[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Rules and Regulations]
[Pages 51575-51577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23048]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0280; FRL-9969-89-Region 5]


Air Plan Approval; Wisconsin; 2017 Revisions to NR 400 and 406

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Wisconsin State 
Implementation Plan (SIP) submitted by the Wisconsin Department of 
Natural Resources (WDNR) to EPA on May 16, 2017. The revision replaces 
the definition of ``emergency electric generator'' with a broader 
definition of ``restricted internal combustion engine''. In addition, 
the revision makes amendments to procedures for revoking construction 
permits as well as language changes and other administrative updates. 
Lastly, WDNR is removing from the SIP two Wisconsin Administrative Code 
provisions that affect eligibility of coverage under general and 
construction permits.

DATES: This direct final rule will be effective January 8, 2018, unless 
EPA receives adverse comments by December 7, 2017. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0280 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 official comment (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 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: Radhica Kanniganti, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-8097, [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. Review of State Submittals
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Review of State Submittals

    This final rulemaking addresses the May 16, 2017, WDNR submittal 
for SIP revision, revising the rules in the Wisconsin SIP to align them 
with Federal requirements. WDNR's submittal includes changes to the 
term ``electric generator'', replacing it with ``restricted internal 
combustion engine'' as well as other minor language and administrative 
changes. Specifically, NR 400.02(136m) replaces the existing definition 
of emergency ``electric generator'' with a broader definition of 
``restricted internal combustion engine'' and NR 406.04(1)(w) amends 
the exemption language for ``emergency electric generators'', replacing 
it with exemption for ``restricted use reciprocating internal 
combustion engines''. NR 406.08(1) and NR 406.10 involve minor changes 
to language, and NR 406.11(1) amends procedures for revoking 
construction permits. These changes serve the purpose of aligning the 
state and Federal regulations and are consistent with the Federal 
program. WDNR is also requesting the removal of two provisions from the 
SIP. NR 406.16(2)(d) and NR 406.17(3)(e) affect the eligibility of 
coverage under general and registration construction permits based on 
whether the project constituted a Type 2 action under the previous ch. 
NR 150. However, the current ch. NR 150 was amended and no longer 
defines or sets requirements for Type 2 actions. Removing these 
provisions from Wisconsin's SIP ensures consistency with Wisconsin 
Environmental Protection Act (WEPA)

[[Page 51576]]

laws and does not affect consistency with the CAA. It is also 
consistent with Section 110(l) of the CAA. Sources covered under 
registration and general permits are still subject to all emission caps 
and applicable requirements set out in those permits.

II. What action is EPA taking?

    EPA is approving revisions to Wisconsin's rules NR 400 and NR 406. 
EPA finds WDNR's submittal to be consistent with the CAA and applicable 
Federal requirements. WDNR's May 16, 2017, submittal requests that EPA 
approve the following rules into Wisconsin's SIP: (1) NR 400.02(136m), 
NR 406.04(1)(w), NR 406.08(1), NR 406.10 and NR 406.11(1). The 
submittal also requests removal of NR 406.16(2)(d) and NR 406.17(3)(e) 
from the SIP.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective January 8, 2018 
without further notice unless we receive relevant adverse written 
comments by December 7, 2017. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective 
January 8, 2018.

III. 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 through www.regulations.gov, and at the EPA Region 
5 Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

IV. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 January 8, 2018. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Reporting and recordkeeping 
requirements.


[[Page 51577]]


    Dated: October 6, 2017.
Robert A. Kaplan,
Acting 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 revising paragraph (c)(113)(i)(D) and 
by adding paragraph (c)(137) to read as follows:


Sec.  52.2570   Identification of plan.

* * * * *
    (c) * * *
    (113) * * *
    (i) * * *
    (D) NR 400.02(73m) and (131m), 406.02(1) and (2), 406.04(2m), NR 
406.11(1)(g)(1), 406.11(3), 406.16, 406.17, 406.18, 407.02(3m), 
407.105, 407.107, 407.14 Note, 407.14(4)(c), 407.15(8)(a) and 
410.03(1)(a)(6) and (7) as created and published in the (Wisconsin) 
Register, August 2005, No. 596, effective September 1, 2005. Sections 
NR 406.16(2)(d) and NR 406.17(3)(e) were repealed in 2015 and are 
removed without replacement; see paragraph (c)(137) of this section.
* * * * *
    (137) On May 16, 2017, the Wisconsin Department of Natural 
Resources submitted a request to revise Wisconsin's air permitting 
rules NR 400.02(136m), NR 406.04(1)(w), NR 406.08(1), NR 406.10 and NR 
406.11(1). These revisions replace the existing definition of 
``emergency electric generator'' with a broader definition of 
``restricted internal combustion engine'', amend procedures for 
revoking construction permits and include minor language changes and 
other administrative updates to ensure consistency with State and 
Federal regulations. Wisconsin has also requested to remove from the 
SIP NR 406.16(2)(d) and NR 406.17(3)(e), provisions affecting 
eligibility of coverage under general and registration construction 
permits, previously approved in paragraph (c)(113) of this section. 
This action ensures consistency with Wisconsin Environmental Protection 
Act (WEPA) laws.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, NR 400.02(136m) as published in 
the Wisconsin Administrative Register November 2015 No. 719A1, 
effective December 1, 2015.
    (B) Wisconsin Administrative Code, NR 406.04(1)(w), NR 406.08(1), 
NR 406.10 and NR 406.11(1) as published in the Wisconsin Administrative 
Register November 2015 No. 719A1, effective December 1, 2015.
    (ii) [Reserved]

[FR Doc. 2017-23048 Filed 11-6-17; 8:45 am]
 BILLING CODE 6560-50-P