart Ce, within its 

jurisdiction. 

Subpart T—Louisiana 

§ 62.4620 [Amended] 

■ 4. Amend § 62.4620 by removing and 

reserving paragraphs (b)(5) and (c)(6). 

■ 5. Revise the undesignated center 

heading above § 62.4633 to read as 

follows: 

Emissions From Existing Hospital/ 

Medical/Infectious Waste Incinerators 

■ 6. Revise § 62.4633 to read as follows: 

§ 62.4633 Identification of plan—negative 

declaration. 

Letter from the Louisiana Department 

of Environmental Quality dated June 25, 

2012, certifying that there are no known 

existing hospital/medical/infectious 

waste incinerator (HMIWI) units subject 

to 40 CFR part 60, subpart Ce, within its 

jurisdiction. 

■ 7. Remove the undesignated center 

heading above § 62.4634. 

§ 62.4634 [Removed] 

■ 8. Remove § 62.4634. 

Subpart GG—New Mexico 

■ 9. Revise § 62.7870 to read as follows: 

§ 62.7870 Identification of plan—negative 

declarations. 

Letters from the New Mexico 

Environment Department and the City 

of Albuquerque Environmental Health 

Department dated February 11, 2014, 

and February 4, 2014, respectively, 

certifying that there are no existing 

hospital/medical/infectious waste 

incinerator (HMIWI) units subject to 40 

CFR part 60, subpart Ce, within their 

respective jurisdictions in the State of 

New Mexico. 

[FR Doc. 2021–02893 Filed 3–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R03–UST–2020–0291; FRL 10018–06– 

Region 3] 

Virginia: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Pursuant to the Solid Waste 

Disposal Act of 1965, as amended 

(commonly known as the Resource 

Conservation and Recovery Act 

(RCRA)), the Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Commonwealth of Virginia’s 

Underground Storage Tank (UST) 

program submitted by the 

Commonwealth of Virginia (Virginia or 

State). This action also codifies EPA’s 

approval of Virginia’s state program and 

incorporates by reference (IBR) those 

provisions of Virginia’s regulations and 

statutes that EPA has determined meet 

the requirements for approval. The 

provisions will be subject to EPA’s 

inspection and enforcement authorities 

under sections 9005 and 9006 of RCRA 

Subtitle I and other applicable statutory 

and regulatory provisions. 

DATES: This rule is effective May 3, 

2021, unless EPA receives significant 

negative comments opposing this action 

by April 1, 2021. If EPA receives 

significant negative comments opposing 

this action, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. The incorporation by 

reference of certain publications listed 

in the regulations is approved by the 

Director of the Federal Register, as of 

May 3, 2021, in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: uybarreta.thomas@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–UST–2020– 

0291. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

available online at https://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through https://

www.regulations.gov, or email. The 

federal website, https://

www.regulations.gov, is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to EPA without 

going through https://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 


jbell on DSKJLSW7X2PROD with RULES