[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46520-46521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18417]



[[Page 46520]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0402; FRL-9834-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Permit Exemption Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving revisions to the Wisconsin State 
Implementation Plan (SIP) submitted by the Wisconsin Department of 
Natural Resources (WDNR) on April 23, 2008. WDNR submitted revisions 
exempting certain sources of air pollution from construction permit 
requirements. EPA is approving these revisions because they are 
consistent with Federal regulations governing state permit programs.

DATES: This final rule is effective on September 3, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2008-0402. All documents in the docket are listed on 
the www.regulations.gov Web site. 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 
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 Andrea Morgan, 
Environmental Engineer, at (312) 353-6058 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Andrea Morgan, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-6058, [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 in 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 in this document?

    On May 15, 2013, at 78 FR 28547, EPA proposed to approve a SIP 
revision from Wisconsin exempting certain sources of air pollution from 
the requirement to obtain a construction permit. Sources with actual 
emissions of under 10 tons per year (tpy) of each criteria pollutant, 
particulate matter of 10 micrometers or less, sulfur dioxide, nitrogen 
oxides, carbon monoxide and volatile organic compounds, and less than 
0.5 tpy of lead, and that are not subject to Federal air pollution 
requirements for hazardous air pollutants under section 111 or 112 of 
the Clean Air Act (Act) will be eligible for the exemption. The 
revisions will also exempt construction or modification projects that 
emit less than 1,666 pounds of criteria pollutants per month, averaged 
over a 12 consecutive month period, and less than 10 pounds of lead per 
month, averaged over a 12 consecutive month period from construction 
permitting requirements. EPA believes that the revisions to Wisconsin's 
SIP meet Federal requirements and will not interfere with attainment or 
reasonable further progress. As set forth in the proposed rule, this 
SIP revision satisfies the anti-backsliding provisions of section 
110(l) of the Act.

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

    EPA provided a 30-day review and comment period. The comment period 
closed on June 14, 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 April 23, 2008, SIP submittal and 
March 25, 2013 supplement to the submittal. Specifically, EPA is 
approving the following revisions to WDNR's SIP: (1) Renumber and 
create NR 406.02(1) and 406.04(4)(h); (2) create NR 406.04(1)(zh), NR 
406.04(1q), NR 406.04(4)(i), NR 407.03(1m), and NR 410.03(1)(f); and 
(3) amend NR 410.03(1)(d). Wisconsin's submittal originally contained 
revisions to NR 407, which pertain to operation permit requirements. 
However, in the March 25, 2013, supplement to the submittal, Wisconsin 
withdrew the NR 407 revisions from the submittal.

IV. Statutory and Executive Order Reviews

    Under the Act, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act 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 Act. 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 Act; 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.

[[Page 46521]]

    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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 30, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 2, 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)(127) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (127) On April 23, 2008 and March 25, 2013, the Wisconsin 
Department of Natural Resources submitted a request to revise 
Wisconsin's air permitting program to exempt certain small sources of 
air pollution from construction permitting requirements.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, NR 406.02 Definitions. NR 
406.02(1) ``Clean fuel'', and NR 406.02(1m) ``Facility'', as published 
in the Wisconsin Administrative Register May 2007, No. 617, effective 
June 01, 2007.
    (B) Wisconsin Administrative Code, NR 406.04 Direct sources exempt 
from construction permit requirements. NR 406.04(1)(zh), NR 406.04(1q), 
NR 406.04(4)(h), NR 406.04(4)(i), and NR 406.04(4)(j), as published in 
the Wisconsin Administrative Register May 2007, No. 617, effective June 
01, 2007.
    (C) Wisconsin Administrative Code, NR 410.03 Application fee. NR 
410.03(1)(d), and NR 410.03(1)(f), as published in the Wisconsin 
Administrative Register May 2007, No. 617, effective June 1, 2007.
[FR Doc. 2013-18417 Filed 7-31-13; 8:45 am]
BILLING CODE 6560-50-P