Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Arkansas, Louisiana, New Mexico, and Albuquerque-Bernalillo County, New Mexico; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units, 12109-12110 [2021-02893]
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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations
*
*
*
*
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.
*
[FR Doc. 2021–04195 Filed 3–1–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R06–OAR–2020–0315; FRL–10019–
25–Region 6]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants; Arkansas,
Louisiana, New Mexico, and
Albuquerque-Bernalillo County, New
Mexico; Control of Emissions From
Existing Hospital/Medical/Infectious
Waste Incinerator 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,
Louisiana, New Mexico, and
Albuquerque-Bernalillo County, New
Mexico, for existing Hospital/Medical/
Infectious Waste Incinerator (HMIWI)
units. These negative declarations
certify that HMIWI subject to the
requirements of sections 111(d) and 129
of the CAA do not exist within the
jurisdictions of Arkansas, Louisiana,
New Mexico, and AlbuquerqueBernalillo County. The EPA is accepting
the negative declarations and amending
the agency’s regulations in accordance
with the requirements of the CAA.
DATES: This rule is effective on April 1,
2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2020–0315. 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:
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, ruanlei.karolina@epa.gov. Out of an
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:15 Mar 01, 2021
Jkt 253001
I. Background
The background for this action is
discussed in detail in our July 10, 2020,
proposal (85 FR 41484). In that
document we proposed to accept the
HMIWI negative declarations from the
Arkansas Department of Environmental
Quality (ADEQ), Louisiana Department
of Environmental Quality (LDEQ),
Oklahoma Department of Environmental
Quality (ODEQ), New Mexico
Environment Department (NMED), and
City of Albuquerque Environmental
Health Department (AEHD), and to
amend the Code of Federal Regulations
(CFR) in accordance with the
requirements of the CAA. In this
rulemaking, we are only taking final
action on the HMIWI negative
declaration letters from Arkansas,
Louisiana, New Mexico, and
Albuquerque-Bernalillo County, New
Mexico, and amending the CFR
accordingly. We will take final action on
the HMIWI negative declaration
submitted by ODEQ for Oklahoma in a
future, separate rulemaking.
II. Response to Comments
We received two comments on our
proposal. We have determined that one
comment has no relevance to the subject
of this rulemaking and no further
response is required. The other
comment recommended that a state plan
with the more stringent controls and
results in the cleanest air should be
adopted. As explained in our proposal,
the negative declarations received
reflect the absence of any sources
subject to the standards of performance
in the HMIWI Emission Guidelines,
codified at 40 CFR part 60, subpart Ce,
and therefore a plan is not required. If
any sources within the stated
jurisdictions are later identified as
subject to the requirements of 40 CFR
part 60, subpart Ce, then such sources
would be subject to the federal plan and
the associated compliance schedule,
unless and until the EPA approves a
state plan for those sources.
III. Final Action
The EPA is amending 40 CFR part 62
to reflect receipt of the negative
declaration letters from ADEQ, LDEQ,
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
12109
NMED and AEHD certifying that there
are no existing HMIWI subject to 40 CFR
part 60, subpart Ce, in their respective
jurisdictions in accordance with 40 CFR
60.23(b), 40 CFR 62.06, and sections
111(d) and 129 of the CAA. If a
designated facility (i.e., existing HMIWI)
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, 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.
IV. 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 Ce; 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
E:\FR\FM\02MRR1.SGM
02MRR1
12110
Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations
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.
§ 62.4620
[Amended]
4. Amend § 62.4620 by removing and
reserving paragraphs (b)(5) and (c)(6).
■ 5. Revise the undesignated center
heading above § 62.4633 to read as
follows:
■
Emissions From Existing Hospital/
Medical/Infectious Waste Incinerators
■
6. Revise § 62.4633 to read as follows:
§ 62.4633 Identification of plan—negative
declaration.
Letter from the Louisiana Department
of Environmental Quality dated June 25,
2012, certifying that there are no known
existing hospital/medical/infectious
waste incinerator (HMIWI) units subject
to 40 CFR part 60, subpart Ce, within its
jurisdiction.
