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, 48485-48487 [2020-16670]

Download as PDF Federal Register / Vol. 85, No. 155 / Tuesday, August 11, 2020 / Proposed Rules (2) For service information identified in this AD, contact Rolls-Royce Corporation, 450 South Meridian Street, Mail Code NB– 01–06, Indianapolis, IN 46225; phone: 317– 230–1667; email: CMSEindyOSD@rollsroyce.com; internet: www.rolls-royce.com. You may view this referenced service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781–238–7759. Issued on August 5, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. Accordingly, the notice of proposed rulemaking (REG–106013–19) that was the subject of FR Doc. 2020–05923, published at 85 FR 19858 (April 8, 2020), is corrected to read as follows: [Corrected] 1. On page 19872, first column, the fifth line of paragraph (c)(6)(i), the language ‘‘allocated or’’ is corrected to read ‘‘allocated and’’. ■ 2. On page 19872, the third line from the bottom of paragraph (c)(6)(iv)(A)(2), the language, ‘‘allocated or’’ is corrected to read ‘‘allocated and’’. ■ 3. On page 19873, third column, the third line of paragraph (c)(6)(iv)(B)(2), the language, ‘‘are allocated or’’ is corrected to read ‘‘are allocated and’’. DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG–106013–19] RIN 1545–BP22 Guidance Involving Hybrid Arrangements and the Allocation of Deductions Attributable to Certain Disqualified Payments Under Section 951A (Global Intangible Low-Taxed Income); Correction Internal Revenue Service (IRS), Treasury. ACTION: Correction to a notice of proposed rulemaking. AGENCY: This document contains a correction to a notice of proposed rulemaking that was published in the Federal Register on April 8, 2020. The proposed regulations that adjust hybrid deduction accounts to take into account earnings and profits of a controlled foreign corporation that are included in income by a United States shareholder. DATES: This correction is effective on August 11, 2020 and is applicable beginning April 8, 2020. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations under section 951A, Jorge M. Oben at (202) 317–6934; concerning all other proposed regulations, Richard F. Owens at (202) 317–6501 (not toll-free numbers). SUMMARY: SUPPLEMENTARY INFORMATION: Background The proposed regulations that are the subject of this correction are under section 245A of the Internal Revenue Code. Jkt 250001 Correction of Publication ■ BILLING CODE 4910–13–P 16:20 Aug 10, 2020 As published, the notice of proposed regulations (REG–106013–19) contained errors that need to be corrected. § 1.951A–2 [FR Doc. 2020–17389 Filed 8–10–20; 8:45 am] VerDate Sep<11>2014 Need for Correction Martin V. Franks, Branch Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. 2020–15857 Filed 8–10–20; 8:45 am] BILLING CODE 4830–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–R06–OAR–2020–0357; FRL–10012– 53–Region 6] Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Arkansas, New Mexico, and AlbuquerqueBernalillo County, New Mexico; Control of Emissions From Existing Commercial and Industrial Solid Waste Incineration Units Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: 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 AlbuquerqueBernalillo 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 SUMMARY: PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 48485 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 proposing to accept the negative declarations and amend the CFR in accordance with the requirements of the CAA. DATES: Written comments must be received on or before September 10, 2020. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2020–0357, at https:// www.regulations.gov or via email to ruan-lei.karolina@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from 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, please contact Karolina Ruan Lei, (214) 665– 7346, ruan-lei.karolina@epa.gov. 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. Docket: The index to the docket for this action is available electronically at www.regulations.gov. While all documents in the docket are listed in the index, some information may not be publicly available due to docket file size restrictions or content (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Karolina Ruan Lei, EPA Region 6 Office, Air and Radiation Division—State Planning and Implementation Branch, (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. We encourage the public to submit comments via https://www.regulations.gov, as there will be a delay in processing mail and no courier or hand deliveries will be accepted. Please call or email the contact listed above if you need E:\FR\FM\11AUP1.SGM 11AUP1 48486 Federal Register / Vol. 85, No. 155 / Tuesday, August 11, 2020 / Proposed Rules alternative access to material indexed but not provided in the docket. