[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Rules and Regulations]
[Pages 60064-60065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23769]



[[Page 60064]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0242; FRL-9915-94-Region 5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to its authority under the Clean Air Act (CAA or 
Act), the Environmental Protection Agency (EPA) is approving a revision 
to the Wisconsin State Implementation Plan (SIP) for the Prevention of 
Significant Deterioration (PSD) and Nonattainment New Source Review 
(NNSR) programs.

DATES: This final rule is effective on November 5, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2014-0242. 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 Anthony Maietta, Life 
Scientist, at (312) 353-8777 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Life Scientist, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-8777, [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 the background for this action?
II. Effective Date of Wisconsin's Adopted Rule and Formal SIP 
Submission.
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.

I. What is the background for this action?

    On March 12, 2014, the Wisconsin Department of Natural Resources 
(WDNR) submitted a request to EPA to revise portions of its PSD and 
NNSR programs. The submittal requested 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. 
On May 2, 2014, EPA published in the Federal Register (79 FR 25063) a 
proposal to take action on portions of the March 12, 2014, submittal 
that pertained to the definition of ``major modification'', and 
explicitly identify oxides of nitrogen (NOX) as a precursor 
to ozone. Specifically, EPA's May 2, 2014, proposed rulemaking was 
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 the SIP revision was not effective at the state level at 
the time of the March 12, 2014, submittal, Wisconsin requested that EPA 
parallel process the SIP revision. EPA's May 2, 2014, proposal was 
contingent upon both the effectiveness of amended rules at the state 
level and a formal, fully adopted SIP revision request.

II. Effective Date of Wisconsin's Adopted Rule and Formal SIP 
Submission

    On June 30, 2014, revisions to Wisconsin's PSD and NNSR rules, as 
submitted in draft to EPA on March 12, 2014, were published in the 
Wisconsin Administrative Register, and became effective on July, 1, 
2014. On August 11, 2014, Wisconsin formally submitted its request for 
EPA to take final action on our May 2, 2014 proposal.

III. What action is EPA taking?

    EPA is approving 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., as submitted by WDNR on August 11, 
2014, into the Wisconsin SIP.

IV. 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 (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.

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    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 December 5, 2014. 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, Lead, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: August 19, 2014.
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)(131) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (131) On August 11, 2014, the Wisconsin Department of Natural 
Resources submitted a request to revise Wisconsin's Prevention of 
Significant Deterioration and Nonattainment New Source Review rules.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, NR 405.02(21)(b)5.a. and b. and 
6; NR 405.02(25i)(a); NR 405.02(25i)(ar)(intro) and 1., as published in 
the Wisconsin Administrative Register July 2014, No. 703, effective 
August 1, 2014.
    (B) Wisconsin Administrative Code, NR 408.02(20)(e) 5.a and b. and 
6., as published in the Wisconsin Administrative Register July 2014, 
No. 703, effective August 1, 2014.

[FR Doc. 2014-23769 Filed 10-3-14; 8:45 am]
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