Air Plan Approval; Wisconsin; Large Municipal Waste Combustors Negative Declaration Withdrawal for Designated Facilities and Pollutants, 11916-11918 [2021-03983]
Download as PDF
11916
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, 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. 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.
FOR FURTHER INFORMATION CONTACT:
Keila M. Paga´n-Incle, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2926. Ms. Paga´n-Incle can also be
reached via electronic mail at paganincle.keila@epa.gov.
SUPPLEMENTARY INFORMATION: EPA
proposed to approve a state
implementation plan (SIP) revision
submitted on March 10, 2020 by the
Pennsylvania Department of
Environmental Protection (PADEP). The
SIP submittal (also referred to as ‘‘1997
8-hour Ozone National Ambient Air
Quality Standard Second Maintenance
Plan for the Youngstown-WarrenSharon Area’’) addresses Clean Air Act
(CAA) requirements for the 1997 8-hour
ozone national ambient air quality
standard (NAAQS) in the YoungstownWarren-Sharon Area. EPA’s October 30,
2020 notice proposed to approve the
second maintenance plan for the
Pennsylvania portion of the
Youngstown-Warren-Sharon Area as a
revision to the Pennsylvania SIP.
EPA is reopening the comment period
based on an anonymous request to
reopen the comment period. The
commenter states they were unable to
obtain information about EPA’s
proposed rulemaking via email or phone
from the EPA contact listed in the
October 30, 2020 notice. After reviewing
this request, EPA has determined that
VerDate Sep<11>2014
17:16 Feb 26, 2021
Jkt 253001
the listed EPA contact was not available
via email or phone during
approximately half of the 30-day
comment period. Therefore, EPA has
decided to reopen the comment period
for an additional 15 days to March 16,
2021. All comments received on or
before March 16, 2021 will be entered
into the public record and considered
by EPA before taking final action on the
proposed rulemaking. Comments
submitted between the close of the
original comment period and the reopening of this comment period will be
accepted and considered.
Dated: February 18, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021–04106 Filed 2–26–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R05–OAR–2020–0518; FRL–10020–
54–Region 5]
Air Plan Approval; Wisconsin; Large
Municipal Waste Combustors Negative
Declaration Withdrawal for Designated
Facilities and Pollutants
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. 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://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Margaret Sieffert, Environmental
Engineer, Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard (AT–18J), Chicago, Illinois
60604, (312) 353–1151,
sieffert.margaret@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
AGENCY:
I. Background
The Environmental Protection
Agency (EPA) is proposing to approve
Wisconsin’s request for withdrawal of
the previously approved Large
Municipal Waste Combustors (LMWC)
Negative Declaration. The Wisconsin
Department of Natural Resources
(WDNR) submitted its LMWC Negative
Declaration withdrawal on September
25, 2020, certifying that the State of
Wisconsin has only one LMWC unit
currently operating and requesting that
the Federal plan continue to apply to
the single source in the state.
DATES: Comments must be received on
or before March 31, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2020–0518, at https://
www.regulations.gov or via email to
hulting.melissa@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, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Section 111(d) of the Clean Air Act
(Act) requires that EPA develop
regulations providing that states must
submit to EPA plans establishing
standards of performance for certain
existing sources of pollutants. A
standard of performance would apply to
the existing source associated with
pollutants that are noncriteria pollutants
(i.e., pollutants for which there is no
national ambient air quality standard)
and are not on a list published under
section 108 of the Act or emitted from
a source category regulated under
section 112 of the Act. Section 129 of
the Act, and 40 CFR part 60, subpart B,
apply the section 111(d) requirements to
existing solid waste combustors,
including LMWCs, and provide that
EPA should include, as part of the
performance standards, emissions
guidelines (EGs) that include the plan
elements required by section 129.