■ 7. Remove the undesignated center
heading above § 62.4634.
§ 62.4634
■
[Removed]
8. Remove § 62.4634.
Subpart GG—New Mexico
Dated: February 5, 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:
Letters from the New Mexico
Environment Department and the City
of Albuquerque Environmental Health
Department dated February 11, 2014,
and February 4, 2014, respectively,
certifying that there are no existing
hospital/medical/infectious waste
incinerator (HMIWI) units subject to 40
CFR part 60, subpart Ce, within their
respective jurisdictions in the State of
New Mexico.
1. The authority citation for part 62
continues to read as follows:
■
[FR Doc. 2021–02893 Filed 3–1–21; 8:45 am]
BILLING CODE 6560–50–P
Authority: 42 U.S.C. 7401 et seq.
Subpart E—Arkansas
ENVIRONMENTAL PROTECTION
AGENCY
2. Add an undesignated center
heading following § 62.867 to read as
follows:
■
40 CFR Part 282
Emissions From Existing Hospital/
Medical/Infectious Waste Incinerators
■
3. Add 62.868 to read as follows:
§ 62.868 Identification of plan—negative
declaration.
Letter from the Arkansas Department
of Environmental Quality dated May 21,
2012, certifying that there are no known
existing hospital/medical/infectious
waste incinerator (HMIWI) units subject
to 40 CFR part 60, subpart Ce, within its
jurisdiction.
VerDate Sep<11>2014
16:15 Mar 01, 2021
Jkt 253001
9. Revise § 62.7870 to read as follows:
§ 62.7870 Identification of plan—negative
declarations.
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
jbell on DSKJLSW7X2PROD with RULES
Subpart T—Louisiana
[EPA–R03–UST–2020–0291; FRL 10018–06–
Region 3]
Virginia: Final Approval of State
Underground Storage Tank Program
Revisions, Codification, and
Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Solid Waste
Disposal Act of 1965, as amended
(commonly known as the Resource
Conservation and Recovery Act
SUMMARY:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
(RCRA)), the Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Commonwealth of Virginia’s
Underground Storage Tank (UST)
program submitted by the
Commonwealth of Virginia (Virginia or
State). This action also codifies EPA’s
approval of Virginia’s state program and
incorporates by reference (IBR) those
provisions of Virginia’s regulations and
statutes that EPA has determined meet
the requirements for approval. The
provisions will be subject to EPA’s
inspection and enforcement authorities
under sections 9005 and 9006 of RCRA
Subtitle I and other applicable statutory
and regulatory provisions.
DATES: This rule is effective May 3,
2021, unless EPA receives significant
negative comments opposing this action
by April 1, 2021. If EPA receives
significant negative comments opposing
this action, EPA will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. The incorporation by
reference of certain publications listed
in the regulations is approved by the
Director of the Federal Register, as of
May 3, 2021, in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: uybarreta.thomas@epa.gov.
Instructions: Direct your comments to
Docket ID No. EPA–R03–UST–2020–
0291. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov, or email. The
federal website, https://
www.regulations.gov, is an ‘‘anonymous
access’’ system, which means EPA will
not know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
E:\FR\FM\02MRR1.SGM
02MRR1
]]>Agencies
[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Rules and Regulations]
[Pages 12109-12110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02893]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R06-OAR-2020-0315; FRL-10019-25-Region 6]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Arkansas, Louisiana, New Mexico,
and Albuquerque-Bernalillo County, New Mexico; Control of Emissions
From Existing Hospital/Medical/Infectious Waste Incinerator 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, Louisiana, New Mexico, and Albuquerque-Bernalillo County, New
Mexico, for existing Hospital/Medical/Infectious Waste Incinerator
(HMIWI) units. These negative declarations certify that HMIWI subject
to the requirements of sections 111(d) and 129 of the CAA do not exist
within the jurisdictions of Arkansas, Louisiana, New Mexico, and
Albuquerque-Bernalillo County. The EPA is accepting the negative
declarations and amending the agency's regulations in accordance with
the requirements of the CAA.
