[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Rules and Regulations]
[Pages 22875-22876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08915]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R06-OAR-2021-0059; FRL-10022-53-Region 6]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Louisiana; Control of Emissions 
From Existing Other 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 a CAA section 111(d)/129 negative declaration from 
Louisiana for existing incinerators subject to the Other Solid Waste 
Incineration units (OSWI) emission guidelines (EG). This negative 
declaration from Louisiana certifies that incinerators subject to the 
OSWI EG and the requirements of sections 111(d) and 129 of the CAA do 
not exist within the jurisdiction of Louisiana. The EPA is accepting 
the negative declaration and amending the agency regulations in 
accordance with the requirements of the CAA.

DATES: This rule is effective on June 1, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2021-0059. 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 and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Karolina Ruan Lei, EPA Region 6 
Office, Air and Radiation Division--State Planning and Implementation 
Branch, 1201 Elm Street, Suite 500, Dallas, TX 75270, (214) 665-7346, 
ruan-lei.karolina@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 
February 24, 2021, proposal (86 FR 11212). In that document we proposed 
to accept the OSWI negative declaration from the Louisiana Department 
of Environmental Quality (LDEQ) and to amend the Code of Federal 
Regulations (CFR) in accordance with the requirements of the CAA. No 
comments were received on the February 24, 2021, proposal.

II. Final Action

    In this final action, the EPA is amending 40 CFR part 62, subpart 
T, to reflect receipt of the negative declaration letter from LDEQ, 
received on November 24, 2020, certifying that there are no existing 
incinerators subject to 40 CFR part 60, subpart FFFF, in its 
jurisdiction in accordance with 40 CFR 60.23(b), 40 CFR 62.06, 40 CFR 
60.2982, and sections 111(d) and 129 of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a CAA 
section 111(d)/129 submission that complies

[[Page 22876]]

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 FFFF; 
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);
     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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 29, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

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.

    Dated: April 23, 2021.
David Gray,
Acting 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 T--Louisiana

0
2. Add an undesignated center heading and Sec.  62.4675 to read as 
follows:

Emissions From Existing Other Solid Waste Incineration Units


Sec.  62.4675   Identification of plan--negative declaration.

    Letter from the Louisiana Department of Environmental Quality dated 
November 24, 2020, certifying that there are no incinerators subject to 
the Other Solid Waste Incineration units (OSWI) Emission Guidelines, at 
40 CFR part 60, subpart FFFF, within its jurisdiction in the State of 
Louisiana.

[FR Doc. 2021-08915 Filed 4-29-21; 8:45 am]
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