The regulation at 40 CFR part 60,
subpart B, contains general provisions
applicable to the adoption and submittal
of state plans for subject facilities under
sections 111(d) and 129 (111(d)/129
plan) and negative declarations if no
such facilities exist in the state. 40 CFR
part 62, subpart A, provides the
procedural framework for the
submission of the plans and negative
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY:
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
E:\FR\FM\01MRP1.SGM
01MRP1
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules
declarations. If, at a later date, an
existing LMWC is found in a state that
previously submitted a negative
declaration, the Federal plan
implementing the LMWC EGs would
automatically apply to that unit.
EPA promulgated new source
performance standards and EGs for
LMWCs on December 19, 1995 (60 FR
65387), and amended them most
recently on May 10, 2006 (71 FR 27324).
However, on March 20, 2007, EPA
issued a notice of reconsideration for
three sections of the final rule (72 FR
13016). The standards and EGs are
codified at 40 CFR part 60, subparts Cb
and Eb, respectively.
A LMWC unit, as defined in 40 CFR
60.32b, means any municipal waste
combustor unit with a combustion
capacity greater than 250 tons per day
of municipal solid waste. The
designated facilities to which the
original EG’s applied were existing
LMWC units for which construction was
commenced on or before September 20,
1994.
States were required to submit
negative declarations or state plans for
existing LMWCs, pursuant to sections
111(d) and 129 of the Act and 40 CFR
part 60, subpart B. WDNR submitted a
negative declaration under LMWC on
September 26, 1997, certifying that it
had no existing LMWCs. On November
12, 1998, EPA finalized the Federal plan
under 40 CFR part 62, subpart FFF (65
FR 33461). EPA approved WDNR’s
negative declaration under 40 CFR
62.12360 on May 24, 2000 (65 FR
33461).
On September 25, 2020, WDNR
submitted its LMWC negative
declaration withdrawal, in which it
certifies that there is one LMWC unit
currently operating in Wisconsin. The
only LMWC unit is at Xcel French
Island, located in La Crosse, WI.
Because there is only one source, WDNR
is requesting that the previously
approved negative declaration be
withdrawn and that the Federal plan
continue to apply to the source.
Section 111(d)/129 requires states to
submit state plans when LMWC units
exist in its boundaries, and requires
EPA to develop a Federal plan to cover
facilities when states do not develop
VerDate Sep<11>2014
17:16 Feb 26, 2021
Jkt 253001
state plans. EPA understands that the
extensive time and resources that would
be required by WDNR to adopt a rule
and submit a state plan are
disproportionate to the single affected
source in Wisconsin. EPA’s Federal plan
implementing the EG’s would continue
to apply to the source in Wisconsin (as
well as to any existing affected sources
if found at a later date), upon approval
of the withdrawal of the negative
declaration. Wisconsin would
implement and enforce the Federal plan
through its Title V permitting process.
This is described in a February 19, 2002
WDNR and EPA Region 5 Memorandum
of Agreement. This action should not be
construed as an approval of a state plan
or delegation of the Federal plan.
Wisconsin’s section 111(d)/129
obligations are separate from
Wisconsin’s obligations under title V of
the Act. Wisconsin understands and
accepts this limitation.
II. Proposed EPA Action
EPA is proposing to approve
Wisconsin’s request for withdrawal of a
previously approved Negative
Declaration and to amend 40 CFR part
62 to reflect WDNR’s withdrawal.
WDNR submitted its LMWC Negative
Declaration withdrawal on September
25, 2020, certifying that there is only
one LMWC unit, as defined under 40
CFR 60.31b, currently operating in the
State of Wisconsin and requested that
the Federal plan apply to the single
source in the State. EPA understands
that the extensive work that would be
required by WDNR to prepare an
approved state plan would be
disproportionate to the single affected
source in Wisconsin, and is proposing
to approve the withdrawal and have the
Federal plan apply to the known
affected source.
III. Statutory and Executive Order
Reviews
A. General Requirements
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and therefore is not
subject to review by the Office of
Management and Budget under
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
11917
Executive Orders 12866 and 13563 (76
FR 3821, January 21, 2011). For this
reason, this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and merely notifies the
public of EPA’s approval for a
withdrawal of a previously approved
LMWC Negative Declaration. This
action imposes no requirements beyond
those imposed by the state. Accordingly,
the Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it 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). This rule is not
approved to apply on any Indian
reservation land or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a withdrawal, and does not
alter the relationship or the distribution
of power and responsibilities
established in the Act. This rule also is
not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it
approves a withdrawal.