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. I. Background Sections 111(d) and 129 of the CAA require states to submit plans to control certain pollutants (designated pollutants) at existing solid waste combustor facilities (designated facilities) whenever standards of performance have been established under section 111(b) for new sources of the same type, and the EPA has established emission guidelines for such existing sources. CAA section 129 directs the EPA to establish standards of performance for new sources (NSPS) and emissions guidelines (EG) for existing sources for each category of solid waste incinerator specified in CAA section 129. Under CAA section 129, NSPS and EG must contain numerical emissions limitations for particulate matter, opacity (as appropriate), sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans. While NSPS are directly applicable to new sources (affected facilities), EG for existing sources (designated facilities) are intended for states to use to develop a state plan to submit to the EPA. Once approved by the EPA, the state plan becomes federally enforceable. If a state does not submit an approvable state plan to the EPA, the EPA is responsible for developing, implementing, and enforcing a federal plan. The regulations at 40 CFR part 60, subpart B, contain general provisions applicable to the adoption and submittal of state plans for controlling designated pollutants from designated facilities. Additionally, 40 CFR part 62, subpart A, provides the procedural framework by which the EPA will approve or disapprove such plans submitted by a state. When designated facilities are located in a state, the state must then develop and submit a plan for the control of the designated pollutant(s). However, 40 CFR 60.23(b) and 40 CFR 62.06 provide that if there are no designated facilities of the designated pollutant(s) in the state, the state may submit a letter of certification to that effect (i.e., negative declaration) in lieu of a plan. The negative declaration exempts the state from the requirements of subpart B that require the submittal of a CAA section 111(d)/129 plan. On December 1, 2000, EPA promulgated the CISWI NSPS at 40 CFR part 60, subpart CCCC, and the CISWI VerDate Sep<11>2014 16:20 Aug 10, 2020 Jkt 250001 EG at 40 CFR part 60, subpart DDDD (65 FR 75338). On March 21, 2011, after voluntarily remanding the 2000 CISWI NSPS and EG, the EPA promulgated final CISWI NSPS and EG (76 FR 15704). Correspondingly, on the same date, EPA promulgated a final rule under the Resource Conservation and Recovery Act (RCRA) to identify which non-hazardous secondary materials, when used as fuels or ingredients in combustion units, are ‘‘solid wastes’’ (76 FR 15456).1 EPA subsequently promulgated amendments to both rules on February 7, 2013: Commercial and Industrial Solid Waste Incineration Units: Reconsideration and Final Amendments; Non-Hazardous Secondary Materials That Are Solid Waste; Final Rule (78 FR 9112). Reconsideration of certain aspects of the final CISWI rule resulted in minor amendments (81 FR 40956, June 23, 2016).2 On April 16, 2019, EPA finalized further amendments to the CISWI NSPS and EG in order to provide clarity and address implementation issues (84 FR 15846).3 The CISWI NSPS and EG were significantly revised in the February 7, 2013, rulemaking, and the subsequent final rulemakings on June 23, 2016, and April 16, 2019, contained minor amendments to the CISWI rules that did not make any changes to the applicability of the designated facilitates, including 40 CFR 60.2505, ‘‘Am I affected by this subpart?’’. As provided by 40 CFR 60.2505, the designated facilities to which the CISWI EG apply are CISWI and air curtain incinerators (ACI) 4 that commenced construction on or before June 4, 2010, 1 See 40 CFR part 241, Solid Wastes Used as Fuels or Ingredients in Combustion Units, also known as the ‘‘Non-Hazardous Secondary Material Rule.’’ The identification of solid waste in the Non-Hazardous Secondary Material Rule is used to determine whether a combustion unit is required to meet the emissions standards for solid waste incineration units issued under sections 111 and 129 of the Act, or meet the emissions standards for commercial, industrial, and institutional boilers issued under section 112 of the Act. 2 In the June 23, 2016, final action, the EPA finalized amendments on these four topics: Definition of ‘‘continuous emission monitoring system (CEMS) data during startup and shutdown periods;’’ particulate matter (PM) limit for the waste-burning kiln subcategory; fuel variability factor (FVF) for coal-burning energy recovery units (ERUs); and the definition of ‘‘kiln.’’ 3 In the April 16, 2016, final action, the EPA made technical amendments to correct and clarify various parts of the June 23, 2016 final rule; this includes issues with implementation of the standards, testing and monitoring issues and inconsistencies, and other regulatory provisions. 4 These air curtain incinerators (ACI) that are subject to the CISWI EG at 40 CFR part 60, subpart DDDD, are those ACI that may not fit the definition of a ‘‘CISWI’’ under the CISWI EG. See 40 CFR 60.2875. