[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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