E:\FR\FM\01MRP1.SGM
01MRP1
11918
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Proposed Rules
In reviewing section 111(d)/129 plan
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Act. With regard to
withdrawals for designated facilities
received by EPA from states, EPA’s role
is to notify the public of the approval of
the state’s withdrawal and revise 40
CFR part 62 accordingly. In this context,
in the absence of a prior existing
requirement for the state to use
voluntary consensus standards (VCS),
EPA has no authority to disapprove a
section 111(d)/129 withdrawal for
failure to use VCS. It would thus be
VerDate Sep<11>2014
17:16 Feb 26, 2021
Jkt 253001
inconsistent with applicable law for
EPA, when it reviews a section 111(d)/
129 withdrawal, to use VCS in place of
a section 111(d)/129 withdrawal
submission that otherwise satisfies the
provisions of the Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
PO 00000
Frm 00014
Fmt 4702
Sfmt 9990
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure,
Intergovernmental relations, Reporting
and recordkeeping requirements, Large
Municipal Waste Combustors.
Dated: February 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021–03983 Filed 2–26–21; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\01MRP1.SGM
01MRP1
Agencies
[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Proposed Rules]
[Pages 11916-11918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03983]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2020-0518; FRL-10020-54-Region 5]
Air Plan Approval; Wisconsin; Large Municipal Waste Combustors
Negative Declaration Withdrawal for Designated Facilities and
Pollutants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve Wisconsin's request for withdrawal of the previously approved
Large Municipal Waste Combustors (LMWC) Negative Declaration. The
Wisconsin Department of Natural Resources (WDNR) submitted its LMWC
Negative Declaration withdrawal on September 25, 2020, certifying that
the State of Wisconsin has only one LMWC unit currently operating and
requesting that the Federal plan continue to apply to the single source
in the state.
DATES: Comments must be received on or before March 31, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0518, at https://www.regulations.gov or via email to
[email protected]. 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, 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. 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://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
Section 111(d) of the Clean Air Act (Act) requires that EPA develop
regulations providing that states must submit to EPA plans establishing
standards of performance for certain existing sources of pollutants. A
standard of performance would apply to the existing source associated
with pollutants that are noncriteria pollutants (i.e., pollutants for
which there is no national ambient air quality standard) and are not on
a list published under section 108 of the Act or emitted from a source
category regulated under section 112 of the Act. Section 129 of the
Act, and 40 CFR part 60, subpart B, apply the section 111(d)
requirements to existing solid waste combustors, including LMWCs, and
provide that EPA should include, as part of the performance standards,
emissions guidelines (EGs) that include the plan elements required by
section 129.
The regulation at 40 CFR part 60, subpart B, contains general
provisions applicable to the adoption and submittal of state plans for
subject facilities under sections 111(d) and 129 (111(d)/129 plan) and
negative declarations if no such facilities exist in the state. 40 CFR
part 62, subpart A, provides the procedural framework for the
submission of the plans and negative
[[Page 11917]]
declarations. If, at a later date, an existing LMWC is found in a state
that previously submitted a negative declaration, the Federal plan
implementing the LMWC EGs would automatically apply to that unit.
EPA promulgated new source performance standards and EGs for LMWCs
on December 19, 1995 (60 FR 65387), and amended them most recently on
May 10, 2006 (71 FR 27324). However, on March 20, 2007, EPA issued a
notice of reconsideration for three sections of the final rule (72 FR
13016). The standards and EGs are codified at 40 CFR part 60, subparts
Cb and Eb, respectively.
A LMWC unit, as defined in 40 CFR 60.32b, means any municipal waste
combustor unit with a combustion capacity greater than 250 tons per day
of municipal solid waste. The designated facilities to which the
original EG's applied were existing LMWC units for which construction
was commenced on or before September 20, 1994.
