[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Proposed Rules]
[Pages 8460-8465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03404]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR part 52

[EPA-R05-OAR-2015-0529; FRL-9942-57-Region 5]


Air Plan Approval; Wisconsin; Infrastructure SIP Requirements for 
the 2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve some elements of a state implementation plan (SIP) submission 
from Wisconsin regarding the infrastructure requirements of section 110 
of the Clean Air Act (CAA) for the 2012 fine particulate matter 
(PM2.5) 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.

DATES: Comments must be received on or before March 21, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0529 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the Web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the

[[Page 8461]]

full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6832, 
[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 this SIP submission?
II. What guidance is EPA using to evaluate this SIP submission?
III. What is the result of EPA's review of this SIP submission?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is the background of this SIP submission?

A. What state SIP submission does this rulemaking address?

    This rulemaking addresses a submission from the Wisconsin 
Department of Natural Resources (WDNR). The state submitted its 
infrastructure SIP for the 2012 PM2.5 \1\ NAAQS on July 13, 
2015.
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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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B. Why did the state make this SIP submission?

    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 
2012 PM2.5 NAAQS. This submission 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 highlighted this statutory requirement 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 National Ambient Air Quality Standards'' (2007 
Guidance) and has issued additional guidance documents, the most recent 
on September 13, 2013, entitled ``Guidance on Infrastructure State 
Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and 
110(a)(2)'' (2013 Guidance). The SIP submission referenced in this 
rulemaking pertains to the applicable requirements of section 110(a)(1) 
and (2), and addresses the 2012 PM2.5 NAAQS.

C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submission from Wisconsin that addresses 
the infrastructure requirements of CAA section 110(a)(1) and (2) for 
the 2012 PM2.5 NAAQS. The requirement for states to make SIP 
submissions of this type arises out of CAA 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, 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 that 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, ``Approval and Promulgation of Air Quality 
Implementation Plans; Illinois, Michigan, Minnesota, Wisconsin; 
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 guidance is EPA using to evaluate this SIP submission?

    EPA's guidance for this infrastructure SIP submission is embodied 
in the 2007 Guidance referenced previously. Specifically, attachment A 
of the 2007 Guidance (Required Section 110 SIP Elements) identifies the 
statutory elements that states need to submit in order to satisfy the 
requirements for an infrastructure SIP submission. As discussed, EPA 
issued additional guidance, the most recent being the 2013 Guidance 
that further clarifies aspects of infrastructure SIPs that are not 
NAAQS specific.

III. What is the result of EPA's review of this SIP submission?

    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 19, 
2015, held a public hearing at WDNR state Headquarters on June 17, 
2015, and closed the public comment period on June 19, 2015. No 
comments were received during the WDNR's public comment period.
    Wisconsin provided a detailed synopsis of how various components of 
its SIP meet each of the applicable requirements in section 110(a)(2) 
for the 2012 PM2.5 NAAQS. The following review evaluates the 
state's submission.

A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures

    This section requires SIPs to include enforceable emission limits 
and other control measures, means or techniques, as well as schedules 
and timetables for compliance, and other related matters. However, EPA 
has long interpreted emission limits and control measures

[[Page 8462]]

for attaining the standards as being due when nonattainment planning 
requirements are due.\2\ In the context of an infrastructure SIP, EPA 
is not evaluating the existing SIP provisions for this purpose. 
Instead, EPA is only evaluating whether the state's SIP has basic 
structural provisions for the implementation of the NAAQS.
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    \2\ See, e.g., EPA's final rule on ``National Ambient Air 
Quality Standards for Lead.'' 73 FR 66964 at 67034.
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    Under Wisconsin Statutes (Wis. Stats.) 227 and 285, WDNR holds the 
authority to create new rules and implement existing emission limits 
and controls. Authority to monitor, update, and implement revisions to 
Wisconsin's SIP, including revisions to emission limits and control 
measures as necessary to meet NAAQS, is contained in Wis. Stats. 
285.11-285.19. Authority related to specific pollutants, including the 
establishment of ambient air quality standards and increments, 
identification of nonattainment areas, air resource allocations, and 
performance and emissions standards, is contained in Wis. Stats. 
285.21-285.29.
    Specifically, authority for WNDR to create new rules and 
regulations is found in Wis. Stats. 227.11, 285.11, and 285.21. Wis. 
Stats. 227.11(2)(a) expressly confers rulemaking authority to an 
agency. Wis. Stats. 285.11(1) and (6) require that WDNR promulgate 
rules and establish control strategies in order to prepare and 
implement the SIP for the prevention, abatement, and control of air 
pollution in Wisconsin.
    The 2013 Guidance states that to satisfy section 110(a)(2)(A) 
requirements, ``an air agency's submission should identify existing 
EPA-approved SIP provisions or new SIP provisions that the air agency 
has adopted and submitted for EPA approval that limit emissions of 
pollutants relevant to the subject NAAQS, including precursors of the 
relevant NAAQS pollutant where applicable.'' The following current 
Wisconsin Administrative Code Chapters Natural Resources (NR) contain 
existing emission limits and control requirements that apply to 
particulate emissions:

Chapter NR 415, Wis. Adm. Code--Control of Particulate Emissions
Chapter NR 431, Wis. Adm. Code--Control of Visible Emissions

These regulations can be applied to the 2012 PM2.5 NAAQS.
    On January 1, 2015, EPA began implementing the Cross-State Air 
Pollution Rule (CSAPR). Wisconsin is subject to CSAPR's requirements 
regarding annual oxides of nitrogen (NOX) and SO2 
power plant emissions, which are intended to address transport of 
PM2.5 to downwind states. EPA and WDNR expect that CSAPR 
will result in reduced NOX and SO2 emissions from 
Wisconsin's power plants, which will assist Wisconsin's efforts to 
attain and maintain the 2012 PM2.5 NAAQS.
    In this rulemaking, EPA is not proposing to approve any new 
provisions in NR 415 or NR 431 that have not been previously approved 
by EPA. EPA is also not proposing to approve or disapprove any existing 
state provisions or rules related to start-up, shutdown or malfunction 
or director's discretion in the context of section 110(a)(2)(A). EPA 
proposes that Wisconsin has met the infrastructure SIP requirements of 
section 110(a)(2)(A) with respect to the 2012 PM2.5 NAAQS.

B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System

    This section requires SIPs to include provisions to provide for 
establishing and operating ambient air quality monitors, collecting and 
analyzing ambient air quality data, and making these data available to 
EPA upon request. This review of the annual monitoring plan includes 
EPA's determination that the state: (i) Monitors air quality at 
appropriate locations throughout the state using EPA-approved Federal 
Reference Methods or Federal Equivalent Method monitors; (ii) submits 
data to EPA's Air Quality System (AQS) in a timely manner; and, (iii) 
provides EPA Regional Offices with prior notification of any planned 
changes to monitoring sites or the network plan.
    WDNR continues to operate an extensive air monitoring network, 
which is used to determine compliance with the NAAQS. Furthermore, WDNR 
submits yearly monitoring network plans to EPA, and EPA approved WDNR's 
Annual Air Monitoring Network Plan on October 31, 2014. Monitoring data 
from WDNR are entered into EPA's AQS in a timely manner, and the state 
provides EPA with prior notification when changes to its monitoring 
network or plan are being considered. EPA proposes that Wisconsin has 
met the infrastructure SIP requirements of section 110(a)(2)(B) with 
respect to the 2012 PM2.5 NAAQS.

