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 


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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Proposed Rules 11213 

1These incinerators include both OSWI and air 

curtain incinerators (ACI). These ACI that are 

subject to the OSWI EG at 40 CFR part 60, subpart 

FFFF, are those ACI that may not fit the definition 

of an ‘‘OSWI’’ under the OSWI EG as they burn 

certain types of wastes. See 40 CFR 60.2994(b) and 

40 CFR 60.3078. 

2The court ordered deadline to promulgate the 

final OSWI review is May 31, 2021. Sierra Club v. 

Wheeler, 330 F. Supp. 3d 407. (D.D.C. 2018). 

3The Louisiana negative declaration letter for 

incinerators subject to the OSWI EG does not cover 

sources located in Indian country. 

ruan-lei.karolina@epa.gov. Follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

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, please 

contact Karolina Ruan Lei, (214) 665– 

7346, ruan-lei.karolina@epa.gov. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov. While all 

documents in the docket are listed in 

the index, some information may not be 

publicly available due to docket file size 

restrictions or content (e.g., CBI). 

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. We encourage the public to submit 

comments via https://

www.regulations.gov, as there will be a 

delay in processing mail and no courier 

or hand deliveries will be accepted. 

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 

Sections 111(d) and 129 of the CAA 

require states to submit plans to control 

certain pollutants (designated 

pollutants) at existing solid waste 

combustor facilities (designated 

facilities) whenever standards of 

performance have been established 

under section 111(b) for new sources of 

the same type, and the EPA has 

established emission guidelines for such 

existing sources. CAA section 129 

directs the EPA to establish standards of 

performance for new sources (NSPS) 

and emissions guidelines (EG) for 

existing sources for each category of 

solid waste incineration unit. Under 

CAA section 129, NSPS and EG must 

contain numerical emissions limitations 

for particulate matter, opacity (as 

appropriate), sulfur dioxide, hydrogen 

chloride, oxides of nitrogen, carbon 

monoxide, lead, cadmium, mercury, and 

dioxins and dibenzofurans. While NSPS 

are directly applicable to affected 

facilities, EG for existing units are 

intended for states to use to develop a 

state plan to submit to the EPA. Once 

approved by the EPA, the state plan 

becomes federally enforceable. If a state 

does not submit an approvable state 

plan to the EPA, the EPA is responsible 

for developing, implementing, and 

enforcing a federal plan. 

The regulations at 40 CFR part 60, 

subpart B, contain general provisions 

applicable to the adoption and submittal 

of state plans for controlling designated 

pollutants. Additionally, 40 CFR part 

62, subpart A, provides the procedural 

framework by which EPA will approve 

or disapprove such plans submitted by 

a state. When an affected facility is 

located in a state, the state must then 

develop and submit a plan for the 

control of the designated pollutant. 

However, 40 CFR 60.23(b) and 62.06 

provide that if there are no existing 

sources of the designated pollutant in 

the state, the state may submit a letter 

of certification to that effect (i.e., 

negative declaration) in lieu of a plan. 

The negative declaration exempts the 

state from the requirements of subpart B 

that require the submittal of a CAA 

section 111(d)/129 plan. 

EPA promulgated the OSWI NSPS 

and EG on December 16, 2005, codified 

at 40 CFR part 60, subparts EEEE and 

FFFF, respectively (70 FR 74870). Thus, 

states were required to submit plans for 

incinerators subject to the OSWI EG 

pursuant to sections 111(d) and 129 of 

the Act and 40 CFR part 60, subpart B. 

The designated facilities to which the 

OSWI EG apply are existing 

incinerators 1 subject to the OSWI EG 

that commenced construction on or 

before December 9, 2004, and were not 

modified or reconstructed on or after 

June 16, 2006, as specified in 40 CFR 

60.2991 and 60.2992, with limited 

exceptions as provided under 40 CFR 

60.2993. The EPA proposed revisions to 

the OSWI EG and NSPS on August 31, 

2020 (85 FR 54178). When the EPA 

finalizes the revisions to the OSWI EG,2

each state (and air quality control 

jurisdiction) will need to submit a 

negative declaration or plan, as 

applicable, for those sources subject to 

the requirements of the revised OSWI 

EG. 