States were required to submit negative declarations or state plans
for existing LMWCs, pursuant to sections 111(d) and 129 of the Act and
40 CFR part 60, subpart B. WDNR submitted a negative declaration under
LMWC on September 26, 1997, certifying that it had no existing LMWCs.
On November 12, 1998, EPA finalized the Federal plan under 40 CFR part
62, subpart FFF (65 FR 33461). EPA approved WDNR's negative declaration
under 40 CFR 62.12360 on May 24, 2000 (65 FR 33461).
On September 25, 2020, WDNR submitted its LMWC negative declaration
withdrawal, in which it certifies that there is one LMWC unit currently
operating in Wisconsin. The only LMWC unit is at Xcel French Island,
located in La Crosse, WI. Because there is only one source, WDNR is
requesting that the previously approved negative declaration be
withdrawn and that the Federal plan continue to apply to the source.
Section 111(d)/129 requires states to submit state plans when LMWC
units exist in its boundaries, and requires EPA to develop a Federal
plan to cover facilities when states do not develop state plans. EPA
understands that the extensive time and resources that would be
required by WDNR to adopt a rule and submit a state plan are
disproportionate to the single affected source in Wisconsin. EPA's
Federal plan implementing the EG's would continue to apply to the
source in Wisconsin (as well as to any existing affected sources if
found at a later date), upon approval of the withdrawal of the negative
declaration. Wisconsin would implement and enforce the Federal plan
through its Title V permitting process. This is described in a February
19, 2002 WDNR and EPA Region 5 Memorandum of Agreement. This action
should not be construed as an approval of a state plan or delegation of
the Federal plan. Wisconsin's section 111(d)/129 obligations are
separate from Wisconsin's obligations under title V of the Act.
Wisconsin understands and accepts this limitation.
II. Proposed EPA Action
EPA is proposing to approve Wisconsin's request for withdrawal of a
previously approved Negative Declaration and to amend 40 CFR part 62 to
reflect WDNR's withdrawal. WDNR submitted its LMWC Negative Declaration
withdrawal on September 25, 2020, certifying that there is only one
LMWC unit, as defined under 40 CFR 60.31b, currently operating in the
State of Wisconsin and requested that the Federal plan apply to the
single source in the State. EPA understands that the extensive work
that would be required by WDNR to prepare an approved state plan would
be disproportionate to the single affected source in Wisconsin, and is
proposing to approve the withdrawal and have the Federal plan apply to
the known affected source.
III. Statutory and Executive Order Reviews
A. General Requirements
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and
therefore is not subject to review by the Office of Management and
Budget under Executive Orders 12866 and 13563 (76 FR 3821, January 21,
2011). For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely approves state law as meeting Federal requirements and
merely notifies the public of EPA's approval for a withdrawal of a
previously approved LMWC Negative Declaration. This action imposes no
requirements beyond those imposed by the state. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
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). This rule is not approved to apply on any
Indian reservation land or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000). This action also does not have Federalism implications because
it does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a withdrawal, and does not alter
the relationship or the distribution of power and responsibilities
established in the Act. This rule also is not subject to Executive
Order 13045 (62 FR 19885, April 23, 1997), because it approves a
withdrawal.
[[Page 11918]]
In reviewing section 111(d)/129 plan submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the Act.
With regard to withdrawals for designated facilities received by EPA
from states, EPA's role is to notify the public of the approval of the
state's withdrawal and revise 40 CFR part 62 accordingly. In this
context, in the absence of a prior existing requirement for the state
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a section 111(d)/129 withdrawal for failure to use VCS. It
would thus be inconsistent with applicable law for EPA, when it reviews
a section 111(d)/129 withdrawal, to use VCS in place of a section
111(d)/129 withdrawal submission that otherwise satisfies the
provisions of the Act. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Reporting and
recordkeeping requirements, Large Municipal Waste Combustors.
Dated: February 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-03983 Filed 2-26-21; 8:45 am]
BILLING CODE 6560-50-P