35044 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules 

• 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). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175, because the 

SIP is not approved to apply in Indian 

country located in the state, and the 

EPA notes that it will not impose 

substantial direct compliance costs on 

tribal governments or preempt tribal 

law. Thus, Executive Order 13175 does 

not apply to this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Nitrogen oxides, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: June 26, 2021. 

Walter Mugdan, 

Acting Regional Administrator, EPA Region 

2. 

[FR Doc. 2021–14055 Filed 6–30–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R08–OAR–2021–0004; FRL–10025– 

48–Region 8] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Colorado; Control of 

Emissions From Existing Municipal 

Solid Waste Landfills 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

Clean Air Act (CAA or the ‘‘Act’’) 

section 111(d) state plan submitted by 

the Colorado Department of Public 

Health and Environment (CDPHE or the 

‘‘Department’’) on March 23, 2021. This 

state plan was submitted to fulfill the 

requirements of the CAA and is 

responsive to the EPA’s promulgation of 

Emission Guidelines and Compliance 

Times (EG) for existing municipal solid 

waste (MSW) landfills. The Colorado 

state plan establishes performance 

standards and other operating 

requirements for existing MSW landfills 

within the State of Colorado and 

provides for the implementation and 

enforcement of those standards and 

requirements by the Department. 

DATES: Written comments must be 

received on or before August 2, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2021–0004, 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://www2.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 

either electronically in 

www.regulations.gov or in hard copy at 

the Air and Radiation Division, 

Environmental Protection Agency 

(EPA), Region 8, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. The EPA 

requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding federal holidays 

and facility closures. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Lohrke, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–6396, 

email address: lohrke.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

On August 29, 2016, the EPA 

finalized revised Standards of 

Performance (NSPS) for new MSW 

landfills and EG for existing MSW 

landfills in 40 CFR part 60, subparts 

XXX and Cf, respectively. See 81 FR 

59331 and 59313. These rulemaking 

actions were taken in accordance with 

section 111 of the CAA. Section 111(d) 

of the Act requires the EPA establish 

procedures for a state to submit a plan 

to the Agency that establishes standards 

of performance for any ’existing’ source 

for any air pollutant, (1) for which air 

quality criteria have not been issued or 

which is not included on a list 

published under CAA section 108, or 

emitted from a source category which is 

regulated under CAA section 112, but 

(2) to which a new source performance 

standard under section 111(b) would 

apply if such existing source were a 

‘new’ source. The EPA established 

general provisions for submittal of state 

plans for 111(d) sources in 40 CFR part 

60, subpart B. State plan submittals for 

111(d) sources must be consistent with 

the requirements of these general 

provisions and also establish 

performance standards and other 

requirements at least as stringent as 

those established by the relevant EG as 

published in 40 CFR part 60. Upon state 

plan submittal, the EPA reviews a state’s 

plan for consistency with the 

requirements of the general provisions 

and specific EG. If the state plan is 

complete and approvable with reference 

to these requirements, the Agency 

notifies the public, promulgates the plan 

in 40 CFR part 62 and delegates 

implementation and enforcement of the 

standards and requirements of the EG to 

the state under the terms of the state 

plan as published in the CFR. Today’s 


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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules 35045 

action concerns the completeness and 

approvability of Colorado’s 111(d) state 

plan for existing MSW landfills. 

II. Summary and Analysis of the Plan 

Submittal 

The Executive Director of CDPHE 

submitted a final 111(d) state plan for 

existing MSW landfills on March 23, 

2021 in response to the August 29, 2016 

finalization of the revised EG published 

at 40 CFR part 60, subpart Cf. The EPA 

has reviewed the Colorado plan 

submittal in the context of the plan 

completeness and approvability 

requirements found in 40 CFR part 60, 

subparts B and Cf, as well as the general 

provisions for plan approval found in 40 

CFR part 62, subpart A. The EPA is 

proposing with this action to approve 

Colorado’s submittal. If EPA finalizes 

the proposed action in a future final 

rulemaking, EPA will promulgate the 

plan under 40 CFR part 62, subpart G. 

The Colorado state plan submittal 

package includes all materials necessary 

to be deemed administratively and 

technically complete according to the 

criteria of 40 CFR part 60, subpart B. 

Colorado has chosen to author a state 

plan document (the ‘‘111(d) Plan for 

Existing Municipal Solid Waste 

Landfills in Colorado’’) and provide all 

implementation and enforcement 

authority for all state plan requirements 

through revisions to the Code of 

Colorado Regulations (CCR). 

