Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules 11915 

7All population data in this paragraph are from 

the 1990 Census. The 1990 Census report for Texas 

is in the docket for this rulemaking. 

8Offsets are the ratio of total emissions 

reductions of NOX or VOC to the emissions increase 

of such air pollutant. 

9See 60 FR 49781, September 27, 1995 and 

subsequent revisions at 77 FR 65119, October 25, 

2012 and 79 FR 66626, November 10, 2014. 

program to compensate for the 

exclusion of the urbanized population 

of 8,735 in Wise County.7 Thus, Wise 

County need not implement an I/M 

program. 

Therefore, since the provisions in the 

Texas SIP already include the I/M 

requirements specified by the CAA for 

serious ozone nonattainment areas, we 

are proposing to approve this portion of 

the two SIP revisions. 

Nonattainment NSR 

The applicable NNSR requirements 

for the various ozone nonattainment 

classifications are described in CAA 

section 182 and further defined in 40 

CFR part 51, subpart I (Review of New 

Sources and Modifications). Under 

these requirements new major sources 

or major modifications at existing 

sources in an ozone nonattainment area 

must comply with the lowest achievable 

emission rate and obtain sufficient 

emission offsets.8 For serious ozone 

nonattainment areas, major sources are 

defined as any stationary source or 

group of sources located within a 

contiguous area and under common 

control that emits, or has the potential 

to emit, at least 50 tons per year (tpy) 

of NOX or VOC (see CAA sections 182(c) 

and 182(f), and 40 CFR 51.165). The 

emission offset ratio required for serious 

ozone nonattainment areas is 1.2 to 1 

(see CAA section 182(c)(10). 

The EPA-approved Texas SIP already 

includes 30 TAC Section 116.12 

(Nonattainment and Prevention of 

Significant Deterioration Review 

Definitions) and 30 TAC Section 

116.150 (New Major Source or Major 

Modification in Ozone Nonattainment 

Area).9 These provisions require new 

major sources or major modifications at 

existing sources in the DFW and HGB 

areas to comply with the lowest 

achievable emission rate and obtain 

emission offsets at the serious 

classification ratio of 1.2 to 1. 

Therefore, since the provisions in the 

Texas SIP already include the NNSR 

requirements specified by the CAA for 

serious ozone nonattainment areas, we 

are proposing to approve this portion of 

the two SIP revisions. 

III. Proposed Action 

We are proposing to approve portions 

of two revisions to the Texas SIP 

submitted on May 13, 2020, that 

describe how CAA requirements for 

vehicle I/M and NNSR are met in the 

DFW and HGB serious ozone 

nonattainment areas for the 2008 ozone 

NAAQS. 

IV. 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 

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, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: February 5, 2021. 

David Gray, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2021–02758 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0320; FRL–10020– 

55–Region 3] 

Air Plan Approval; Pennsylvania; 1997 

8-Hour Ozone National Ambient Air 

Quality Standard Second Maintenance 

Plan for the Youngstown-WarrenSharon Area; Reopening of Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; reopening of 

public comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is reopening the comment 

period for a proposed rulemaking 

published in the Federal Register on 

October 30, 2020. EPA is reopening the 

comment period based on a request for 

a 15-day extension. 

DATES: The comment period will reopen 

until March 16, 2021 to allow additional 

time for stakeholders to review and 

comment on the proposal. The comment 

period for the proposed rulemaking 

published October 30, 2020 (85 FR 

68826), which ended on November 30, 

2020, is being reopened. EPA must 

receive comments on or before March 

16, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2020–0320 at https://

www.regulations.gov, or via email to 

gordon.mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

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