Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 11999 

West, Room 3334, 1301 Constitution 

Ave. NW, Washington, DC. The 

telephone number for the Docket Center 

is 202–566–1744. For additional 

information about EPA’s public docket, 

visit http://www.epa.gov/dockets. 

Abstract: Regulations implementing 

section 301(h) of the Clean Water Act 

(CWA) are found at 40 CFR part 125, 

subpart G. This CWA section allows for 

a case-by-case review of treatment 

requirements for publicly owned 

treatment works (POTW) discharges to 

marine waters. Eligible POTW 

applicants that met the set of 

environmentally stringent criteria 

received a modified National Pollutant 

Discharge Elimination System (NPDES) 

permit waiving secondary treatment 

requirements. CWA section 301(h) only 

applies to the 25 POTWs that applied by 

December 29, 1982, that currently hold 

modified permits and the six states in 

which the POTWs are located. No new 

applications are accepted. 

The CWA section 301(h) program 

involves collecting information from 

municipal wastewater treatment 

facilities (POTWs), and the state in 

which the POTW is located. A POTW 

holding a modified permit or reapplying 

for a modification provides application, 

monitoring, and toxic control program 

information. The state provides 

information on its determination 

whether the discharge under the 

proposed conditions of the modified 

permit ensures the protection of water 

quality, biological habitats, and 

beneficial uses of receiving waters and 

whether the discharge will result in 

additional treatment, pollution control, 

or any other requirement for any other 

point or nonpoint sources. The state 

also provides information to certify that 

the discharge will meet all applicable 

state laws and that the state accepts all 

permit conditions. 

There are four situations where 

information will be required: (1) A 

POTW reapplying for a CWA section 

301(h) modified permit. As the permits 

with section 301(h) modifications reach 

their expiration dates, EPA must have 

updated information on the discharge to 

determine whether criteria are still 

being met and whether the modified 

permit should be reissued. (2) Once a 

modified permit has been granted, EPA 

must continue to assess whether the 

discharge is meeting the CWA criteria, 

and that the receiving water quality, 

biological habitats, and beneficial uses 

of the receiving waters are protected. To 

do this, EPA needs monitoring and 

toxics control information furnished by 

the permittee. (3) Application revision 

information: A POTW is allowed to 

revise its application one time only, 

following a tentative decision by EPA to 

deny the modified permit request. In its 

application revision, the POTW usually 

corrects deficiencies and changes 

proposed treatment levels as well as 

outfall and diffuser locations. The 

application revision is a voluntary 

submission for the applicant. (4) State 

determination and state certification 

information: The state determines 

whether all state laws are satisfied. 

Additionally, the state must determine 

if the applicant’s discharge will result in 

additional treatment, pollution control, 

or any other requirement for any other 

point or nonpoint sources. This process 

allows the state’s views to be considered 

when EPA reviews the application and 

develops permit conditions. 

Form numbers: None. 

Respondents/affected entities: 

Municipalities that currently have CWA 

section 301(h) modifications from 

secondary treatment, or have applied for 

a renewal of a CWA section 301(h) 

modified permit, and the states within 

which these municipalities are located. 

Respondent’s obligation to respond: 

Required to obtain or retain a benefit. 

Estimated number of respondents: 31 

(total). 

Frequency of response: From once 

every five years, to varies case-by-case, 

depending on the category of 

information. 

Total estimated burden: 44,985 hours 

(per year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $1,300,339 (per 

year), includes $0 annualized capital or 

operation & maintenance costs. 

Changes in the estimates: There is an 

increase of hours in the total estimated 

respondent burden compared with the 

ICR currently approved by OMB. This 

increase is due to changes in respondent 

universe, program status, information 

needs, and use of technology. 

Courtney Kerwin, 

Director, Regulatory Support Division. 

[FR Doc. 2021–04095 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[CERCLA–04–2018–3762; FRL 10019–53– 

Region 4] 

KOPPERS CO., Inc. (Charleston Plant), 

Charleston, North Carolina; Notice of 

Modified Settlement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Modified Settlement. 

