Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Proposed Rules 11211 

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. 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 

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

this action does not involve technical 

standards; 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). 

As discussed above, the SIP is not 

approved to apply on any Indian 

reservation land in within Spokane 

county, or any other area where the EPA 

or an Indian tribe has demonstrated that 

a tribe has jurisdiction as described 

above in section III.D of this document. 

In those areas of Indian country, the rule 

does not have tribal implications and 

will not impose substantial direct costs 

on tribal governments or preempt tribal 

law as specified by Executive Order 

13175 (65 FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 9, 2021. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2021–03035 Filed 2–23–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2020–0739; FRL–10020– 

10–Region 8] 

Approval and Promulgation of 

Implementation Plans; South Dakota; 

Revisions to Air Rules of South Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of South 

Dakota on January 3, 2020 that revises 

the Administrative Rules of South 

Dakota (ARSD), Air Pollution Control 

Program, updating the chapter 

pertaining to definitions. The EPA is 

taking this action pursuant to the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before March 26, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2020–0739, to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of the 

docket. Please email or call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section if you need to make 

alternative arrangements for access to 

the docket. 

FOR FURTHER INFORMATION CONTACT: Kate 

Gregory, (303) 312–6175, gregory.kate@

epa.gov. Mail can be directed to the Air 

and Radiation Division, U.S. EPA, 

Region 8, Mail-code 8ARD–QP, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

On January 3, 2020 the State of South 

Dakota submitted proposed revisions 

and additions to the ARSD. In this 

action, we are proposing to approve the 

additions to the ARSD pertaining to the 

definitions section. 

II. EPA’s Evaluation 

On January 3, 2020 the EPA received 

revisions for the ARSD for the State of 

South Dakota. The submittal was signed 

by the Governor and received a 30-day 

State public comment period starting on 

November 26, 2019 (no requests were 

made for a public hearing). The EPA is 

proposing to approve the revisions to 

the ARSD, specifically the additions to 

the definitions section, for the State of 

South Dakota submitted by the State on 

January 3, 2020 in this action. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
11212 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Proposed Rules 

1The additional revisions and additions to the 

ARSD as they relate to the SIP referenced in the 

January 3, 2020 ARSD rule revision submission by 

the State of South Dakota were approved in a prior 

rule: Air Quality State Implementation Plans; 

Approval and Promulgation of Implementation 

Plans; South Dakota; Infrastructure Requirements 

for the 2015 Ozone National Ambient Air Quality 

Standards; Revisions to Administrative Rules (85 

FR 67653). 

III. Proposed Action 

In this action, the EPA is proposing to 

approve the revisions to the ARSD 

submitted by the State of South Dakota 

on January 3, 2020, specifically the 

additions of 74:36:01(74) and 

74:36:01(75) in the definitions section of 

the ARSD.1 The subsections of the 

ARSD definitions section we are 

proposing to approve, 74:36:01(74) and 

74:36:01(75), contain the definitions of 

‘closed landfill’ and ‘closed landfill 

subcategory’ respectively. In this action, 

we are proposing to approve the 

addition of the abovementioned 

subsections to the definitions section of 

the ARSD. Additional revisions and 

additions to the ARSD, related to 

content including ‘closed landfill’ and 

‘closed landfill subcategory’ have been 

proposed for approval in a separate 

document [(85 FR 68538) Approval and 

Promulgation of State Plans for 

Designated Facilities and Pollutants; 

South Dakota; Control of Emissions 

From Existing Municipal Solid Waste 

Landfills]. 

In the table below, the key is as 

follows: 

A—Approve. 

D—Disapprove. 

TABLE 1—ARSD ADDITIONS THAT THE

EPA IS PROPOSING TO ACT ON

Additions the Administrative Rules of 

South Dakota (ARSD) 

74:36:01(74) ..................................... A 

74:36:01(75) ..................................... A 

IV. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference South Dakota’s 

January 3, 2020 submission of the ARSD 

of the State of South Dakota as 

described in the Proposed Action 

section of this preamble. The EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 8 Office (please contact the 

persons identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide 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). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: February 3, 2021. 

Debra Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2021–02680 Filed 2–23–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R06–OAR–2021–0059; FRL–10020– 

27–Region 6] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; Louisiana; 

Control of Emissions From Existing 

Other Solid Waste Incineration Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed 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 a CAA section 111(d)/129 

negative declaration from Louisiana for 

existing incinerators subject to the Other 

Solid Waste Incineration units (OSWI) 

Emission Guidelines (EG). This negative 

declaration certifies that existing 

incinerators subject to the OSWI EG and 

the requirements of sections 111(d) and 

129 of the CAA do not exist within 

Louisiana. The EPA is proposing to 

accept the negative declaration and 

amend the agency regulations in 

accordance with the requirements of the 

CAA. 

DATES: Written comments must be 

received on or before March 26, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2021–0059, at https://

www.regulations.gov or via email to 


khammond on DSKJM1Z7X2PROD with PROPOSALS