Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations 8699 

Name of non-regulatory SIP revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

*******

Second Maintenance Plan for the Altoona (Blair County) 1997 8-Hour 

Ozone Nonattainment Area.

Blair County ....................... 2/27/20 2/9/21, [insert Federal 

Register citation].

* * * * * 

[FR Doc. 2021–02583 Filed 2–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2019–0527; FRL–10018– 

21–Region 3] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; State of 

Maryland; Control of Emissions From 

Existing Sewage Sludge Incineration 

Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a negative 

declaration submitted by the State of 

Maryland for Sewage Sludge 

Incineration (SSI) units. This negative 

declaration submitted by the Maryland 

Department of the Environment (MDE) 

certifies that SSI units subject to 

sections 111(d) and 129 of the Clean Air 

Act (CAA) do not exist within the 

jurisdiction of the State of Maryland. 

EPA is approving this certification in 

accordance with the requirements of the 

CAA. 

DATES: This final rule is effective on 

March 11, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2019–0527. 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 (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Willson, Permits Branch 

(3AD10), Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, PA 19103. The telephone 

number is (215) 814–5795. Mr. Willson 

can also be reached via electronic mail 

at Willson.Matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 15, 2020 (85 FR 42807), EPA 

published a notice of proposed 

rulemaking (NPRM) for the State of 

Maryland. In the NPRM, EPA proposed 

approval of a negative declaration 

submitted by the State of Maryland for 

Sewage Sludge Incineration (SSI) units. 

This negative declaration submitted by 

MDE certifies that SSI units subject to 

sections 111(d) and 129 of the CAA do 

not exist within the jurisdiction of the 

State of Maryland. The negative 

declaration was submitted by MDE on 

January 20, 2017. 

The CAA requires that state regulatory 

agencies implement emission guidelines 

and associated compliance times using 

a state plan developed under sections 

111(d) and 129 of the CAA. The general 

provisions for the submittal and 

approval of state plans are codified in 

40 Code of Federal Regulations (CFR) 

part 60, subpart B and 40 CFR part 62, 

subpart A. Section 111(d) establishes 

general requirements and procedures on 

state plan submittals for the control of 

designated pollutants. Section 129 

requires emission guidelines to be 

promulgated for all categories of solid 

waste incineration units, including SSI 

units. SSI units are defined at 40 CFR 

60.5250 as ‘‘an incineration unit 

combusting sewage sludge for the 

purpose of reducing the volume of the 

sewage sludge by removing combustible 

matter. Sewage sludge incineration unit 

designs include fluidized bed and 

multiple hearth. A SSI unit also 

includes, but is not limited to, the 

sewage sludge feed system, auxiliary 

fuel feed system, grate system, flue gas 

system, waste heat recovery equipment, 

if any, and bottom ash system. The SSI 

unit includes all ash handling systems 

connected to the bottom ash handling 

system. The combustion unit bottom ash 

system ends at the truck loading station 

or similar equipment that transfers the 

ash to final disposal. The SSI unit does 

not include air pollution control 

equipment or the stack.’’ 

Section 129 mandates that all plan 

requirements be at least as protective as 

the promulgated emission guidelines. 

This includes fixed final compliance 

dates, fixed compliance schedules, and 

title V permitting requirements for all 

affected sources. Section 129 also 

requires that state plans be submitted to 

EPA within one year after EPA’s 

promulgation of the emission guidelines 

and compliance times. 

States have options other than 

submitting a state plan in order to fulfill 

their obligations under CAA sections 

111(d) and 129. If a state does not have 

any existing SSI units for the relevant 

emission guidelines, a letter can be 

submitted certifying that no such units 

exist within the state (i.e., negative 

declaration) in lieu of a state plan, in 

accordance with 40 CFR 60.5010. The 

negative declaration exempts the state 

from the requirements of subpart B that 

would otherwise require the submittal 

of a CAA section 111(d)/129 plan. 

On March 21, 2011 (76 FR 15372), 

EPA finalized emission guidelines for 

SSI units at 40 CFR part 60, subpart 

MMMM. Following the 2011 final rule, 

MDE determined that there was one SSI 

facility in Maryland that met the 

applicability criteria for the Federal 

plan. On January 20, 2017, MDE 

submitted a letter to EPA requesting full 

delegation of authority to implement the 

SSI Federal plan. However, that facility 

has now permanently shut down and 

has relinquished its title V permit to 

operate. Accordingly, MDE sent a 

negative declaration for SSI units on 

April 3, 2020. 

II. Final Action 

In this action, EPA amends 40 CFR 

part 62 to reflect receipt of the negative 

declaration letter from MDE, received 

April 3, 2020, certifying that there are 

no existing SSI units subject to 40 CFR 

part 60, subpart MMMM, in accordance 

with section 111(d) and 129 of the CAA. 

EPA is accepting the negative 

declaration in accordance with the 


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8700 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations 

requirements of the CAA and 40 CFR 

60.23(b) and 62.06. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

EPA’s role with regard to negative 

declarations for designated facilities 

received by EPA from states is to notify 

the public of the receipt of such 

negative declarations and revise 40 CFR 

part 62 accordingly. This action 

approves the state’s negative declaration 

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 

regulatory action because this action is 

not significant 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). 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 12, 2021. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action, 

approving a negative declaration 

submitted by MDE stating that there are 

no Sewage Sludge Incineration (SSI) 

units in the state of Maryland subject to 

sections 111(d) and 129 of the CAA, 

may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2)). 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Sewage sludge 

incineration units. 

Dated: February 3, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA 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 V—Maryland 

■ 2. Add an undesignated center 

heading and § 62.4690 to read as 

follows: 

Air Emissions From Existing Sewage 

Sludge Incinerators (SSI)—Section 

111(d)/129 Federal Plan Delegations 

§ 62.4690 Identification of plan—negative 

declaration. 

Letter from the State of Maryland, 

Department of the Environment, 

submitted April 3, 2020, certifying that 

there are no existing sewage sludge 

incineration units within the State of 

Maryland that are subject to 40 CFR part 

60, subpart MMMM. 

[FR Doc. 2021–02617 Filed 2–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0568; FRL–10017–55] 

Extension of Tolerances for 

Emergency Exemptions; Multiple 

Chemicals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation extends timelimited tolerances for residues of the 

pesticides clothianidin, methyl 

bromide, and triclopyr in or on various 

commodities, as identified in this 

document. These actions are in response 

to EPA’s granting of emergency 

exemptions under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) authorizing use of these 

pesticides. In addition, the Federal 

Food, Drug, and Cosmetic Act (FFDCA) 

requires EPA to establish a time-limited 

tolerance or exemption from the 

requirement for a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA. Additionally, EPA is removing 

time-limited tolerances for flonicamid 

on prickly pear, fruit and pads at 1.5 

ppm because this exemption will not be 

renewed, and the tolerances will expire 

by the effective date of this rule. EPA is 

also making non-substantive 

administrative revisions to the tolerance 

listings for methyl bromide to update 

the commodity terminology. 

DATES: This regulation is effective 

February 9, 2021. Objections and 

requests for hearings must be received 

on or before April 12, 2021 and must be 

filed in accordance with the instructions 


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