[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Proposed Rules]
[Pages 25063-25066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10115]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0242; FRL-9910-25-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Revisions to PSD and NNSR Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to its authority under the Clean Air Act (CAA), the 
Environmental Protection Agency (EPA) is proposing to approve a 
revision to the Wisconsin State Implementation Plan (SIP), submitted by 
the Wisconsin Department of Natural Resources (WDNR) to EPA on March 
12, 2014, for parallel processing. The SIP revision modifies the 
definition of the term ``major modification'' in Wisconsin's Prevention 
of Significant Deterioration (PSD) and Nonattainment New Source

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Review (NNSR) programs. The changes made to the definition of major 
modification remove an NSR exemption for fuel changes as major 
modifications where the source was capable of accommodating the change 
before January 6, 1975. Additionally, the submittal modifies 
Wisconsin's PSD program to identify precursors for ozone. WDNR 
requested these revisions to match Federal requirements. EPA is 
proposing approval of Wisconsin's March 12, 2014, SIP revision because 
the Agency has made the preliminary determination that this SIP 
revision is in accordance with the CAA and applicable EPA regulations 
regarding PSD and NNSR.

DATES: Comments must be received on or before June 2, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0242, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 385-5501.
    4. Mail: Genevieve Damico, Chief, Air Permits Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Genevieve Damico, Chief, Air Permits Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only 
accepted during the Regional Office normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information. The Regional Office official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0242. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in 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 should I consider as I prepare my comments for EPA?
II. What is the background for this proposed action?
III. Wisconsin's Submittal for Parallel Processing
IV. What is EPA's analysis of Wisconsin's proposed SIP revision?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What is the background for this proposed action?

    EPA's ``Final Rule to Implement the 8-Hour Ozone National Ambient 
Air Quality Standard--Phase 2; Final Rule to Implement Certain Aspects 
of the 1990 Amendments Relating to New Source Review and Prevention of 
Significant Deterioration as They Apply in Carbon Monoxide, Particulate 
Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase 
2 Rule) was published on November 8, 2005 (see 70 FR 71612). Among 
other requirements, the Phase 2 Rule obligated states to revise their 
PSD programs to explicitly identify nitrogen oxides (NOX) as 
a precursor to ozone (70 FR 71612 at 71679, 71699-71700).
    In a June 17, 2009, letter, EPA notified WDNR that the definition 
of the term ``major modification'' in NR 405.02 was inadequate because 
it failed to identify permits issued under Federal authority. 
Wisconsin's PSD program was approved into its SIP on June 28, 1999. 
Prior to that, PSD construction permits were issued under Federal 
authority. When NR 405.02(21)(b)5., was written the references to 
Federal authority were inadvertently omitted. Because the Federal 
citations were omitted from the rule, EPA identified that in limited 
situations, the state definition could allow a source to make a change 
to use

[[Page 25065]]

a different fuel or raw material without undergoing major new source 
permit review for the change, even though the change could be 
prohibited under a Federal permit.

III. Wisconsin's Submittal for Parallel Processing

    On March 12, 2014, WDNR submitted a draft SIP revision request to 
EPA to revise portions of its PSD and NNSR programs. Once finalized, 
approval of this SIP revision request will make the Wisconsin SIP 
consistent with the Federal PSD and NNSR rules. Wisconsin submitted 
revisions to its rules NR 400, 405, and 408 of the Wisconsin 
Administrative Code. The submittal requests that EPA approve the 
following revised rules into Wisconsin's SIP: (1) NR 400.02(123m) and 
(124); (2) NR 405.02(21)(b)5.a. and b. and 6; (3) NR 405.02(25i)(a); 
(4) NR 405.02(25i)(ag) and (ar)1-3; and, (5) NR 408.02(20)(e)5.a and b. 
and 6. At this time EPA is only proposing to take action on the 
portions that pertain to the definition of ``major modification'' and 
explicitly identify NOX as a precursor to ozone. 
Specifically, today's proposed rulemaking is limited to the following 
provisions: (1) NR 405.02(21)(b)5.a. and b. and 6; (2) NR 
405.02(25i)(a); (3) NR 405.02(25i)(ar)(intro) and 1.; and, (4) NR 
408.02(20)(e) 5.a and b. and 6. The remainder of WDNR's submission as 
it relates to the identification of precursors to particulate matter of 
less than 2.5 micrometers (PM2.5) and the definition of 
PM2.5 and particulate matter of less than 10 micrometers 
will be addressed in a separate rulemaking.
    Because this SIP revision is not yet effective at the state level, 
Wisconsin requested that EPA ``parallel process'' the SIP revision. 
Under this procedure, the EPA Regional Office works closely with the 
state while developing new or revised regulations. Generally, the state 
submits a copy of the proposed regulation or other revisions to EPA 
before concluding its rulemaking process. EPA reviews this proposed 
state action and prepares a proposed rulemaking action. EPA publishes 
this proposed rulemaking in the Federal Register and solicits public 
comment in approximately the same timeframe during which the state 
finalizes its rulemaking process.
    After Wisconsin submits the formal fully adopted SIP revision 
request, EPA will prepare a final rulemaking action for the SIP 
revision. If changes are made to the SIP revision after EPA's proposed 
rulemaking, such changes must be acknowledged in EPA's final rulemaking 
action. If the changes are significant, then EPA will repropose the 
action.

IV. What is EPA's analysis of Wisconsin's proposed SIP revision?

    EPA has evaluated WDNR's proposed revision to the Wisconsin SIP in 
accordance with the Federal requirements governing state permitting 
programs. As discussed below, EPA is proposing to approve these 
revisions because they meet Federal requirements.
    EPA regulations contained at 40 CFR 51.166(b)(2)(iii)(e)(1) and (2) 
and (f) specifically prescribe when use of an alternative fuel or 
change in hours of operation is not considered a physical change for 
purposes of defining a ``major modification'' under the PSD program. 
WDNR's revisions to the definition of ``major modification'' in its PSD 
program in NR 405.02(21)(b)5.a and b. and 6 are consistent with the 
Federal requirements. EPA has similar regulations for its NNSR program 
contained at 40 CFR 51.165(a)(1)(v)(C)(5) and (6), and WDNR has revised 
NR 408.02(20)(e)5.a. and b. and 6 to be consistent with these Federal 
regulations. Therefore, EPA finds Wisconsin's revisions to the 
definition of ``major modification'' in its PSD and NNSR program to be 
approvable.
    WDNR's requested revision to the definition of ``regulated NSR air 
contaminant'' in 405.02(25i)(a) and (25i)(ar) and (ar)1 are consistent 
with the explicit identification of the precursors to ozone in the 
definition of ``regulated NSR air contaminant'', codified at 40 CFR 
51.166(b)(49)(i)(b), therefore, we find the revisions to be approvable.

V. What action is EPA taking?

    EPA is proposing to approve WDNR's March 12, 2014, revisions to: 
Wisconsin rules NR 405.02(21)(b)5.a. and b. and 6; NR 405.02(25i)(a); 
NR 405.02(25i)(ar)(intro) and 1.; and, NR 408.02(20)(e)5.a and b. and 
6. into the SIP. As described above, these revisions are consistent 
with EPA's own regulations with respect to the definitions of ``major 
modification'' and ``regulated NSR air contaminant''.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission 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 (Public Law 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.

List of Subjects in 40 CFR Part 52

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


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    Dated: April 22, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-10115 Filed 5-1-14; 8:45 am]
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