The Louisiana Department of 

Environmental Quality (LDEQ) 

determined that there are no sources 

subject to the OSWI EG in its individual 

air pollution control jurisdiction in 

Louisiana. In order to fulfill its 

obligations under CAA sections 111(d) 

and 129, LDEQ submitted a negative 

declaration certifying that incinerators 

subject to the OSWI EG and the 

requirements of sections 111(d) and 129 

of the CAA do not exist within its 

jurisdiction. LDEQ submitted its OSWI 

negative declaration letter to the EPA on 

November 24, 2020.3 A copy of the 

negative declaration letter can be found 

in the docket for this rulemaking. EPA 

is notifying the public that the negative 

declaration fulfills LDEQ’s obligations 

under CAA sections 111(d) and 129. 

The submittal of this negative 

declaration exempts Louisiana from the 

requirement to submit a state plan for 

incinerators subject to the OSWI EG 

under 40 CFR part 60, subpart FFFF. 

II. Proposed Action 

The EPA is proposing to amend 40 

CFR part 62, subpart T, to reflect receipt 

of the negative declaration letter from 

LDEQ, submitted on November 24, 

2020, certifying that there are no 

existing incinerators subject to the 

OSWI EG at 40 CFR part 60, subpart 

FFFF, in Louisiana in accordance with 

40 CFR 60.2982, 40 CFR 60.23(b), 40 

CFR 62.06, and sections 111(d) and 129 

of the CAA. 

III. 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 FFFF; and 40 

CFR part 62, subpart A. With regard to 


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11214 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Proposed Rules 

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 

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 proposed 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 11, 2021. 

David Gray, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2021–03196 Filed 2–23–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 70 

[EPA–R08–OAR–2020–0722; FRL–10019– 

26–Region 8] 

Proposed Full Approval of Revised 

Clean Air Act Operating Permit 

Program; North Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the ‘‘Agency’’) is 

proposing full approval of the revised 

and recodified North Dakota operating 

permit program for stationary sources 

subject to title V of the Clean Air Act 

(CAA or the ‘‘Act’’). On August 6, 2018, 

North Dakota submitted a request for 

approval of its revisions to the North 

Dakota operating permit program (the 

‘‘title V program’’) for stationary sources 

subject to title V of the CAA and 

recodification of the State’s title V 

program under a new title of the North 

Dakota Administrative Code (NDAC). 

The EPA determined that the revised 

and recodified program substantially 

met the requirements of title V of the 

Act and Code of Federal Regulations 

(CFR) but was not fully approvable 

because the State law provisions for 

judicial review were not consistent with 

program requirements found in the CFR. 

Thus, EPA issued an interim approval of 

North Dakota’s title V program. North 

Dakota has made the changes required 

for full program approval. Accordingly, 

the EPA is proposing this action in 

accordance with the CAA and CFR title 

V program approval requirements. 

DATES: Written comments must be 

received on or before March 26, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2020–0722, 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://www.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: 

Gregory Lohrke, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD, 1595 Wynkoop Street, Denver, 

Colorado, 80202–1129, (303) 312–6396, 

lohrke.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

Proposed Action: In the ‘‘Rules and 

Regulations’’ section of this issue of the 

Federal Register, the EPA is publishing 

a direct final rule without prior proposal 

to amend 40 CFR part 70 to reflect the 

full final approval of the North Dakota 

title V program. The EPA views this as 

a noncontroversial action and 

anticipates no adverse comments. A 

detailed rationale for the action is set 

forth in the preamble to the direct final 

rule. If the EPA receives no adverse 

comments, EPA contemplates no further 

action. If the EPA receives adverse 

comments, EPA will withdraw the 

direct final rule and will address all 

public comments in a subsequent final 

rule based on this proposed rule. The 

EPA will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For additional 

information, see the direct final rule of 


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