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 or for which modification or reconstruction was commenced on or before August 7, 2013, with limited exceptions as provided under 40 CFR 60.2555. In order to fulfill obligations under CAA sections 111(d) and 129, the Arkansas Department of Environmental Quality (ADEQ), New Mexico Environment Department (NMED), and City of Albuquerque Environmental Health Department (AEHD) submitted negative declarations for incinerators subject to the CISWI EG for their individual air pollution control jurisdictions.5 The submittal of these negative declarations exempts Arkansas and New Mexico (including Albuquerque-Bernalillo County) from the requirement to submit a state plan under 40 CFR part 60, subpart DDDD. ADEQ, NMED and AEHD each determined that there are no existing incinerators subject to the CISWI EG in accordance with CAA sections 111(d) and 129 requirements in their individual air pollution control jurisdictions. In order to fulfill obligations under CAA sections 111(d) and 129, ADEQ, NMED and AEHD submitted negative declaration letters to the EPA on April 26, 2017, June 15, 2020, and March 4, 2020, respectively. A copy of each negative declaration letter is included in the docket for this rulemaking (Docket No. EPA–R06– OAR–2020–0357). II. Proposed Action The EPA is proposing to acknowledge receipt of the negative declaration letters from Arkansas, New Mexico, and Albuquerque-Bernalillo County, New Mexico, and amend 40 CFR part 62 in accordance with the requirements at 40 CFR 60.23(b), 40 CFR 62.06, 40 CFR 60.2510, 40 CFR 60.2530, and sections 111(d) and 129 of the CAA. These negative declarations submitted by ADEQ, NMED, and AEHD certify that there are no existing incinerators subject to 40 CFR part 60, subpart DDDD, in their respective jurisdictions. If a designated facility (i.e., existing incinerators subject to the CISWI EG) is later found within the aforementioned jurisdictions after publication of a final action, then the overlooked facility will become subject to the requirements of the federal plan for that designated facility. 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. 5 These CISWI negative declarations from ADEQ, NMED and AEHD do not cover sources located in Indian country. E:\FR\FM\11AUP1.SGM 11AUP1 Federal Register / Vol. 85, No. 155 / Tuesday, August 11, 2020 / Proposed Rules 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 VerDate Sep<11>2014 16:20 Aug 10, 2020 Jkt 250001 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. Authority: 42 U.S.C. 7401 et seq. Dated: July 28, 2020. Kenley McQueen, Regional Administrator, Region 6. [FR Doc. 2020–16670 Filed 8–10–20; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R1–ES–2020–0050; FF09E21000 FXES11110900000 201] RIN 1018–BF01 Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Northern Spotted Owl Fish and Wildlife Service, Interior. ACTION: Proposed rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service), propose to revise the designated critical habitat for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we propose to revise the species’ designated critical habitat by newly excluding approximately 204,653 acres (82,820 hectares) in Benton, Clackamas, Coos, Curry, Douglas, Jackson, Josephine, Klamath, Lane, Lincoln, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties, Oregon, under section 4(b)(2) of the Act. These proposed exclusions are based on new information that has become available since our 2012 revised critical habitat designation for the northern spotted owl. This proposed rule focuses only on new exclusions under section 4(b)(2) of the Act in response to a stipulated settlement agreement; we are not proposing any other revisions to the SUMMARY: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 48487 northern spotted owl’s critical habitat designation. DATES: We will accept comments received or postmarked on or before October 13, 2020. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. We must receive requests for a public hearing, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by September 25, 2020. ADDRESSES: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS–R1–ES–2020– 0050, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the Search panel on the left side of the screen, under the Document Type heading, check the Proposed Rule box to locate this document. You may submit a comment by clicking on ‘‘Comment Now!’’ (2) By hard copy: Submit by U.S. mail: Public Comments Processing, Attn: FWS–R1–ES–2020–0050, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041– 3803. We request that you send comments only by the methods described above. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Information Requested, below, for more information). Availability of supporting materials: For the proposed critical habitat exclusions, maps and the coordinates or plot points or both of the subject areas are included in the administrative record and are available at https:// www.fws.gov/oregonfwo and at https:// www.regulations.gov under Docket No. FWS–R1–ES–2020–0050. FOR FURTHER INFORMATION CONTACT: Paul Henson, Ph.D., State Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Portland, OR 97266; telephone 503–231–6179. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: Information Requested We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. E:\FR\FM\11AUP1.SGM 11AUP1

