[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Rules and Regulations]
[Pages 54725-54728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22864]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0704; FRL-9933-62-Region 5]


Air Plan Approval; Wisconsin; Infrastructure SIP Requirements for 
the 2008 Ozone, 2010 NO2, and 2010 SO2 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve some elements of state implementation plan (SIP) 
submissions from Wisconsin regarding the infrastructure requirements of 
section 110 of the Clean Air Act (CAA) for the 2008 ozone, 2010 
nitrogen dioxide (NO2), and 2010 sulfur dioxide 
(SO2) National Ambient Air Quality Standards (NAAQS). The 
infrastructure requirements are designed to ensure that the structural 
components of each state's air quality management program are adequate 
to meet the state's responsibilities under the CAA. The

[[Page 54726]]

proposed rulemaking associated with this final action was published on 
April 20, 2015, and EPA received no comments during the comment period, 
which ended on May 20, 2015.

DATES: This final rule is effective on October 13, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2014-0704. 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, e.g., 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 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 is the background of these SIP submissions?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews.

I. What is the background of these SIP submissions?

A. What state submissions does this rulemaking address?

    This rulemaking addresses June 20, 2013, submissions and a January 
28, 2015, clarification from the Wisconsin Department of Natural 
Resources (WDNR) intended to address all applicable infrastructure 
requirements for the 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS.

B. Why did the state make these SIP submissions?

    Under section 110(a)(1) and (2) of the CAA, states are required to 
submit infrastructure SIPs to ensure that their SIPs provide for 
implementation, maintenance, and enforcement of the NAAQS, including 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. 
These submissions must contain any revisions needed for meeting the 
applicable SIP requirements of section 110(a)(2), or certifications 
that their existing SIPs for the NAAQS already meet those requirements.
    EPA has highlighted this statutory requirement in multiple guidance 
documents. The most recent, entitled ``Guidance on Infrastructure State 
Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and 
(2)'', was published on September 13, 2013.

C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submissions from Wisconsin that address 
the infrastructure requirements of CAA section 110(a)(1) and (2) for 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. The 
requirement for states to make SIP submissions of this type arises out 
of CAA section 110(a)(1), which states that 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, such 
as SIP submissions that address the nonattainment planning requirements 
of part D and the Prevention of Significant Deterioration (PSD) 
requirements of part C of title I of the CAA, and ``regional haze SIP'' 
submissions required to address the visibility protection requirements 
of CAA section 169A.
    This rulemaking will not cover three substantive areas because they 
are not integral to acting on a state's infrastructure SIP submissions: 
(i) Existing provisions related to excess emissions during periods of 
start-up, shutdown, or malfunction (''SSM'') at sources, that may be 
contrary to the CAA and EPA's policies addressing such excess 
emissions; (ii) existing provisions related to ``director's variance'' 
or ``director's discretion'' that purport to permit revisions to SIP 
approved emissions limits with limited public notice or without 
requiring further approval by EPA, that may be contrary to the CAA; 
and, (iii) existing provisions for PSD programs that may be 
inconsistent with current requirements of EPA's ``Final NSR Improvement 
Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 
(June 13, 2007) (``NSR Reform''). Instead, EPA has the authority to 
address each one of these substantive areas in separate rulemakings. A 
detailed history, interpretation, and rationale as they relate to 
infrastructure SIP requirements can be found in EPA's May 13, 2014, 
proposed rule entitled, ``Infrastructure SIP Requirements for the 2008 
Lead NAAQS'' in the section, ``What is the scope of this rulemaking?'' 
(see 79 FR 27241 at 27242-27245).

II. What action is EPA taking?

    EPA is taking final action to approve most elements of submissions 
from Wisconsin certifying that its current SIP is sufficient to meet 
the required infrastructure elements under section 110(a)(1) and (2) 
for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
    The proposed rulemaking associated with this final action was 
published on April 20, 2015 (75 FR 21685), and EPA received no comments 
during the comment period, which ended on May 20, 2015. EPA is 
therefore taking final action to approve, as proposed, most elements of 
Wisconsin's submissions.
    EPA's actions for the state's satisfaction of infrastructure SIP 
requirements, by element of section 110(a)(2) and NAAQS, are contained 
in the table below.

