11916 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, 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. 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 the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. 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. 

FOR FURTHER INFORMATION CONTACT: 

Keila M. Paga ́n-Incle, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2926. Ms. Paga ́n-Incle can also be 

reached via electronic mail at paganincle.keila@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

proposed to approve a state 

implementation plan (SIP) revision 

submitted on March 10, 2020 by the 

Pennsylvania Department of 

Environmental Protection (PADEP). The 

SIP submittal (also referred to as ‘‘1997 

8-hour Ozone National Ambient Air 

Quality Standard Second Maintenance 

Plan for the Youngstown-WarrenSharon Area’’) addresses Clean Air Act 

(CAA) requirements for the 1997 8-hour 

ozone national ambient air quality 

standard (NAAQS) in the YoungstownWarren-Sharon Area. EPA’s October 30, 

2020 notice proposed to approve the 

second maintenance plan for the 

Pennsylvania portion of the 

Youngstown-Warren-Sharon Area as a 

revision to the Pennsylvania SIP. 

EPA is reopening the comment period 

based on an anonymous request to 

reopen the comment period. The 

commenter states they were unable to 

obtain information about EPA’s 

proposed rulemaking via email or phone 

from the EPA contact listed in the 

October 30, 2020 notice. After reviewing 

this request, EPA has determined that 

the listed EPA contact was not available 

via email or phone during 

approximately half of the 30-day 

comment period. Therefore, EPA has 

decided to reopen the comment period 

for an additional 15 days to March 16, 

2021. All comments received on or 

before March 16, 2021 will be entered 

into the public record and considered 

by EPA before taking final action on the 

proposed rulemaking. Comments 

submitted between the close of the 

original comment period and the reopening of this comment period will be 

accepted and considered. 

Dated: February 18, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2021–04106 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2020–0518; FRL–10020– 

54–Region 5] 

Air Plan Approval; Wisconsin; Large 

Municipal Waste Combustors Negative 

Declaration Withdrawal for Designated 

Facilities and Pollutants 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

Wisconsin’s request for withdrawal of 

the previously approved Large 

Municipal Waste Combustors (LMWC) 

Negative Declaration. The Wisconsin 

Department of Natural Resources 

(WDNR) submitted its LMWC Negative 

Declaration withdrawal on September 

25, 2020, certifying that the State of 

Wisconsin has only one LMWC unit 

currently operating and requesting that 

the Federal plan continue to apply to 

the single source in the state. 

DATES: Comments must be received on 

or before March 31, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2020–0518, at http://

www.regulations.gov or via email to 

hulting.melissa@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, 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. 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 the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For 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. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Sieffert, Environmental 

Engineer, Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard (AT–18J), Chicago, Illinois 

60604, (312) 353–1151, 

sieffert.margaret@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background 

Section 111(d) of the Clean Air Act 

(Act) requires that EPA develop 

regulations providing that states must 

submit to EPA plans establishing 

standards of performance for certain 

existing sources of pollutants. A 

standard of performance would apply to 

the existing source associated with 

pollutants that are noncriteria pollutants 

(i.e., pollutants for which there is no 

national ambient air quality standard) 

and are not on a list published under 

section 108 of the Act or emitted from 

a source category regulated under 

section 112 of the Act. Section 129 of 

the Act, and 40 CFR part 60, subpart B, 

apply the section 111(d) requirements to 

existing solid waste combustors, 

including LMWCs, and provide that 

EPA should include, as part of the 

performance standards, emissions 

guidelines (EGs) that include the plan 

elements required by section 129. 

The regulation at 40 CFR part 60, 

subpart B, contains general provisions 

applicable to the adoption and submittal 

of state plans for subject facilities under 

sections 111(d) and 129 (111(d)/129 

plan) and negative declarations if no 

such facilities exist in the state. 40 CFR 

part 62, subpart A, provides the 

procedural framework for the 

submission of the plans and negative 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules 11917 

declarations. If, at a later date, an 

existing LMWC is found in a state that 

previously submitted a negative 

declaration, the Federal plan 

implementing the LMWC EGs would 

automatically apply to that unit. 

EPA promulgated new source 

performance standards and EGs for 

LMWCs on December 19, 1995 (60 FR 

65387), and amended them most 

recently on May 10, 2006 (71 FR 27324). 