C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures; 
PSD

    This section requires each state to provide a program for 
enforcement of control measures. Section 110(a)(2)(C) also includes 
various requirements relating to PSD.
    1. Program for enforcement of control measures.
    States are required to include a program providing for enforcement 
of all SIP measures and the regulation of construction of new or 
modified stationary sources to meet new source review (NSR) 
requirements under PSD and nonattainment new source review (NNSR) 
programs. Part C of the CAA (sections 160-169B) addresses PSD, while 
part D of the CAA (sections 171-193) addresses NNSR requirements.
    WDNR maintains an enforcement program to ensure compliance with SIP 
requirements. The Bureau of Air Management houses an active statewide 
compliance and enforcement team that works in all geographic regions of 
the state. WDNR refers actions as necessary to the Wisconsin Department 
of Justice with the involvement of WDNR. Under Wis. Stats. 285.13, WDNR 
has the authority to impose fees and penalties to ensure that required 
measures are ultimately implemented. Wis. Stats. 285.83 and Wis. Stats. 
285.87 provide WDNR with the authority to enforce violations and assess 
penalties. EPA proposes that Wisconsin has met the enforcement of SIP 
measures requirements of section 110(a)(2)(C) with respect to the 2012 
PM2.5 NAAQS.
    2. PSD.
    Section 110(a)(2)(C) includes various PSD requirements: 
identification of NOX as a precursor to ozone provisions in 
the PSD program, identification of precursors to PM2.5 and 
the identification of PM2.5 and PM10 \3\ 
condensables in the PSD program, PM2.5 increments in the PSD 
program, and greenhouse gas (GHG) permitting and the ``Tailoring 
Rule.'' \4\ In this rulemaking, we are not taking action on the state's 
satisfaction of the various PSD permitting requirements. Instead, EPA 
will evaluate Wisconsin's compliance with each of these requirements in 
a separate rulemaking.
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    \3\ PM10 refers to particles with an aerodynamic 
diameter of less than or equal to 10 micrometers.
    \4\ In EPA's April 28, 2011, proposed rulemaking for 
infrastructure SIPs for the 1997 ozone and PM2.5 NAAQS, 
we stated that each state's PSD program must meet applicable 
requirements for evaluation of all regulated NSR pollutants in PSD 
permits (see 76 FR 23757 at 23760). This view was reiterated in 
EPA's August 2, 2012, proposed rulemaking for infrastructure SIPs 
for the 2006 PM2.5 NAAQS (see 77 FR 45992 at 45998). In 
other words, if a state lacks provisions needed to adequately 
address NOX as a precursor to ozone, PM2.5 
precursors, PM2.5 and PM10 condensables, 
PM2.5 increments, or the Federal GHG permitting 
thresholds, the provisions of section 110(a)(2)(C) requiring a 
suitable PSD permitting program must be considered not to have been 
met irrespective of the NAAQS that triggered the requirement to 
submit an infrastructure SIP.

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[[Page 8463]]

D. Section 110(a)(2)(D)--Interstate Transport; Pollution Abatement

    Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions 
prohibiting any source or other type of emissions activity in one state 
from contributing significantly to nonattainment, or interfering with 
maintenance, of the NAAQS in another state. Section 110(a)(2)(D)(i)(II) 
requires SIPs to include provisions prohibiting any source or other 
type of emissions activity in one state from interfering with measures 
required to prevent significant deterioration of air quality or to 
protect visibility in another state.
    1. Interstate transport--significant contribution.
    In this rulemaking, EPA is not evaluating section 
110(a)(2)(D)(i)(I) requirements relating to significant contribution to 
transport for the 2012 PM2.5 NAAQS. Instead, EPA will 
evaluate these requirements in a separate rulemaking.
    2. Interstate transport--interfere with maintenance.
    In this rulemaking, EPA is not evaluating section 
110(a)(2)(D)(i)(I) requirements relating to interference with 
maintenance for the 2012 PM2.5 NAAQS. Instead, EPA will 
evaluate these requirements in a separate rulemaking.
    3. Interstate transport--prevention of significant deterioration.
    Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions 
prohibiting interference with PSD. In this rulemaking, we are not 
taking action on the state's satisfaction of PSD requirements. Instead, 
EPA will evaluate Wisconsin's compliance with PSD requirements in 
separate rulemakings.
    4. Interstate transport--protect visibility.
    With regard to the applicable requirements for visibility 
protection of section 110(a)(2)(D)(i)(II), states are subject to 
visibility and regional haze program requirements under part C of the 
CAA (which includes sections 169A and 169B). The 2013 Guidance states 
that these requirements can be satisfied by an approved SIP addressing 
reasonably attributable visibility impairment, if required, or an 
approved SIP addressing regional haze.
    On August 7, 2012, EPA published its final approval of Wisconsin's 
regional haze plan (see 77 FR 46952). Therefore, EPA is proposing that 
Wisconsin has met the visibility protection requirements of section 
110(a)(2)(D)(i)(II) for the 2012 PM2.5 NAAQS.
    5. Interstate and international pollution abatement.
    Section 110(a)(2)(D)(ii) requires each SIP to contain adequate 
provisions requiring compliance with the applicable requirements of 
section 126 and section 115 of the CAA (relating to interstate and 
international pollution abatement, respectively).
    Section 126(a) requires new or modified sources to notify 
neighboring states of potential impacts from the source. The statute 
does not specify the method by which the source should provide the 
notification. States with SIP-approved PSD programs must have a 
provision requiring such notification by new or modified sources. A 
lack of such a requirement in state rules would be grounds for 
disapproval of this element.
    Wisconsin has provisions in the EPA-approved portion of its PSD 
program requiring new or modified sources to notify neighboring states 
of potential negative air quality impacts. Wisconsin's submission 
references these provisions as being adequate to meet the requirements 
of section 126(a). Wisconsin has no pending obligations under section 
115. Therefore, EPA is proposing that Wisconsin has met all applicable 
infrastructure SIP requirements of section 110(a)(2)(D)(ii) with 
respect to the 2012 PM2.5 NAAQS.

