[Federal Register Volume 78, Number 99 (Wednesday, May 22, 2013)]
[Rules and Regulations]
[Pages 30208-30209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12094]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0467; EPA-R05-OAR-2012-0538; FRL-9808-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Prevention of Significant Deterioration Greenhouse Gas 
Tailoring and Biomass Deferral Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the Wisconsin State 
Implementation Plan (SIP), submitted by the Wisconsin Department of 
Natural Resources (WDNR) to EPA on May 4, 2011, June 20, 2012, and 
September 28, 2012. The revisions modify Wisconsin's Prevention of 
Significant Deterioration (PSD) program to establish appropriate 
emission thresholds for determining which new stationary sources and 
modification projects become subject to Wisconsin's PSD permitting 
requirements for their greenhouse gas (GHG) emissions. Additionally, 
these revisions defer until July 21, 2014, the application of the PSD 
permitting requirements to biogenic carbon dioxide (CO2) 
emissions from bioenergy and other biogenic stationary sources in the 
State of Wisconsin. EPA has made the preliminary determination that 
these revisions are in accordance with the Clean Air Act (CAA) and EPA 
regulations regarding PSD permitting for GHGs and is approving 
Wisconsin's revisions.

DATES: This final rule is effective on June 21, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2011-0467, or EPA-R05-OAR-2012-0538. All documents in 
the docket are listed in the www.regulations.gov Web site. Although 
listed in the index, some information is not publicly available, e.g., 
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 electronically through 
www.regulations.gov or in hard copy 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. 
We recommend that you telephone Danny Marcus, Environmental Engineer, 
at (312) 353-8781 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Danny Marcus, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-8781, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION 
section is arranged as follows:

I. What is being addressed by this document?
II. What comments did we receive on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed by this document?

    On December 28, 2012, at 77 FR 76430, EPA proposed to approve into 
the state's Federally-approved SIP regulatory additions that Wisconsin 
submitted which are consistent with the ``PSD and Title V Greenhouse 
Gas Tailoring; Final Rule,'' 75 FR 31514 (June 3, 2010) (The 
``Tailoring Rule''), the ``Limitation of Approval of Prevention of 
Significant Deterioration Provisions Concerning Greenhouse Gas 
Emitting-Sources in State Implementation Plans Final Rule,'' 75 FR 
82536 (December 30, 2010) (The ``PSD SIP Narrowing Rule'') and the 
``Deferral for CO2 Emissions From Bioenergy and Other 
Biogenic Sources Under the Prevention of Significant Deterioration 
(PSD) and Title V Programs; Final Rule'' 76 FR 43490, July 20, 2011.
    These rules establish thresholds and time frames that ensure that 
smaller GHG sources emitting less than these thresholds will not be 
subject to PSD permitting requirements for the GHGs that they emit, and 
defer consideration of CO2 emissions from bioenergy and 
other biogenic sources (biogenic CO2 emissions) when 
determining whether the modification of a stationary source would 
result in a net emissions increase that would trigger PSD thresholds 
and would require the application of Best Available Control Technology.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period. The comment period 
closed on January 28, 2013. EPA received one comment supporting EPA's 
approval of these revisions. EPA received no adverse comments.

III. What action is EPA taking?

    EPA is approving Wisconsin's May 4 2011, June 20 2012, and 
September 28 2012, SIP submittals. Specifically, EPA is approving 
revisions to chapters NR 400.02 (74m); 400.03 (3) (om), and (4) (go) 
and (kg); 405.02 (28m); 405.07 (9) of the Wisconsin Administrative Code 
and Wisconsin State Statutes, Sections 285.60(3m) and 285.63(3m) into 
the SIP. These revisions implement the Tailoring Rule and Deferral of 
CO2 emissions from biogenic sources.
    Because Wisconsin's changes to its air quality regulations will 
incorporate the appropriate thresholds for GHG permitting applicability 
into its SIP, EPA is also amending 40 CFR 52.2572, to remove subsection 
(b), which is being replaced by the new rules that Wisconsin has 
submitted. The new rules are consistent with the Federal Tailoring Rule 
provisions, which limit the applicability of PSD to GHG-emitting 
sources below the Tailoring Rule thresholds.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission

[[Page 30209]]

that complies with the provisions of the CAA and applicable Federal 
regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP 
submissions, EPA's role is to approve state choices, provided that they 
meet the criteria of the CAA. Accordingly, this action merely approves 
state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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 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 rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 22, 2013. 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 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, and Reporting and recordkeeping 
requirements.

    Dated: April 22, 2013.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. Section 52.2570 is amended by adding paragraph (c)(126) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (126) On May 4, 2011, June 20, 2012, and September 28, 2012, the 
Wisconsin Department of Natural Resources submitted a request to revise 
Wisconsin's Prevention of Significant Deterioration (PSD) program to 
incorporate the ``Tailoring Rule'' and the Federal deferral for 
biogenic CO2 emissions into Wisconsin's SIP.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, NR 400.02 Definitions. NR 400.02 
(74m) ``Greenhouse gases'' or ``GHG'', as published in the Wisconsin 
Administrative Register August 2011, No. 668, effective September 1, 
2011.
    (B) Wisconsin Administrative Code, NR 400.03 Units and 
abbreviations. NR 400.03(3)(om) ``SF6'', NR 400.03(4)(go) ``GHG'', and 
NR 400.03(4)(kg) ``PFC'', as published in the Wisconsin Administrative 
Register August 2011, No. 668, effective September 1, 2011.
    (C) Wisconsin Administrative Code, NR 405.02 Definitions. NR 
405.02(28m) ``Subject to regulation under the Act'', as published in 
the Wisconsin Administrative Register August 2011, No. 668, effective 
September 1, 2011.
    (D) Wisconsin Administrative Code, NR 405.07 Review of major 
stationary sources and major modifications--source applicability and 
exemptions. NR 405.07(9), as published in the Wisconsin Administrative 
Register August 2011, No. 668, effective September 1, 2011.
    (E) Wisconsin Statutes, section 285.60(3m) Consideration of Certain 
Greenhouse Gas Emissions, enacted on April 2, 2012, by 2011 Wisconsin 
Act 171.
    (F) Wisconsin Statutes, section 285.63(3m) Consideration of Certain 
Greenhouse Gas Emissions, enacted on April 2, 2012, by 2011 Wisconsin 
Act 171.


Sec.  52.2572  [Amended]

0
3. Section 52.2572 is amended by removing and reserving paragraph (b).

[FR Doc. 2013-12094 Filed 5-21-13; 8:45 am]
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