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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Proposed Rules
distribution of power and responsibilities among the various levels of government.

Particulate matter, Reporting and recordkeeping requirements.

G. Executive Order 13175: Coordination With Indian Tribal Governments
Dated: December 23, 2020.
John Busterud, Regional Administrator, Region IX.

Authority: 42 U.S.C. 7401 et seq.

This action does not have tribal implications, as specified in Executive Order 13175, because the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law.
Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of covered regulatory action in section 2202 of the Executive order. This action is not subject to Executive Order 13045
because it does not impose additional requirements beyond those imposed by state law.
I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act NTTAA
Section 12d of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12d of the NTTAA because application of those requirements would be inconsistent with the CAA.

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K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA lacks the discretionary authority to address environmental justice in this rulemaking.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations,
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FR Doc. 202029092 Filed 1721; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
EPAHQOAR20200560; FRL1001895
OAR
RIN 2060AU59

National Emission Standards for Hazardous Air Pollutants: Mercury Cell Chlor-Alkali Plants Residual Risk and Technology Review Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The U.S. Environmental Protection Agency EPA is proposing the results of the residual risk and technology review RTR of the National Emission Standards for Hazardous Air Pollutants NESHAP for mercury emissions from Mercury Cell ChlorAlkali Plants, as required by the Clean Air Act CAA. The EPA is proposing to find risks due to emissions of hazardous air pollutants HAP to be acceptable from the Mercury Cell Chlor-Alkali Plants source category, and to determine that the current NESHAP provides an ample margin of safety to protect public health and that no more stringent standards are necessary to prevent, taking into consideration costs, energy, safety, and other relevant factors, an adverse environmental effect. The EPA
is proposing to amend the requirements for cell room fugitive mercury emissions to require work practice standards for the cell rooms and to require instrumental monitoring of cell room fugitive mercury emissions under the technology review. Furthermore, under our technology review and maximum achievable control technology MACT
analysis, we are proposing to not require conversion to non-mercury production technology and invite comments and data and information regarding this proposed determination. In addition, the EPA is proposing standards for fugitive chlorine emissions from mercury cell chlor-alkali plants, which are not currently regulated under the NESHAP. The EPA is proposing to address applicability for thermal mercury recovery units when chlorine
SUMMARY:

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and caustic are no longer produced in mercury cells. The EPA is also proposing revisions related to emissions during periods of startup, shutdown, and malfunction SSM; provisions for electronic submission of performance test results, performance evaluation reports, and Notification of Compliance Status NOCS reports; and correction of various compliance errors in the current rule.
DATES:
Comments. Comments must be received on or before February 22, 2021.
Under the Paperwork Reduction Act PRA, comments on the information collection provisions are best assured of consideration if the Office of Management and Budget OMB
receives a copy of your comments on or before February 8, 2021.
Public hearing: If anyone contacts us requesting a public hearing on or before January 13, 2021, we will hold a virtual public hearing. See SUPPLEMENTARY
INFORMATION for information on requesting and registering for a public hearing.
You may send comments, identified by Docket ID No. EPAHQ
OAR20200560, by any of the following methods:
Federal eRulemaking Portal:
https www.regulations.gov/ our preferred method. Follow the online instructions for submitting comments.
Email: a-and-r-docket@epa.gov.
Include Docket ID No. EPAHQOAR
20200560 in the subject line of the message.
Fax: 202 5669744. Attention Docket ID No. EPAHQOAR2020
0560.
Mail: U.S. Environmental Protection Agency, EPA Docket Center, Docket ID No. EPAHQOAR2020
0560, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
Hand Delivery or Courier by scheduled appointment only: EPA
Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Centers hours of operation are 8:30
a.m.4:30 p.m., MondayFriday except Federal holidays.
Instructions: All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to https
www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. Out of an abundance of ADDRESSES:

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