Specifically, the State has appropriately 

incorporated all general EG performance 

standards and other source 

requirements in 5 CCR 1001–8 and has 

given more specific instruction to 

designated facilities within the state 

plan document. Both the adopted state 

plan document and the relevant CCR 

section, as well as all other relevant 

plan submittal materials may be found 

in the docket for today’s action. 

Necessary State legal and enforcement 

authorities required for plan approval 

are located elsewhere in Colorado 

statute, rules and regulations and have 

been reviewed and approved of by the 

EPA in the course of prior section 

111(d) or 111(d)/129 state plan 

approvals. See 40 CFR 62.1350–1400. 

Following the EPA’s review of the 

submittal materials, the Agency finds 

the state plan package to be approvable 

according to all plan requirements. 

Analysis of the submitted state plan’s 

completeness and approvability, with 

reference to the relevant general and 

source category specific plan 

requirements of 40 CFR part 60, 

subparts B and Cf, and a detailed 

explanation of the rationale supporting 

this proposed approval is available in 

the Technical Support Document (TSD) 

in the docket of this proposed rule. 

III. Proposed Action 

The EPA is proposing to approve the 

Colorado section 111(d) state plan for 

MSW landfills. The state plan was 

submitted in full compliance with the 

requirements of 40 CFR part 60, 

subparts B and Cf. Therefore, the EPA 

is proposing to amend 40 CFR part 62, 

subpart G to reflect this approval action. 

This approval is based on the rationale 

provided in section II of this preamble 

and discussed in detail in the TSD 

associated with this rulemaking action. 

The Agency’s approval is in accordance 

with the general provisions of plan 

approval found in 40 CFR part 60, 

subpart B and in part 62, subpart A of 

that Title and is pursuant to the 

Agency’s role under 42 U.S.C. 7411(d). 

The EPA’s proposed approval of the 

Colorado plan is limited to those 

landfills that meet the criteria 

established in 40 CFR part 60, subpart 

Cf and grants the State authority to 

implement and enforce the performance 

standards and source requirements of 

the EG, except in those cases where 

authorities are specifically reserved for 

the EPA Administrator or his designee. 

Authorities retained by the EPA 

Administrator are those listed in 40 CFR 

60.30f(c) 

IV. Incorporation by Reference 

In this document, the EPA is 

proposing to include in a final EPA rule 

regulatory text that includes 

incorporation by reference of the state 

plan. In accordance with requirements 

of 1 CFR 51.5, the EPA is proposing to 

incorporate by reference CDPHE and 

Colorado Air Quality Control 

Commission regulations regarding MSW 

landfills discussed in section II of this 

preamble. The EPA has made, and will 

continue to make, these materials 

available through the docket for this 

action, EPA–R08–OAR–2021–0004, at 

https://www.regulations.gov and at the 

EPA Region 8 Office (please contact the 

person 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 111(d) state plan 

submittal that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7411(d); 

40 CFR 62.02(a). Thus, in reviewing 

111(d) plan submittals, the EPA’s role is 

to approve state choices, provided that 

they meet the criteria of the CAA and 

the relevant provisions of 40 CFR part 

60. 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 Colorado 111(d) state 

plan for existing MSW landfills 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 62 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Landfills, Methane, Ozone, Reporting 


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35046 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: June 25, 2021. 

Debra H. Thomas, 

Acting Regional Administrator, EPA Region 

8. 

[FR Doc. 2021–14029 Filed 6–30–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 15 and 74 

[ET Docket No. 21–115, RM–11821; FCC 21– 

46; FR ID 26756] 

Wireless Microphones in the TV 

Bands, 600 MHz Guard Band, 600 MHz 

Duplex Gap, and the 941.5–944 MHz, 

944–952 MHz, 952.850–956.250 MHz, 

956.45–959.85 MHz, 1435–1525 MHz, 

6875–6900 MHz and 7100–7125 MHz 

Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission aims to enhance the 

spectral efficiency of wireless 

microphones by permitting a recently 

developed type of wireless microphone 

system, termed herein as a Wireless 

Multi-Channel Audio System (WMAS), 

to operate in certain frequency bands. 

This emerging technology would enable 

more wireless microphones to operate 

in the spectrum available for wireless 

microphone operations, and thus 

advances an important Commission goal 

of promoting efficient spectrum use. 

The Commission proposes to revise the 

applicable technical rules for operation 

of low-power auxiliary station (LPAS) 

devices to permit WMAS to operate in 

the broadcast television (TV) bands and 

other LPAS frequency bands on a 

licensed basis. The Commission also 

proposes to update the existing LPAS 

and wireless microphone rules to reflect 

the end of the post-Incentive auction 

transition period and update references 

to international wireless microphone 

standards. 