[[Page 54727]]



------------------------------------------------------------------------
                                         2008
               Element                   Ozone     2010  NO2   2010  SO2
------------------------------------------------------------------------
(A)--Emission limits and other                A           A           A
 control measures...................
(B)--Ambient air quality monitoring/          A           A           A
 data system........................
(C)1--Program for enforcement of              A           A           A
 control measures...................
(C)2--PSD...........................         NA          NA          NA
(D)1--I Prong 1: Interstate                  NA           A          NA
 transport--significant contribution
(D)2--I Prong 2: Interstate                  NA           A          NA
 transport--interfere with
 maintenance........................
(D)3--II Prong 3: Interstate                 NA          NA          NA
 transport--prevention of
 significant deterioration..........
(D)4--II Prong 4: Interstate                  A           A           A
 transport--protect visibility......
(D)5--Interstate and international            A           A           A
 pollution abatement................
(E)1--Adequate resources............          A           A           A
(E)2--State board requirements......         NA          NA          NA
(F)--Stationary source monitoring             A           A           A
 system.............................
(G)--Emergency power................          A           A           A
(H)--Future SIP revisions...........          A           A           A
(I)--Nonattainment planning                  NA          NA          NA
 requirements of part D.............
(J)1--Consultation with government            A           A           A
 officials..........................
(J)2--Public notification...........          A           A           A
(J)3--PSD...........................         NA          NA          NA
(J)4--Visibility protection.........          A           A           A
(K)--Air quality modeling/data......          A           A           A
(L)--Permitting fees................          A           A           A
(M)--Consultation and participation           A           A           A
 by affected local entities.........
------------------------------------------------------------------------

In the above table, the key is as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
A.........................................  Approve.
NA........................................  No Action/Separate
                                             Rulemaking.
------------------------------------------------------------------------

III. 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).
    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 November 10, 2015. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: August 27, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

[[Page 54728]]

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 52.2591 is amended by adding paragraphs (g), (h), and (i) to 
read as follows:


Sec.  52.2591  Section 110(a)(2) infrastructure requirements.

* * * * *
    (g) Approval--In a June 20, 2013, submission with a January 28, 
2015, clarification, Wisconsin certified that the state has satisfied 
the infrastructure SIP requirements of section 110(a)(2)(A) through 
(H), and (J) through (M) for the 2008 ozone NAAQS. We are not taking 
action on the prevention of significant deterioration requirements 
related to section 110(a)(2)(C), (D)(i)(II), and (J), the transport 
provisions in section 110(a)(2)(D)(i)(I), and the state board 
requirements of (E)(ii). We will address these requirements in a 
separate action.
    (h) Approval--In a June 20, 2013, submission with a January 28, 
2015, clarification, Wisconsin certified that the state has satisfied 
the infrastructure SIP requirements of section 110(a)(2)(A) through 
(H), and (J) through (M) for the 2010 nitrogen dioxide (NO2) 
NAAQS. We are not taking action on the prevention of significant 
deterioration requirements related to section 110(a)(2)(C), (D)(i)(II), 
and (J), and the state board requirements of (E)(ii). We will address 
these requirements in a separate action.
    (i) Approval--In a June 20, 2013, submission with a January 28, 
2015, clarification, Wisconsin certified that the state has satisfied 
the infrastructure SIP requirements of section 110(a)(2)(A) through 
(H), and (J) through (M) for the 2010 sulfur dioxide (SO2) 
NAAQS. We are not taking action on the prevention of significant 
deterioration requirements related to section 110(a)(2)(C), (D)(i)(II), 
and (J), the transport provisions in section 110(a)(2)(D)(i)(I), and 
the state board requirements of (E)(ii). We will address these 
requirements in a separate action.
[FR Doc. 2015-22864 Filed 9-10-15; 8:45 am]
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