[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Rules and Regulations]
[Pages 72967-72968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24386]



[[Page 72967]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R06-OAR-2020-0357; FRL-10016-22-Region 6]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Arkansas, New Mexico, and 
Albuquerque-Bernalillo County, New Mexico; Control of Emissions From 
Existing Commercial and Industrial Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is notifying the public that we 
have received CAA section 111(d)/129 negative declarations from 
Arkansas, New Mexico, and Albuquerque-Bernalillo County, New Mexico, 
for existing incinerators subject to the Commercial and Industrial 
Solid Waste Incineration units (CISWI) emission guidelines (EG). These 
negative declarations certify that incinerators subject to CISWI EG and 
the requirements of sections 111(d) and 129 of the CAA do not exist 
within the jurisdictions of Arkansas, New Mexico, and Albuquerque-
Bernalillo County. The EPA is accepting the negative declarations and 
amending the CFR in accordance with the requirements of the CAA.

DATES: This rule is effective on December 16, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2020-0357. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Janna Roberts, EPA Region 6 Office, 
Air and Radiation Division--State Planning and Implementation Branch, 
1201 Elm Street, Suite 500, Dallas, TX 75270, (214) 665-6532, 
roberts.janna@epa.gov. Out of an abundance of caution for members of 
the public and our staff, the EPA Region 6 office will be closed to the 
public to reduce the risk of transmitting COVID-19. Please call or 
email the contact listed above if you need alternative access to 
material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our August 
11, 2020, proposal (85 FR 48485). In that document we proposed to 
accept the negative declarations for incinerators subject to the CISWI 
EG from the Arkansas Department of Environmental Quality (ADEQ), New 
Mexico Environment Department (NMED), and City of Albuquerque 
Environmental Health Department (AEHD), and to amend the CFR in 
accordance with the requirements of the CAA.
    We received one comment on our proposal. We have determined that 
this comment is not relevant to this rulemaking and no further response 
is required.

II. Final Action

    The EPA is amending 40 CFR part 62 to reflect receipt of the 
negative declaration letters from ADEQ, NMED and AEHD certifying that 
there are no existing incinerators subject to the CISWI EG subject to 
40 CFR part 60, subpart DDDD, in in their respective jurisdictions in 
accordance with 40 CFR 60.2510, 40 CFR 60.2530, 40 CFR 60.23(b), 40 CFR 
62.06, and sections 111(d) and 129 of the CAA.
    If a designated facility is later found within the mentioned 
jurisdictions after publication of the final action, then the 
overlooked facility will become subject to the requirements of the 
federal plan for that designated facility, including the compliance 
schedule. The federal plan will no longer apply if we subsequently 
receive and approve the section 111(d)/129 plan from the jurisdiction 
with the overlooked facility.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a CAA 
section 111(d)/129 submission that complies with the provisions of the 
Act and applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C. 
7429; 40 CFR part 60, subparts B and DDDD; and 40 CFR part 62, subpart 
A. With regard to negative declarations for designated facilities 
received by the EPA from states, the EPA's role is to notify the public 
of the receipt of such negative declarations and revise 40 CFR part 62 
accordingly. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because this action is not significant under 
Executive Order 12866;
     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 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).
    This rule also does not have Tribal implications because it will 
not have a substantial direct effect on one or more Indian Tribes, on 
the relationship between the Federal Government and Indian Tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian Tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements, Waste treatment and disposal.


[[Page 72968]]


    Dated: October 29. 2020.
Kenley McQueen,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 62 as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart E--Arkansas

0
2. Add an undesignated center heading and Sec.  62.867 to read as 
follows:

Emissions From Existing Commercial and Industrial Solid Waste 
Incineration Units


Sec.  62.867  Identification of plan--negative declaration.

    Letter from the Arkansas Department of Environmental Quality dated 
April 26, 2017, certifying that there are no incinerators subject to 
the commercial and industrial solid waste incineration (CISWI) Emission 
Guidelines, under 40 CFR part 60, subpart DDDD, within its 
jurisdiction.

Subpart GG--New Mexico

0
3. Revise Sec.  62.7890 to read as follows:


Sec.  62.7890   Identification of sources--negative declarations.

    Letters from the New Mexico Environment Department and the City of 
Albuquerque Environmental Health Department dated June 15, 2020, and 
March 4, 2020, respectively, certifying that there are no incinerators 
subject to the commercial and industrial solid waste incineration 
(CISWI) Emission Guidelines, under 40 CFR part 60, subpart DDDD, within 
their respective jurisdictions in the State of New Mexico.

[FR Doc. 2020-24386 Filed 11-13-20; 8:45 am]
BILLING CODE 6560-50-P


