Air Plan Approval; Wisconsin; Large Municipal Waste Combustors Negative Declaration Withdrawal for Designated Facilities and Pollutants, 24730-24731 [2021-09808]
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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations
Rule No.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R05–OAR–2020–0518; FRL–10023–
60–Region 5]
Air Plan Approval; Wisconsin; Large
Municipal Waste Combustors Negative
Declaration Withdrawal for Designated
Facilities and Pollutants
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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: This final rule is effective on
June 9, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2020–0518. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
16:22 May 07, 2021
11/5/2019
11/5/2019
11/5/2019
11/5/2019
11/5/2019
11/5/2019
*
[FR Doc. 2021–09240 Filed 5–7–21; 8:45 am]
VerDate Sep<11>2014
State
effective
date
Rule title
Jkt 253001
Final rule citation, date
[insert
[insert
[insert
[insert
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[insert
*
Federal
Federal
Federal
Federal
Federal
Federal
I. Background
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.
On March 1, 2021 (86 FR 11916), EPA
published a notice of proposed
rulemaking (NPRM) proposing approval
of Wisconsin’s LMWC Negative
Declaration withdrawal. The specific
details of Wisconsin’s request and the
rationale for EPA’s approval are
discussed in the NPRM and will not be
restated here. EPA did not receive any
comments on the proposed action.
II. What action is EPA taking?
EPA is approving Wisconsin’s request
for withdrawal of a previously approved
Negative Declaration and its request 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,
Frm 00032
Fmt 4700
citation],
citation],
citation],
citation],
citation],
citation],
*
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Margaret
Sieffert, Environmental Engineer, at
(312) 353–1151 before visiting the
Region 5 office.
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.
PO 00000
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Register
Register
Register
Register
Register
Sfmt 4700
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Comments
5/10/2021.
5/10/2021.
5/10/2021.
5/10/2021.
5/10/2021.
5/10/2021.
*
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
proposed to approve the withdrawal
and have the Federal Plan continue to
apply to the known affected source.
In this action, EPA is finalizing its
approval. EPA is also revising 40 CFR
62.12360 to reflect this withdrawal.
III. Statutory and Executive Order
Reviews
In reviewing section 111(d)/129 plan
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act (CAA).
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. Accordingly, this action
merely notifies the public of EPA’s
approval for a withdrawal of a
previously approved LMWC negative
declaration and does not impose
additional requirements. 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
E:\FR\FM\10MYR1.SGM
10MYR1
khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations
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 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).
In addition, this 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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 9, 2021. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
VerDate Sep<11>2014
16:22 May 07, 2021
Jkt 253001
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure,
Intergovernmental relations, Large
municipal waste combustors, Reporting
and recordkeeping requirements.
Dated: May 4, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the
preamble, EPA 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.
2. Section 62.12360 is revised to read
as follows:
■
§ 62.12360
Identification of plan.
On September 25, 2020, the
Wisconsin Department of Natural
Resources submitted a withdrawal letter
to EPA certifying that there is only one
Large Municipal Waste Combustor unit
in the State of Wisconsin subject to the
emissions guidelines at 40 CFR part 60,
subpart Eb, and requested that the
Federal Plan at subpart FFF of this part,
apply.
[FR Doc. 2021–09808 Filed 5–7–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2019–0607; FRL–10022–79]
Poly(oxy-1,2-ethanediyl), α, α′-{[[4-[(3sulfophenyl)azo]phenyl]imino]di-2,1ethanediyl}bis[w-hydroxy-,
monosodium salt; Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of Poly(oxy-1,2ethanediyl), a, a′-{[[4-[(3sulfophenyl)azo]phenyl]imino]di-2,1ethanediyl}bis[w-hydroxy-,
monosodium salt when used as an inert
ingredient (colorant) in pesticide
formulations applied to seed treatment
slurries for raw agricultural
commodities and not to exceed 20%
SUMMARY:
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
24731
weight/weight (wt/wt). Milliken
Chemical submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA) requesting
establishment of an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of Poly(oxy-1,2-ethanediyl),
a, a′-{[[4-[(3sulfophenyl)azo]phenyl]imino]di-2,1ethanediyl}bis[w-hydroxy-,
monosodium salt.
DATES: This regulation is effective May
10, 2021. Objections and requests for
hearings must be received on or before
July 9, 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).
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0607, 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, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (703) 305–7090;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. General Information
A. Does this action apply to me?
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
E:\FR\FM\10MYR1.SGM
10MYR1
]]>Agencies
[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Rules and Regulations]
[Pages 24730-24731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09808]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2020-0518; FRL-10023-60-Region 5]
Air Plan Approval; Wisconsin; Large Municipal Waste Combustors
Negative Declaration Withdrawal for Designated Facilities and
Pollutants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
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: This final rule is effective on June 9, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2020-0518. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Margaret
Sieffert, Environmental Engineer, at (312) 353-1151 before visiting the
Region 5 office.
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
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.
On March 1, 2021 (86 FR 11916), EPA published a notice of proposed
rulemaking (NPRM) proposing approval of Wisconsin's LMWC Negative
Declaration withdrawal. The specific details of Wisconsin's request and
the rationale for EPA's approval are discussed in the NPRM and will not
be restated here. EPA did not receive any comments on the proposed
action.
II. What action is EPA taking?
EPA is approving Wisconsin's request for withdrawal of a previously
approved Negative Declaration and its request 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
proposed to approve the withdrawal and have the Federal Plan continue
to apply to the known affected source.
In this action, EPA is finalizing its approval. EPA is also
revising 40 CFR 62.12360 to reflect this withdrawal.
III. Statutory and Executive Order Reviews
In reviewing section 111(d)/129 plan submissions, EPA's role is to
approve State choices, provided that they meet the criteria of the
Clean Air Act (CAA). 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. Accordingly, this action merely notifies the public of
EPA's approval for a withdrawal of a previously approved LMWC negative
declaration and does not impose additional requirements. 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
[[Page 24731]]
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 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).
In addition, this 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 9, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Large municipal
waste combustors, Reporting and recordkeeping requirements.
Dated: May 4, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA 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.
0
2. Section 62.12360 is revised to read as follows:
Sec. 62.12360 Identification of plan.
On September 25, 2020, the Wisconsin Department of Natural
Resources submitted a withdrawal letter to EPA certifying that there is
only one Large Municipal Waste Combustor unit in the State of Wisconsin
subject to the emissions guidelines at 40 CFR part 60, subpart Eb, and
requested that the Federal Plan at subpart FFF of this part, apply.
[FR Doc. 2021-09808 Filed 5-7-21; 8:45 am]
BILLING CODE 6560-50-P