E. Section 110(a)(2)(E)--Adequate Authority and Resources

    This section requires each state to provide for adequate personnel, 
funding, and legal authority under state law to carry out its SIP, and 
related issues. Section 110(a)(2)(E)(ii) also requires each state to 
comply with the requirements respecting state boards under section 128.
    1. Adequate resources.
    Wisconsin's biennial budget ensures that EPA grant funds as well as 
state funding appropriations are sufficient to administer its air 
quality management program, and WDNR has routinely demonstrated that it 
retains adequate personnel to administer its air quality management 
program. Wisconsin's Environmental Performance Partnership Agreement 
with EPA documents certain funding and personnel levels at WDNR. As 
discussed in previous sections, basic duties and authorities in the 
state are outlined in Wis. Stats. 285.11. EPA proposes that Wisconsin 
has met the infrastructure SIP requirements of this portion of section 
110(a)(2)(E) with respect to the 2012 PM2.5 NAAQS.
    2. State board requirements.
    Section 110(a)(2)(E) also requires each SIP to contain provisions 
that comply with the state board requirements of section 128 of the 
CAA. That provision contains two explicit requirements: (i) 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 (ii) 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 Wis. Stats. for 
incorporation into the SIP, pursuant to section 128 of the CAA. 
Wisconsin maintains a state board, called the Wisconsin Natural 
Resources 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. EPA 
concludes that WDNR's submission as it relates to the state board 
requirements under section 128 is consistent with applicable CAA 
requirements. EPA approved these rules on Thursday, January 21, 2016 
(81 FR 3334). Therefore, EPA is proposing that Wisconsin has satisfied 
the applicable infrastructure SIP requirements for this section of 
110(a)(2)(E) for the 2012 PM2.5 NAAQS.

F. Section 110(a)(2)(F)--Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary 
sources and submit periodic emissions reports. Each plan shall also 
require the installation, maintenance, and replacement of equipment, 
and the

[[Page 8464]]

implementation of other necessary steps, by owners or operators of 
stationary sources to monitor emissions from such sources. The state 
plan shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such sources, and correlation 
of such reports by each state agency with any emission limitations or 
standards established pursuant to this chapter. Lastly, the reports 
shall be available at reasonable times for public inspection.
    WDNR requires regulated sources to submit various reports, 
dependent on applicable requirements and the type of permit issued, to 
the Bureau of Air Management Compliance Team. The frequency and 
requirements for report review are incorporated as part of NR 438 and 
NR 439. Additionally, WDNR routinely submits quality-assured analyses 
and data obtained from its stationary source monitoring system for 
review and publication by EPA. Basic authority for Wisconsin's 
Federally mandated Compliance Assurance Monitoring reporting structure 
is provided in Wis. Stats. 285.65. EPA proposes that Wisconsin has met 
the infrastructure SIP requirements of section 110(a)(2)(F) with 
respect to the 2012 PM2.5 NAAQS.

G. Section 110(a)(2)(G)--Emergency Power

    This section requires that a plan provide for authority that is 
analogous to what is provided in section 303 of the CAA, and adequate 
contingency plans to implement such authority. The 2013 Guidance states 
that infrastructure SIP submissions should specify authority, rested in 
an appropriate official, to restrain any source from causing or 
contributing to emissions which present an imminent and substantial 
endangerment to public health or welfare, or the environment.
    Wis. Stats. 285.85 requires WDNR to act upon a finding that an 
emergency episode or condition exists. The language contained in this 
chapter authorizes WDNR to seek immediate injunctive relief in 
circumstances of substantial danger to the environment or to public 
health. EPA proposes that Wisconsin has met the applicable 
infrastructure SIP requirements for this portion of section 
110(a)(2)(G) with respect to the 2012 PM2.5 NAAQS.

