49500 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules 

12See 83 FR 14759. 

13 83 FR 14759 (April 6, 2018) (noting that ‘‘EPA 

is obligated to promulgate a federal implementation 

plan (FIP) to address any outstanding SIP 

requirements, if a state does not submit, and EPA 

does not approve, a state’s submission within 24 

months of the effective date of these findings’’). 

of the 2012 annual PM2.5 NAAQS, so 

long as the area continues to meet the 

NAAQS, until the area is redesignated 

to attainment. If this proposed CDD 

action is finalized, the FIP clock 

triggered by the EPA’s April 6, 2018 

finding of failure to submit will be 

suspended for these plan elements for as 

long as the CDD remains in effect.12

EPA’s May 14, 2021 conditional 

approval of the contingency measures 

element of the Allegheny County Area 

PM2.5 Plan suspended EPA’s FIP 

obligation with respect to this element 

of the plan for the duration of the 

conditional approval. If EPA approves a 

SIP submission fulfilling the State 

commitment that had provided the basis 

for the conditional approval, the FIP 

obligation triggered by EPA’s April 6, 

2018 finding of failure to submit will be 

terminated. Alternatively, if the State 

fails to fulfill its commitment and EPA 

converts the conditional approval to a 

disapproval, the conditional approval 

would no longer provide a basis for 

suspending EPA’s FIP obligation, 

because the State would have failed to 

correct the deficiency identified in 

EPA’s April 6, 2018 finding of failure to 

submit.13 If, however, EPA finalizes our 

proposed CDD for the area, the CDD 

would provide an independent basis for 

continued suspension of the FIP 

obligation, for so long as the area 

continues to attain the 2012 PM2.5

NAAQS. If the area then violates the 

NAAQS and EPA rescinds the CDD, the 

CDD would also no longer provide a 

basis for suspending EPA’s FIP 

obligation, and EPA would have an 

immediate obligation to promulgate a 

FIP addressing the contingency measure 

requirement for the 2012 PM2.5 NAAQS 

in the Allegheny County area. 

This proposed clean data 

determination does not constitute a 

redesignation to attainment of the 

NAAQS. The Allegheny County Area 

will remain designated nonattainment 

for the 2012 annual PM2.5 NAAQS until 

such time that EPA determines the 

Allegheny County nonattainment area 

meets the CAA requirements for 

redesignation to attainment, including 

an approved maintenance plan, 

pursuant to CAA sections 107 and 

175A. EPA is soliciting public 

comments on this proposed action, 

which we will consider prior to taking 

final action. 

IV. Statutory and Executive Order 

Reviews 

This rulemaking action makes a clean 

data determination for attainment of the 

2012 PM2.5 NAAQS based on air quality 

and does not impose additional 

requirements. For that reason, this clean 

data determination: 

• 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, this proposed clean data 

determination for the Allegheny County 

Area for the 2012 annual PM2.5 NAAQS 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the State, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, and 

Reporting and recordkeeping 

requirements. 

Dated: August 26, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2021–19019 Filed 9–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2021–0005; FRL–8683–04– 

Region 8] 

Approval and Promulgation of 

Implementation Plans; North Dakota; 

Revisions To Permitting Regulations 

Unrelated to Regional Haze; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) published a proposed 

rule in the Federal Register on August 

2, 2021. The revisions contain 

amendments to the State of North 

Dakota’s Air Pollution Control 

Regulations and to the State’s Legal 

Authority. The August 2, 2021 

published rule had the incorrect docket 

number. This published rule corrects 

the docket number for the August 2, 

2021 rulemaking. 

DATES: Written comments must be 

received on or before October 4, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2021–0005, 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 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules 49501 

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 

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: 

Kevin Leone, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado, 80202–1129, (303) 

312–6227, leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Correction 

In FR document 86 FR 41413, 

appearing on page 41413 in the Federal 

Register on Monday, August 2, 2021, in 

the heading of the document and in the 

ADDRESSES section of the document the 

docket number EPA–R08–OAR–2021– 

0433 should have read EPA–R08–OAR– 

2021–0005. 

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: August 25, 2021. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2021–19039 Filed 9–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R01–OAR–2021–0443; FRL–8778–01– 

R1] 

Approval and Promulgation of State 

Plan for Designated Facilities and 

Pollutants: New Hampshire; 111(d)/129 

Revised State Plan for Existing Large 

and Small Municipal Waste 

Combustors 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the Clean Air Act (CAA) state plan 

revision for existing large and small 

municipal waste combustors (MWCs) 

submitted by the New Hampshire 

Department of Environmental Services 

(NHDES) on October 1, 2018. The 

revised state plan incorporates wood 

residue combustion fuel quality 

standards and test methods at MWC 

facilities that process and combust 

construction and demolition debris. 

DATES: Written comments must be 

received on or before October 4, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2021–0443 at https://

www.regulations.gov, or via email to 

kilpatrick.jessica@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, 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 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. Publicly 

available docket materials are available 

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

U.S. Environmental Protection Agency, 

EPA Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Kilpatrick, Air Permits, Toxics, & 

Indoor Programs Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 1, 5 Post 

Office Square, Mail Code: 05–2, Boston, 

MA 02109–0287. Telephone: 617–918– 

1652. Fax: 617–918–0652 Email: 

kilpatrick.jessica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is a state plan? 

II. Why does EPA need to approve state 

plans? 

III. Why does EPA regulate air emissions 

from MWCs? 

IV. What history does NHDES have with 

MWC state plans? 

V. Why did NHDES revise the MWC state 

plan? 

VI. What revisions have been made to the 

state plan? 

VII. Why is EPA proposing to approve 

NHDES’s revised state plan? 

VIII. Proposed Action 

IX. Incorporation by Reference 

X. Statutory and Executive Order Reviews 

I. What is a state plan? 

Section 111(d) of the CAA requires 

pollutants controlled under new source 

performance standards (NSPS) also be 

controlled at existing sources in the 

same source category. Once an NSPS is 

issued, EPA then publishes emission 

guidelines (EGs) applicable to the 

control of the same pollutant for 

existing (designated) facilities. States 

with designated facilities must develop 

state plans to adopt the EGs into their 

body of regulations. States must also 

include in their state plans other 

elements, such as legal authority, 

inventories, and public participation 

documentation to demonstrate their 

ability to enforce the state plans. 

II. Why does EPA need to approve state 

plans? 

Section 129(b)(2) of the CAA requires 

states to submit state plans to EPA for 

approval. Each state must show that its 

state plan will carry out and enforce the 

EGs. State plans must be at least as 

protective as the EGs and will become 


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