SUMMARY: Under 122(h) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), the United States 

Environmental Protection Agency (EPA) 

has modified an existing settlement 

entered by the EPA and Prospective 

Purchaser (PP) Highland Resources for 

the Koppers Co., Inc. (Charleston Plant) 

Superfund National Priorities List (NPL) 

Site (‘‘Site’’) in Charleston, Charleston 

County, South Carolina. The existing 

Administrative Agreement on Consent 

(AOC) (CERCLA Docket No. 2018–3762) 

became effective on March 11, 2019. HR 

Charleston VII, LLC agreed to perform 

work at the Koppers Superfund Site to 

support redevelopment. This 

modification adds a newly acquired 

parcel which was not previously 

included in the agreement. 

DATES: The Agency will consider public 

comments on the settlement until March 

31, 2021. The Agency will consider all 

comments received and may modify or 

withdraw its consent to the modified 

settlement if comments received 

disclose facts or considerations which 

indicate that the settlement is 

inappropriate, improper, or inadequate. 

ADDRESSES: Copies of the settlement are 

available from the Agency by contacting 

Ms. Paula V. Painter, Program Analyst, 

using the contact information provided 

in this notice. Comments may also be 

submitted by referencing the Site’s 

name through one of the following 

methods: 

Internet: https://www.epa.gov/ 

aboutepa/about-epa-region-4- 

southeast#r4-public-notices. 

Email: Painter.Paula@epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Paula V. Painter at 404/562–8887. 

Dated: January 21, 2021. 

Maurice Horsey, 

Chief, Enforcement Branch, Superfund & 

Emergency Management Division. 

[FR Doc. 2021–04128 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–10020–66–Region 8] 

Clean Air Act Operating Permit 

Program: Petitions for Objection to 

State Operating Permit for Hunter 

Power Plant (Emery County, Utah) and 

State Operating Permit for Coyote 

Station Power Plant (Mercer County, 

North Dakota) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final orders on 

petitions to object to state operating 

permits. 

12000 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 

SUMMARY: The EPA Administrator 

signed orders, dated January 13, 2021, 

and January 15, 2021, denying the 

petitions submitted on separate 

permitting actions in Utah and North 

Dakota, respectively. The January 13, 

2021 Order pertains to two petitions 

submitted by the Sierra Club requesting 

that EPA object to the issuance of the 

Clean Air Act (CAA) title V operating 

permit issued to the Hunter Power Plant 

in Castle Dale, Emery County, Utah, by 

the Utah Department of Environmental 

Quality, Division of Air Quality 

(UDAQ). The January 13, 2021 Order 

responds to Sierra Club’s April 11, 2016 

petition regarding title V operating 

permit # 1500101002 (2016 Permit), and 

Sierra Club’s October 20, 2020 petition 

regarding title V operating permit # 

1500101004 (2020 Permit). The January 

15, 2021 Order responds to petitions 

submitted by Casey and Julie Voigt 

requesting that EPA object to the title V 

operating permit issued to the Coyote 

Station Power Plant in Beulah, Mercer 

County, North Dakota, by the North 

Dakota Department of Environmental 

Quality (NDDEQ). 

The Orders constitute final actions on 

the petitions. 

ADDRESSES: You may review copies of 

the Orders and petitions electronically 

at https://www.epa.gov/title-v-operatingpermits/title-v-petition-database. To 

reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of these 

documents or other supporting 

information. 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 documents. 

FOR FURTHER INFORMATION CONTACT: Gail 

Fallon, Air Permitting and Monitoring 

Branch (8ARD–PM), EPA Region 8, 1595 

Wynkoop Street, Denver, Colorado, 

80202–1129. Phone: (303) 312–6281. 

Email: fallon.gail@epa.gov. 

SUPPLEMENTARY INFORMATION: The CAA 

affords EPA a 45-day period to review 

and, as appropriate, the authority to 

object to operating permits proposed by 

state permitting authorities under title V 

of the CAA, 42. U.S.C. 7661–7661f. 

