[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Proposed Rules]
[Pages 54744-54746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22713]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0464; FRL-9933-63-Region 5]
Air Plan Approval; Wisconsin; Wisconsin State Board Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve state implementation plan (SIP) submissions from Wisconsin
regarding the state board requirements under section 128 of the Clean
Air Act (CAA). EPA is also proposing to approve elements of SIP
submissions from Wisconsin regarding the infrastructure requirements of
section 110 relating to state boards for the 1997 ozone, 1997 fine
particulate (PM2.5), 2006 PM2.5, 2008 lead (Pb),
2008 ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur
dioxide (SO2) National Ambient Air Quality Standards
(NAAQS).
DATES: Comments must be received on or before October 13, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0464, 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) 408-2279.
4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance 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-
2015-0464. 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
[[Page 54745]]
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 Eric Svingen, Environmental Engineer,
at (312) 353-4489 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-4489,
[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 of these SIP submissions?
III. What guidance is EPA using to evaluate these SIP submissions?
IV. What is the result of EPA's review of these SIP submissions?
V. What action is EPA taking?
VI. Incorporation by Reference.
VII. 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 of these SIP submissions?
This rulemaking addresses submissions from the Wisconsin Department
of Natural Resources (WDNR) dated July 2, 2015. These submissions are
intended to address CAA requirements relating to the state board
requirements under section 128, as well as infrastructure requirements
of section 110 relating to state boards for the 1997 ozone, 1997
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS.
The requirement for states to make infrastructure SIP submissions
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1),
states must make SIP submissions ``within 3 years (or such shorter
period as the Administrator may prescribe) after the promulgation of a
national primary ambient air quality standard (or any revision
thereof),'' and these SIP submissions are to provide for the
``implementation, maintenance, and enforcement'' of such NAAQS. The
statute directly imposes on states the duty to make these SIP
submissions, and the requirement to make the submissions is not
conditioned upon EPA's taking any action other than promulgating a new
or revised NAAQS. Section 110(a)(2) includes a list of specific
elements that ``[e]ach such plan'' submission must address.
EPA has historically referred to these SIP submissions made for the
purpose of satisfying the requirements of CAA section 110(a)(1) and (2)
as ``infrastructure SIP'' submissions. Although the term
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to
distinguish this particular type of SIP submission from submissions
that are intended to satisfy other SIP requirements under the CAA. This
specific rulemaking is only taking action on the CAA 110(a)(2)(E)(ii)
element of these infrastructure SIP requirements, which is the only
infrastructure SIP element addressed in WDNR's submittal dated July 2,
2015.
III. What guidance is EPA using to evaluate these SIP submissions?
EPA's guidance for these submissions is highlighted in an October
2, 2007, guidance document entitled ``Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 \1\ National Ambient Air Quality Standards'' (2007
Guidance). Further guidance is provided in a September 13, 2013,
document entitled ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)'' (2013
Guidance).
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\1\ PM2.5 refers to particles with an aerodynamic
diameter of less than or equal to 2.5 micrometers, oftentimes
referred to as ``fine'' particles.
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IV. What is the result of EPA's review of these SIP submissions?
Pursuant to section 110(a), states must provide reasonable notice
and opportunity for public hearing for all infrastructure SIP
submissions. WDNR provided notice of a public comment period on May 9,
2015, held a public hearing at WDNR State Headquarters on June 9, 2015,
and closed the public comment period on June 11, 2015. No comments were
received.
Wisconsin provided a detailed synopsis of how various components of
its SIP meet each of the applicable requirements in section 128 and
110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006
PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS, as applicable. The following review evaluates the
state's submissions.
A. Section 128
Section 128 of the CAA includes just one subsection labeled
``(a)'', which contains two explicit requirements: (1) That any board
or body which approves permits or enforcement orders under this chapter
shall have at least a majority of members who represent the public
interest and do not derive any significant portion of their income from
persons subject to permits and enforcement orders under this chapter,
and (2) that any potential conflicts of interest by members of such
board or body or the head of an executive agency with similar powers be
adequately disclosed.
On July 2, 2015, WDNR submitted rules from Wisconsin Statutes (Wis.
Stats.) for incorporation into the SIP, pursuant to section 128 of the
CAA. Wisconsin maintains a state board, called the Wisconsin Natural
Resources
[[Page 54746]]
Board (NRB). However, the NRB's functions are purely regulatory,
advisory, and policy-making. Under Wis. Stats. 15.05, the
administrative powers and duties of the WDNR, including issuance of
permits and enforcement orders, are vested in the secretary. Under the
statutes that govern its operations, the NRB does not and cannot
approve permits or enforcement orders. Therefore, Wisconsin has no
further obligations under section 128(a)(1) of the CAA.
Under section 128(a)(2) of the CAA, the head of the executive
agency with the power to approve permits or enforcement orders must
adequately disclose any potential conflicts of interest. In Wisconsin,
this power is vested in the Secretary of the WDNR. Wis. Stats. 19.45(2)
prevents financial gain of any public official, which addresses the
issue of deriving any significant portion of income from persons
subject to permits and enforcement orders. Additionally, Wis. Stats.
19.46 prevents a public official from taking actions where there is a
conflict of interest. As a public official under Wis. Stats. 19, the
Secretary of the WDNR is subject to these ethical obligations. As
requested in WDNR's submission, EPA is proposing to incorporate Wis.
Stats. 15.05, 19.45(2), and 19.46 into Wisconsin's SIP. EPA proposes
that these statutes satisfy all requirements under section 128 of the
CAA.
B. Section 110(a)(2)(E)(ii)
Section 110(a)(2)(E)(ii) of the CAA also requires each SIP to
contain provisions that comply with the state board requirements of
section 128 of the CAA.
In its submittal dated July 2, 2015, WDNR requested that Wis.
Stats. 15.05, 19.45(2), and 19.46 be applied not only to obligations
under section 128 of the CAA, but also to infrastructure SIP
requirements for the 1997 ozone, 1997 PM2.5, 2006
PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS. EPA therefore proposes that Wisconsin has met the
infrastructure SIP requirements of this portion of section
110(a)(2)(E)(ii) with respect to the 1997 ozone, 1997 PM2.5,
2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and
2010 SO2 NAAQS.
V. What Action is EPA Taking?
EPA is proposing to incorporate Wis. Stats. 15.05, 19.45(2), and
19.46 into Wisconsin's SIP. EPA is further proposing to approve these
submissions as meeting CAA obligations under section 128, as well as
110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006
PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS.
VI. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Wis. Stats. 15.05, effective July 2, 2013, Wis. Stats.
19.45(2), effective May 11, 1990, and Wis. Stats. 19.46, effective
February 17, 2007. EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
VII. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: August 28, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-22713 Filed 9-10-15; 8:45 am]
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