[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]


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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.

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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]
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