Section 505(b)(2) of the CAA and 40 

CFR 70.8(d) authorize any person to 

petition the EPA Administrator to object 

to a title V operating permit within 60 

days after the expiration of EPA’s 45- 

day review period if EPA has not 

objected on its own initiative. Petitions 

must be based only on objections to the 

permit that were raised with reasonable 

specificity during the public comment 

period provided by the state, unless the 

petitioner demonstrates that it was 

impracticable to raise these issues 

during the comment period or the 

grounds for the issues arose after this 

period. Pursuant to sections 307(b) and 

505(b)(2) of the Act, a petition for 

judicial review of those portions of the 

Order that deny issues in the petition 

may be filed in the United States Court 

of Appeals for the appropriate circuit 

within 60 days from the date this 

document appears in the Federal 

Register. 

State Operating Permit for Hunter 

Power Plant (Emery County, Utah) 

EPA received petitions from the Sierra 

Club, requesting that EPA object to the 

2016 Permit and the 2020 Permit for the 

Hunter Power Plant. Among other 

things, the Sierra Club claims that the 

2016 and 2020 Permits are deficient 

because they do not include Prevention 

of Significant Deterioration (PSD) 

permitting requirements. More 

specifically, the Sierra Club asserts that 

Best Achievable Control Technology 

requirements as well as terms and 

conditions necessary to adequately 

protect national ambient air quality 

standards and PSD increments are 

required. EPA denied the 2016 petition 

on October 16, 2017; however, the 

Sierra Club sought judicial review of a 

portion of the 2017 Order in the United 

States Court of Appeals for the Tenth 

Circuit. On July 2, 2020, the Tenth 

Circuit issued a decision vacating and 

remanding the 2017 Order. EPA’s 

January 13, 2021 Order responds to the 

Tenth Circuit’s decision, replaces the 

vacated portion of EPA’s 2017 Order, 

and separately responds to the 2020 

Petition. 

On January 13, 2021, the 

Administrator issued an Order denying 

the petitions, but directing UDAQ to 

reopen the 2020 Permit for cause. 

State Operating Permit for Coyote 

Station Power Plant (Mercer County, 

North Dakota) 

EPA received petitions from the 

Voigts, requesting that EPA object to the 

title V permit for the Coyote Station 

Power Plant. The Voigts allege that the 

permit fails to ensure compliance with 

applicable requirements under the CAA 

in that: (1) The Coyote Station Power 

Plant and the nearby Coyote Creek Mine 

should be considered a single source for 

title V and New Source Review 

preconstruction permitting purposes; 

and (2) the permit fails to include 

appropriate CAA requirements for the 

mine, the mine’s coal processing plant, 

and the power plant. On January 15, 

2021, the Administrator issued an Order 

denying the petition. 

The Orders issued on January 13, 

2021, and January 15, 2021, explain 

EPA’s basis for denying the petitions. 

Dated: February 23, 2021. 

Debra Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2021–04127 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2021–0128; FRL–10020–81– 

OW] 

Proposed Information Collection 

Request; Comment Request; Clean 

Watersheds Needs Survey (CWNS) 

(Reinstatement) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) is planning to submit an 

information collection request (ICR), 

‘‘Clean Watersheds Needs Survey 

(CWNS) (Reinstatement)’’ (EPA ICR No. 

0318.14, OMB Control No. 2040–0050) 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act (PRA). Before doing so, 

EPA is soliciting public comments on 

specific aspects of the proposed 

information collection as described 

below. This is a reinstatement of the 

ICR. An Agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

DATES: Comments must be submitted on 

or before April 30, 2021. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

OW–2021–0128 online using 

www.regulations.gov (our preferred 

method) or by mail to: EPA Docket 

Center, Environmental Protection 

Agency, Mail Code 28221T, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change including any 

personal information provided, unless 

the comment includes profanity, threats, 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. 

FOR FURTHER INFORMATION CONTACT: 

Elisabeth Schlaudt, Office of Water, 

State Revolving Fund Branch, (4204M), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC