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, 72967-72968 [2020-24386]
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Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Rules and Regulations
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 AlbuquerqueBernalillo County, New Mexico;
Control of Emissions From Existing
Commercial and Industrial Solid Waste
Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Final 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
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
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:17 Nov 13, 2020
Jkt 253001
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:
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
72967
• 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.
E:\FR\FM\16NOR1.SGM
16NOR1
72968
Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Rules and Regulations
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
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart E—Arkansas
2. Add an undesignated center
heading and § 62.867 to read as follows:
■
Emissions From Existing Commercial
and Industrial Solid Waste Incineration
Units
§ 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
■
This regulation establishes
tolerances for residues of the insecticide
indoxacarb in or on Almond, hulls at 8
parts per million (ppm) and Nut, tree,
group 14–12 at 0.08 ppm. FMC
Corporation requested tolerances for
these commodities under the Federal
Food, Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
November 16, 2020. Objections and
requests for hearings must be received
on or before January 15, 2021, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0384, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Acting Director,
Registration Division (7505P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Avenue NW, Washington, DC 20460–
0001; main telephone number: (703)
305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
3. Revise § 62.7890 to read as follows:
§ 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]
I. General Information
BILLING CODE 6560–50–P
A. Does this action apply to me?
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
jbell on DSKJLSW7X2PROD with RULES
[EPA–HQ–OPP–2019–0384; FRL–10012–78]
Indoxacarb; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
17:17 Nov 13, 2020
Jkt 253001
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Publishing Office’s eCFR site at https://www.ecfr.gov/cgi-bin/
text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2019–0384 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
January 15, 2021. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2019–0384, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
E:\FR\FM\16NOR1.SGM
16NOR1
]]>Agencies
[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]]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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,
[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. 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