H. Section 110(a)(2)(H)--Future SIP Revisions

    This section requires states to have the authority to revise their 
SIPs in response to changes in the NAAQS, availability of improved 
methods for attaining the NAAQS, or an EPA finding that the SIP is 
substantially inadequate.
    Wis. Stats. 285.11(6) provides WDNR with the authority to develop 
all rules, limits, and regulations necessary to meet the NAAQS as they 
evolve, and to respond to any EPA findings of inadequacy with the 
overall Wisconsin SIP and air management programs. EPA proposes that 
Wisconsin has met the infrastructure SIP requirements of section 
110(a)(2)(H) with respect to the 2012 PM2.5 NAAQS.

I. Section 110(a)(2)(I)--Nonattainment Planning Requirements of Part D

    The CAA requires that each plan or plan revision for an area 
designated as a nonattainment area meet the applicable requirements of 
part D of the CAA. Part D relates to nonattainment areas.
    EPA has determined that section 110(a)(2)(I) is not applicable to 
the infrastructure SIP process. Instead, EPA takes action on part D 
attainment plans through separate processes.

J. Section 110(a)(2)(J)--Consultation With Government Officials; Public 
Notification; PSD; Visibility Protection

    The evaluation of the submission from Wisconsin with respect to the 
requirements of section 110(a)(2)(J) are described below.
    1. Consultation with government officials.
    States must provide a process for consultation with local 
governments and Federal Land Managers carrying out NAAQS implementation 
requirements.
    Wis. Stats. 285.13(5) contains the provisions for WDNR to advise, 
consult, contract, and cooperate with other agencies of the state and 
local governments, industries, other states, interstate or inter-local 
agencies, the Federal government, and interested persons or groups 
during the entire process of SIP revision development and 
implementation and for other elements regarding air management for 
which WDNR is the officially charged agency. WDNR's Bureau of Air 
Management has effectively used formal stakeholder structures in the 
development and refinement of all SIP revisions. Additionally, 
Wisconsin is an active member of the Lake Michigan Air Directors 
Consortium (LADCO), which provides technical assessments and a forum 
for discussion regarding air quality issues to member states. EPA 
proposes that Wisconsin has satisfied the infrastructure SIP 
requirements of this portion of section 110(a)(2)(J) with respect to 
the 2012 PM2.5 NAAQS.
    2. Public notification.
    Section 110(a)(2)(J) also requires states to notify the public if 
NAAQS are exceeded in an area and to enhance public awareness of 
measures that can be taken to prevent exceedances of the NAAQS. WDNR 
maintains portions of its Web site specifically for issues related to 
the 2012 PM2.5 NAAQS.\5\ Information related to monitoring 
sites is found on Wisconsin's Web site, as is the calendar for all 
public events and public hearings held in the state. EPA proposes that 
Wisconsin has met the infrastructure SIP requirements of this portion 
of section 110(a)(2)(J) with respect to the 2012 PM2.5 
NAAQS.
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    \5\ http://dnr.wi.gov/topic/AirQuality/Particles.html.
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    3. PSD.
    States must meet applicable requirements of section 110(a)(2)(C) 
related to PSD. Wisconsin's PSD program in the context of 
infrastructure SIPs has already been discussed in the paragraphs 
addressing section 110(a)(2)(C) and (a)(2)(D)(i)(II). EPA will evaluate 
Wisconsin's compliance with the various PSD and GHG infrastructure SIP 
requirements of section 110(a)(2)(J) in a separate rulemaking.
    4. Visibility protection.
    With regard to the applicable requirements for visibility 
protection, states are subject to visibility and regional haze program 
requirements under part C of the CAA (which includes sections 169A and 
169B). In the event of the establishment of a new NAAQS, the visibility 
and regional haze program requirements under part C do not change. 
Thus, we find that there is no new visibility obligation ``triggered'' 
under section 110(a)(2)(J) when a new NAAQS becomes effective. However, 
as EPA discussed in section D, Wisconsin has a fully approved regional 
haze plan. This plan also meets the visibility requirements of section 
110(a)(2)(J). EPA proposes that Wisconsin has satisfied the 
infrastructure SIP requirements of this portion of section 110(a)(2)(J) 
with respect to the 2012 PM2.5 NAAQS.