DATES: Comments are due August 2, 

2021. Reply comments are due August 

30, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Hugh Van Tuyl, Office of Engineering 

and Technology, 202–418–7506, 

Hugh.VanTuyl@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking, ET Docket No. 

21–115, RM–11821, FCC 21–46, adopted 

and released April 22, 2021. The full 

text of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street SW, Washington, DC 20554. The 

full text may also be downloaded at: 

https://www.fcc.gov/document/fcclooks-open-door-new-wirelessmicrophone-technologies-0. People with 

Disabilities: To request materials in 

accessible formats for people with 

disabilities (braille, large print, 

electronic files, audio format), send an 

email to fcc504@fcc.gov or call the 

Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

Synopsis 

1. In this Notice of Proposed 

Rulemaking (NPRM), the Commission 

proposes to revise the applicable 

technical rules for operation of part 74 

low-power auxiliary station (LPAS) 

devices to permit a recently developed 

type of wireless microphone system, 

termed herein as a Wireless MultiChannel Audio System (WMAS), to 

operate in the broadcast television (TV) 

bands and other part 74 LPAS frequency 

bands on a licensed basis. This 

emerging technology would enable more 

wireless microphones to operate in the 

spectrum available for wireless 

microphone operations, and thus 

advances an important Commission goal 

of promoting efficient spectrum use. 

The Commission propose and seek 

comment on technical rules for WMAS 

operations under our part 74 LPAS rules 

for licensed wireless microphone 

operations as well as the particular 

frequency bands in which WMAS 

wireless microphones would be 

permitted to operate. The Commission 

also seeks comment on whether to 

permit WMAS under the part 15 rules 

that allow unlicensed wireless 

microphone operations in the TV bands, 

the 600 MHz guard band, and 600 MHz 

duplex gap. The Commission also 

proposes to update our existing part 74 

LPAS and part 15 technical rules for 

wireless microphones, which already 

rely on certain European 

Telecommunications Standards Institute 

(ETSI) standards, to incorporate the 

latest version of that standard where 

appropriate. Finally, the Commission 

proposes to update the wireless 

microphone rules to reflect the end of 

the post-Incentive auction transition 

period. Its aim in this proceeding is to 

enhance the spectral efficiency of 

wireless microphone use. The 

Commission does not intend to alter the 

existing spectrum rights—or 

expectations regarding access and 

availability of spectrum—vis-a`-vis all 

the various authorized users, whether 

broadcast licensees, white space device 

users, the wireless microphone users 

themselves, or others, that share 

frequency bands with wireless 

microphones. 

2. Background. Many types of users 

employ wireless microphones in a 

variety of settings including theaters 

and music venues, film studios, 

conventions, corporate events, houses of 

worship, and internet webcasts. 

Wireless microphone operations range 

from professional uses, with the need 

for numerous high-performance 

microphones, to an individual 

consumer’s use of a handheld 

microphone at a conference or in a 

karaoke bar. These devices are 

authorized for operations both on a 

licensed and unlicensed basis, 

depending on the frequency band. Most 

licensed wireless microphones operate 

under the part 74 rules for low power 

auxiliary stations (LPAS) on a secondary 

basis. Under those rules, they can 

operate on unused spectrum in the TV 

bands (both VHF and UHF), a 4- 

megahertz portion of the 600 MHz 

duplex gap, certain frequencies in the 

900 MHz band, the 1435–1525 MHz 

band (shared with federal Aeronautical 

Mobile Telemetry (AMT) service), and 

portions of the 7 GHz band. Entities 

eligible for part 74 licenses include 

broadcast station licensees and 

networks, certain cable television 

operators, motion picture/TV producers, 

and professional sound companies and 

venue operators that routinely use 50 or 

more wireless microphones. Unlicensed 

wireless microphones also operate in 

certain bands under the part 15 rules— 

including the VHF and UHF–TV bands 

where they generally share the same 

basic technology used by licensed LPAS 

wireless microphones (although 

unlicensed operations are limited to 

lower, more restrictive power levels 

than licensed operations). 

3. Historically and currently, most 

wireless microphones—both licensed 

and unlicensed—operate on unused 

spectrum in the TV bands where they 

share use of unused TV band spectrum 

with unlicensed white space devices. 

The spectrum available for these devices 

has decreased in recent years as a result 

of the Commission’s actions that 

repurposed some portions of the TV 

bands for wireless services and 

repacked the TV bands. In 2015 and 

2017, the Commission took several 

actions focused either on promoting 

more efficient use of the spectrum by 

both licensed and unlicensed wireless 

microphone operations in the repacked 


khammond on DSKJM1Z7X2PROD with PROPOSALS