Agencies

[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Proposed Rules]
[Pages 48485-48487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16670]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R06-OAR-2020-0357; FRL-10012-53-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: Proposed rule.

-----------------------------------------------------------------------

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 proposing to accept the negative 
declarations and amend the CFR in accordance with the requirements of 
the CAA.

DATES: Written comments must be received on or before September 10, 
2020.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0357, at https://www.regulations.gov or via email to [email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
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, please contact Karolina Ruan Lei, (214) 
665-7346, [email protected]. 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.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov. While all documents in the 
docket are listed in the index, some information may not be publicly 
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Karolina Ruan Lei, EPA Region 6 
Office, Air and Radiation Division--State Planning and Implementation 
Branch, (214) 665-7346, [email protected]. 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. We encourage the public to submit comments via https://www.regulations.gov, as there will be a delay in processing mail and no 
courier or hand deliveries will be accepted. Please call or email the 
contact listed above if you need

[[Page 48486]]

alternative access to material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    Sections 111(d) and 129 of the CAA require states to submit plans 
to control certain pollutants (designated pollutants) at existing solid 
waste combustor facilities (designated facilities) whenever standards 
of performance have been established under section 111(b) for new 
sources of the same type, and the EPA has established emission 
guidelines for such existing sources. CAA section 129 directs the EPA 
to establish standards of performance for new sources (NSPS) and 
emissions guidelines (EG) for existing sources for each category of 
solid waste incinerator specified in CAA section 129. Under CAA section 
129, NSPS and EG must contain numerical emissions limitations for 
particulate matter, opacity (as appropriate), sulfur dioxide, hydrogen 
chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, 
and dioxins and dibenzofurans. While NSPS are directly applicable to 
new sources (affected facilities), EG for existing sources (designated 
facilities) are intended for states to use to develop a state plan to 
submit to the EPA. Once approved by the EPA, the state plan becomes 
federally enforceable. If a state does not submit an approvable state 
plan to the EPA, the EPA is responsible for developing, implementing, 
and enforcing a federal plan.
    The regulations at 40 CFR part 60, subpart B, contain general 
provisions applicable to the adoption and submittal of state plans for 
controlling designated pollutants from designated facilities. 
Additionally, 40 CFR part 62, subpart A, provides the procedural 
framework by which the EPA will approve or disapprove such plans 
submitted by a state. When designated facilities are located in a 
state, the state must then develop and submit a plan for the control of 
the designated pollutant(s). However, 40 CFR 60.23(b) and 40 CFR 62.06 
provide that if there are no designated facilities of the designated 
pollutant(s) in the state, the state may submit a letter of 
certification to that effect (i.e., negative declaration) in lieu of a 
plan. The negative declaration exempts the state from the requirements 
of subpart B that require the submittal of a CAA section 111(d)/129 
plan.
    On December 1, 2000, EPA promulgated the CISWI NSPS at 40 CFR part 
60, subpart CCCC, and the CISWI EG at 40 CFR part 60, subpart DDDD (65 
FR 75338). On March 21, 2011, after voluntarily remanding the 2000 
CISWI NSPS and EG, the EPA promulgated final CISWI NSPS and EG (76 FR 
15704). Correspondingly, on the same date, EPA promulgated a final rule 
under the Resource Conservation and Recovery Act (RCRA) to identify 
which non-hazardous secondary materials, when used as fuels or 
ingredients in combustion units, are ``solid wastes'' (76 FR 15456).\1\ 
EPA subsequently promulgated amendments to both rules on February 7, 
2013: Commercial and Industrial Solid Waste Incineration Units: 
Reconsideration and Final Amendments; Non-Hazardous Secondary Materials 
That Are Solid Waste; Final Rule (78 FR 9112). Reconsideration of 
certain aspects of the final CISWI rule resulted in minor amendments 
(81 FR 40956, June 23, 2016).\2\ On April 16, 2019, EPA finalized 
further amendments to the CISWI NSPS and EG in order to provide clarity 
and address implementation issues (84 FR 15846).\3\
---------------------------------------------------------------------------