K. Section 110(a)(2)(K)--Air Quality Modeling/Data

    SIPs must provide for the performance of air quality modeling for 
predicting effects on air quality of emissions from any NAAQS pollutant 
and the submission of such data to EPA upon request.
    WDNR maintains the capability to perform computer modeling of the 
air quality impacts of emissions of all criteria pollutants, including 
both source-oriented dispersion models and more regionally directed 
complex photochemical grid models. WDNR

[[Page 8465]]

collaborates with LADCO, EPA, and other Lake Michigan states in order 
to perform modeling. Wis. Stats. 285.11, Wis. Stats. 285.13, and Wis. 
Stats. 285.60-285.69 authorize WDNR to perform modeling. EPA proposes 
that Wisconsin has met the infrastructure SIP requirements of section 
110(a)(2)(K) with respect to the 2012 PM2.5 NAAQS.

L. Section 110(a)(2)(L)--Permitting Fees

    This section requires SIPs to mandate each major stationary source 
to pay permitting fees to cover the cost of reviewing, approving, 
implementing, and enforcing a permit.
    WDNR implements and operates the title V permit program, which EPA 
approved on December 4, 2001 (66 FR 62951). EPA approved revisions to 
the program on February 28, 2006 (71 FR 9934). NR 410 contains the 
provisions, requirements, and structures associated with the costs for 
reviewing, approving, implementing, and enforcing various types of 
permits. EPA proposes that Wisconsin has met the infrastructure SIP 
requirements of section 110(a)(2)(L) for the 2012 PM2.5 
NAAQS.

M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local 
Entities

    States must consult with and allow participation from local 
political subdivisions affected by the SIP.
    In addition to the measures outlined in the paragraph addressing 
WDNR's submittals regarding consultation requirements of section 
110(a)(2)(J), as contained in Wis. Stats. 285.13(5), the state follows 
a formal public hearing process in the development and adoption of all 
SIP revisions that entail new or revised control programs or strategies 
and targets. For SIP revisions covering more than one source, WDNR is 
required to provide the standing committees of the state legislature 
with jurisdiction over environmental matters with a 60-day review 
period to ensure that local entities have been properly engaged in the 
development process. EPA proposes that Wisconsin has met the 
infrastructure SIP requirements of section 110(a)(2)(M) with respect to 
the 2012 PM2.5 NAAQS.

IV. What action is EPA taking?

    EPA is proposing to approve most elements of the submission from 
Wisconsin certifying that its current SIP is sufficient to meet the 
required infrastructure elements under section 110(a)(1) and (2) for 
the 2012 PM2.5 NAAQS.
    EPA's proposed 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.

------------------------------------------------------------------------
                  Element                            2012 PM2.5
------------------------------------------------------------------------
(A)--Emission limits and other control      A
 measures.
(B)--Ambient air quality monitoring/data    A
 system.
(C)1--Program for enforcement of control    A
 measures.
(C)2--PSD.................................  NA
(D)1--I Prong 1: Interstate transport--     NA
 significant contribution.
(D)2--I Prong 2: Interstate transport--     NA
 interfere with maintenance.
(D)3--II Prong 3: Interstate transport--    NA
 prevention of significant deterioration.
(D)4--II Prong 4: Interstate transport--    A
 protect visibility.
(D)5--Interstate and international          A
 pollution abatement.
(E)1--Adequate resources..................  A
(E)2--State board requirements............  A
(F)--Stationary source monitoring system..  A
(G)--Emergency power......................  A
(H)--Future SIP revisions.................  A
(I)--Nonattainment planning requirements    NA
 of part D.
(J)1--Consultation with government          A
 officials.
(J)2--Public notification.................  A
(J)3--PSD.................................  NA
(J)4--Visibility protection...............  A
(K)--Air quality modeling/data............  A
(L)--Permitting fees......................  A
(M)--Consultation and participation by      A
 affected local entities.
------------------------------------------------------------------------

    In the above table, the key is as follows:

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

V. 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: February 3, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-03404 Filed 2-18-16; 8:45 am]
 BILLING CODE 6560-50-P