[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Rules and Regulations]
[Pages 3334-3336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01015]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0464; FRL-9939-78-Region 5]


Air Plan Approval; Wisconsin; Wisconsin State Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of state implementation plan (SIP) submissions from Wisconsin 
regarding the state board requirements under section 128 of the Clean 
Air Act (CAA). EPA is also approving 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). The 
proposed rulemaking associated with this final action was published on 
September 11, 2015, and EPA received no comments during the comment 
period, which ended on October 13, 2015.

DATES: This final rule is effective on February 22, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2015-0464. 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 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 guidance is EPA using to evaluate these SIP submissions?
III. What is the result of EPA's review of these SIP submissions?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. 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

[[Page 3335]]

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.

II. 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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III. 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.
    On September 11, 2015 (80 FR 54744), EPA published a proposed rule 
that would approve these submissions into Wisconsin's SIP. This 
proposed rule contained a detailed evaluation of how Wisconsin's 
submissions satisfy certain requirements under CAA sections 110 and 
128. No comments were received. Therefore, EPA is finalizing this rule 
as proposed.

IV. What action is EPA taking?

    EPA is taking final action to incorporate Wis. Stats. 15.05, 
19.45(2), and 19.46 into Wisconsin's SIP. EPA is further approving 
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.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Wisconsin 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. 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).

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 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

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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 March 21, 2016. 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 dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Dated: November 23, 2015.
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)(134) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (134) On July 2, 2015, the Wisconsin Department of Natural 
Resources submitted a request to revise the State Implementation Plan 
to satisfy the state board requirements under section 128 of the Clean 
Air Act.
    (i) Incorporation by reference.
    (A) Wisconsin Statutes, section 15.05 Secretaries, as revised by 
2013 Wisconsin Act 20, enacted on June 30, 2013. (A copy of 2013 
Wisconsin Act 20 is attached to section 15.05 to verify the enactment 
date.)
    (B) Wisconsin Statutes, section 19.45(2), as revised by 1989 
Wisconsin Act 338, enacted on April 27, 1990. (A copy of 1989 Wisconsin 
Act 338 is attached to section 19.45(2) to verify the enactment date.)
    (C) Wisconsin Statutes, section 19.46 Conflict of interest 
prohibited; exception, as revised by 2007 Wisconsin Act 1, enacted on 
February 2, 2007. (A copy of 2007 Wisconsin Act 1 is attached to 
section 19.46 to verify the enactment date.)

0
3. Section 52.2591 is amended by adding paragraph (j) to read as 
follows:


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

* * * * *
    (j) Approval--In a July 2, 2015, submission, Wisconsin certified 
that the state has satisfied the infrastructure SIP requirements of 
section 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.

[FR Doc. 2016-01015 Filed 1-20-16; 8:45 am]
 BILLING CODE 6560-50-P