However, on March 20, 2007, EPA 

issued a notice of reconsideration for 

three sections of the final rule (72 FR 

13016). The standards and EGs are 

codified at 40 CFR part 60, subparts Cb 

and Eb, respectively. 

A LMWC unit, as defined in 40 CFR 

60.32b, means any municipal waste 

combustor unit with a combustion 

capacity greater than 250 tons per day 

of municipal solid waste. The 

designated facilities to which the 

original EG’s applied were existing 

LMWC units for which construction was 

commenced on or before September 20, 

1994. 

States were required to submit 

negative declarations or state plans for 

existing LMWCs, pursuant to sections 

111(d) and 129 of the Act and 40 CFR 

part 60, subpart B. WDNR submitted a 

negative declaration under LMWC on 

September 26, 1997, certifying that it 

had no existing LMWCs. On November 

12, 1998, EPA finalized the Federal plan 

under 40 CFR part 62, subpart FFF (65 

FR 33461). EPA approved WDNR’s 

negative declaration under 40 CFR 

62.12360 on May 24, 2000 (65 FR 

33461). 

On September 25, 2020, WDNR 

submitted its LMWC negative 

declaration withdrawal, in which it 

certifies that there is one LMWC unit 

currently operating in Wisconsin. The 

only LMWC unit is at Xcel French 

Island, located in La Crosse, WI. 

Because there is only one source, WDNR 

is requesting that the previously 

approved negative declaration be 

withdrawn and that the Federal plan 

continue to apply to the source. 

Section 111(d)/129 requires states to 

submit state plans when LMWC units 

exist in its boundaries, and requires 

EPA to develop a Federal plan to cover 

facilities when states do not develop 

state plans. EPA understands that the 

extensive time and resources that would 

be required by WDNR to adopt a rule 

and submit a state plan are 

disproportionate to the single affected 

source in Wisconsin. EPA’s Federal plan 

implementing the EG’s would continue 

to apply to the source in Wisconsin (as 

well as to any existing affected sources 

if found at a later date), upon approval 

of the withdrawal of the negative 

declaration. Wisconsin would 

implement and enforce the Federal plan 

through its Title V permitting process. 

This is described in a February 19, 2002 

WDNR and EPA Region 5 Memorandum 

of Agreement. This action should not be 

construed as an approval of a state plan 

or delegation of the Federal plan. 

Wisconsin’s section 111(d)/129 

obligations are separate from 

Wisconsin’s obligations under title V of 

the Act. Wisconsin understands and 

accepts this limitation. 

II. Proposed EPA Action 

EPA is proposing to approve 

Wisconsin’s request for withdrawal of a 

previously approved Negative 

Declaration and to amend 40 CFR part 

62 to reflect WDNR’s withdrawal. 

WDNR submitted its LMWC Negative 

Declaration withdrawal on September 

25, 2020, certifying that there is only 

one LMWC unit, as defined under 40 

CFR 60.31b, currently operating in the 

State of Wisconsin and requested that 

the Federal plan apply to the single 

source in the State. EPA understands 

that the extensive work that would be 

required by WDNR to prepare an 

approved state plan would be 

disproportionate to the single affected 

source in Wisconsin, and is proposing 

to approve the withdrawal and have the 

Federal plan apply to the known 

affected source. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and therefore is not 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011). For this 

reason, this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and merely notifies the 

public of EPA’s approval for a 

withdrawal of a previously approved 

LMWC Negative Declaration. This 

action imposes no requirements beyond 

those imposed by the state. Accordingly, 

the Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). This rule 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 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). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a withdrawal, and does not 

alter the relationship or the distribution 

of power and responsibilities 

established in the Act. This rule also is 

not subject to Executive Order 13045 (62 

FR 19885, April 23, 1997), because it 

approves a withdrawal. 

11918 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules 

In reviewing section 111(d)/129 plan 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Act. With regard to 

withdrawals for designated facilities 

received by EPA from states, EPA’s role 

is to notify the public of the approval of 

the state’s withdrawal and revise 40 

CFR part 62 accordingly. In this context, 

in the absence of a prior existing 

requirement for the state to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

section 111(d)/129 withdrawal for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a section 111(d)/ 

129 withdrawal, to use VCS in place of 

a section 111(d)/129 withdrawal 

submission that otherwise satisfies the 

provisions of the Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

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

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Large 

Municipal Waste Combustors. 

Dated: February 22, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2021–03983 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P