    \1\ See 40 CFR part 241, Solid Wastes Used as Fuels or 
Ingredients in Combustion Units, also known as the ``Non-Hazardous 
Secondary Material Rule.'' The identification of solid waste in the 
Non-Hazardous Secondary Material Rule is used to determine whether a 
combustion unit is required to meet the emissions standards for 
solid waste incineration units issued under sections 111 and 129 of 
the Act, or meet the emissions standards for commercial, industrial, 
and institutional boilers issued under section 112 of the Act.
    \2\ In the June 23, 2016, final action, the EPA finalized 
amendments on these four topics: Definition of ``continuous emission 
monitoring system (CEMS) data during startup and shutdown periods;'' 
particulate matter (PM) limit for the waste-burning kiln 
subcategory; fuel variability factor (FVF) for coal-burning energy 
recovery units (ERUs); and the definition of ``kiln.''
    \3\ In the April 16, 2016, final action, the EPA made technical 
amendments to correct and clarify various parts of the June 23, 2016 
final rule; this includes issues with implementation of the 
standards, testing and monitoring issues and inconsistencies, and 
other regulatory provisions.
---------------------------------------------------------------------------

    The CISWI NSPS and EG were significantly revised in the February 7, 
2013, rulemaking, and the subsequent final rulemakings on June 23, 
2016, and April 16, 2019, contained minor amendments to the CISWI rules 
that did not make any changes to the applicability of the designated 
facilitates, including 40 CFR 60.2505, ``Am I affected by this 
subpart?''. As provided by 40 CFR 60.2505, the designated facilities to 
which the CISWI EG apply are CISWI and air curtain incinerators (ACI) 
\4\ that commenced construction on or before June 4, 2010, or for which 
modification or reconstruction was commenced on or before August 7, 
2013, with limited exceptions as provided under 40 CFR 60.2555.
---------------------------------------------------------------------------

    \4\ These air curtain incinerators (ACI) that are subject to the 
CISWI EG at 40 CFR part 60, subpart DDDD, are those ACI that may not 
fit the definition of a ``CISWI'' under the CISWI EG. See 40 CFR 
60.2875.
---------------------------------------------------------------------------

    In order to fulfill obligations under CAA sections 111(d) and 129, 
the Arkansas Department of Environmental Quality (ADEQ), New Mexico 
Environment Department (NMED), and City of Albuquerque Environmental 
Health Department (AEHD) submitted negative declarations for 
incinerators subject to the CISWI EG for their individual air pollution 
control jurisdictions.\5\ The submittal of these negative declarations 
exempts Arkansas and New Mexico (including Albuquerque-Bernalillo 
County) from the requirement to submit a state plan under 40 CFR part 
60, subpart DDDD.
---------------------------------------------------------------------------

    \5\ These CISWI negative declarations from ADEQ, NMED and AEHD 
do not cover sources located in Indian country.
---------------------------------------------------------------------------

    ADEQ, NMED and AEHD each determined that there are no existing 
incinerators subject to the CISWI EG in accordance with CAA sections 
111(d) and 129 requirements in their individual air pollution control 
jurisdictions. In order to fulfill obligations under CAA sections 
111(d) and 129, ADEQ, NMED and AEHD submitted negative declaration 
letters to the EPA on April 26, 2017, June 15, 2020, and March 4, 2020, 
respectively. A copy of each negative declaration letter is included in 
the docket for this rulemaking (Docket No. EPA-R06-OAR-2020-0357).

II. Proposed Action

    The EPA is proposing to acknowledge receipt of the negative 
declaration letters from Arkansas, New Mexico, and Albuquerque-
Bernalillo County, New Mexico, and amend 40 CFR part 62 in accordance 
with the requirements at 40 CFR 60.23(b), 40 CFR 62.06, 40 CFR 60.2510, 
40 CFR 60.2530, and sections 111(d) and 129 of the CAA. These negative 
declarations submitted by ADEQ, NMED, and AEHD certify that there are 
no existing incinerators subject to 40 CFR part 60, subpart DDDD, in 
their respective jurisdictions. If a designated facility (i.e., 
existing incinerators subject to the CISWI EG) is later found within 
the aforementioned jurisdictions after publication of a final action, 
then the overlooked facility will become subject to the requirements of 
the federal plan for that designated facility. 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.

[[Page 48487]]

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.

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

    Dated: July 28, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-16670 Filed 8-10-20; 8:45 am]
BILLING CODE 6560-50-P
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