DATES: This rule is effective on April 1, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2020-0315. 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: 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,
[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 July
10, 2020, proposal (85 FR 41484). In that document we proposed to
accept the HMIWI negative declarations from the Arkansas Department of
Environmental Quality (ADEQ), Louisiana Department of Environmental
Quality (LDEQ), Oklahoma Department of Environmental Quality (ODEQ),
New Mexico Environment Department (NMED), and City of Albuquerque
Environmental Health Department (AEHD), and to amend the Code of
Federal Regulations (CFR) in accordance with the requirements of the
CAA. In this rulemaking, we are only taking final action on the HMIWI
negative declaration letters from Arkansas, Louisiana, New Mexico, and
Albuquerque-Bernalillo County, New Mexico, and amending the CFR
accordingly. We will take final action on the HMIWI negative
declaration submitted by ODEQ for Oklahoma in a future, separate
rulemaking.
II. Response to Comments
We received two comments on our proposal. We have determined that
one comment has no relevance to the subject of this rulemaking and no
further response is required. The other comment recommended that a
state plan with the more stringent controls and results in the cleanest
air should be adopted. As explained in our proposal, the negative
declarations received reflect the absence of any sources subject to the
standards of performance in the HMIWI Emission Guidelines, codified at
40 CFR part 60, subpart Ce, and therefore a plan is not required. If
any sources within the stated jurisdictions are later identified as
subject to the requirements of 40 CFR part 60, subpart Ce, then such
sources would be subject to the federal plan and the associated
compliance schedule, unless and until the EPA approves a state plan for
those sources.
III. Final Action
The EPA is amending 40 CFR part 62 to reflect receipt of the
negative declaration letters from ADEQ, LDEQ, NMED and AEHD certifying
that there are no existing HMIWI subject to 40 CFR part 60, subpart Ce,
in their respective jurisdictions in accordance with 40 CFR 60.23(b),
40 CFR 62.06, and sections 111(d) and 129 of the CAA. If a designated
facility (i.e., existing HMIWI) 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, 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.
IV. 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 Ce; 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
[[Page 12110]]
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.
Dated: February 5, 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 E--Arkansas
0
2. Add an undesignated center heading following Sec. 62.867 to read as
follows:
Emissions From Existing Hospital/Medical/Infectious Waste Incinerators
0
3. Add 62.868 to read as follows:
Sec. 62.868 Identification of plan--negative declaration.
Letter from the Arkansas Department of Environmental Quality dated
May 21, 2012, certifying that there are no known existing hospital/
medical/infectious waste incinerator (HMIWI) units subject to 40 CFR
part 60, subpart Ce, within its jurisdiction.
Subpart T--Louisiana
Sec. 62.4620 [Amended]
0
4. Amend Sec. 62.4620 by removing and reserving paragraphs (b)(5) and
(c)(6).
0
5. Revise the undesignated center heading above Sec. 62.4633 to read
as follows:
Emissions From Existing Hospital/Medical/Infectious Waste Incinerators
0
6. Revise Sec. 62.4633 to read as follows:
Sec. 62.4633 Identification of plan--negative declaration.
Letter from the Louisiana Department of Environmental Quality dated
June 25, 2012, certifying that there are no known existing hospital/
medical/infectious waste incinerator (HMIWI) units subject to 40 CFR
part 60, subpart Ce, within its jurisdiction.
0
7. Remove the undesignated center heading above Sec. 62.4634.
Sec. 62.4634 [Removed]
0
8. Remove Sec. 62.4634.
Subpart GG--New Mexico
0
9. Revise Sec. 62.7870 to read as follows:
Sec. 62.7870 Identification of plan--negative declarations.
Letters from the New Mexico Environment Department and the City of
Albuquerque Environmental Health Department dated February 11, 2014,
and February 4, 2014, respectively, certifying that there are no
existing hospital/medical/infectious waste incinerator (HMIWI) units
subject to 40 CFR part 60, subpart Ce, within their respective
jurisdictions in the State of New Mexico.
[FR Doc. 2021-02893 Filed 3-1-21; 8:45 am]
BILLING CODE 6560-50-P
