[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Rules and Regulations]
[Pages 46882-46884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20038]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0008; FRL-9982-61--Region 5]


Air Plan Approval; Wisconsin; Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
January 4, 2018, request by the Wisconsin Department of Natural 
Resources (Wisconsin) to revise its state implementation plan (SIP) for 
fine particulate matter (PM2.5). Wisconsin updated its 
ambient air quality standards for PM2.5 to be consistent 
with EPA's 2012 revision to the PM2.5 national ambient air 
quality standards (NAAQS). Wisconsin also revised its incorporation by 
reference rule to update references to the EPA monitoring methods.

[[Page 46883]]


DATES: This final rule is effective on October 17, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0008. All documents in the docket are listed on 
the www.regulations.gov website. 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 
through www.regulations.gov or 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 Matt Rau, Environmental Engineer, at (312) 886-6524 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, [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. Background
II. Public Comment
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On January 15, 2013, EPA revised the primary (protective of human 
health) annual PM2.5 NAAQS to a level of 12.0 micrograms per 
cubic meter ([mu]g/m\3\). 40 CFR 50.18. EPA also retained the annual 
PM2.5 secondary (protective of public welfare) NAAQS set at 
a level of 15.0 [mu]g/m\3\, along with the 24-hour primary and 
secondary NAAQS for PM2.5 at a level of 35 [mu]g/m\3\. 40 
CFR 50.13.
    Wisconsin revised its ambient air quality rules in chapter NR 404 
such that its PM2.5 standards are consistent with EPA's 
revision. Wisconsin modified NR 404.04(9) by splitting the 
PM2.5 standards into separate sections for the primary and 
secondary standards. Wisconsin added NR 404.04(9)(am) for the primary 
PM2.5 standard and NR 404.04(9)(bm) for the secondary 
PM2.5 standard. In NR 404.04(9)(am), the primary annual 
PM2.5 standard was revised from 15.0 to 12.0 [mu]g/m\3\ with 
the 24-hour primary PM2.5 standard remaining at 35 [mu]g/
m\3\. Wisconsin retained the current secondary standard, 15.0 [mu]g/
m\3\ annual and 35 [mu]g/m\3\ 24-hour, in the new NR 404.04(9)(bm).
    Wisconsin also included monitoring method requirements in both NR 
404.04(9)(am) and (bm). The ambient PM2.5 is to be measured 
by the methods of 40 CFR part 50, appendices L and N, for both 
standards. 40 CFR part 50, appendix L, is the Reference Method for the 
Determination of Fine Particulate Matter as PM2.5 in the 
Atmosphere, while 40 CFR part 50, appendix N, is the Interpretation of 
the NAAQS for PM2.5.
    Wisconsin also revised its incorporation by reference rules in 
chapter NR 484. Wisconsin altered NR 484.04(6g) and NR 484.04(6r). The 
State amended NR 484.04(6g) by incorporating by reference 40 CFR part 
50, appendix L, Reference Method for the Determination of Particulate 
Matter as PM2.5 in the Atmosphere, into NR 404.04(9). The 
State amended NR 484.04(6r) by incorporating by reference 40 CFR part 
50, appendix N, Interpretation of the NAAQS for PM2.5, into 
NR 404.04(9).

II. Public Comment

    A comment period was provided in the May 25, 2018, proposed rule 
(83 FR 24257). The comment period closed on June 25, 2018. One 
anonymous comment was received that is irrelevant to the scope of this 
rulemaking and therefore, need not be addressed.

III. What action is EPA taking?

    EPA is approving revisions to NR 404.04(9), NR 484.04(6g), and NR 
484.04(6r), as submitted on January 4, 2018. The revisions to the 
ambient air quality standards and the incorporation by reference rules 
make Wisconsin's standards consistent with 2012 PM2.5 NAAQS.

IV. 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).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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 Clean Air Act; 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).

[[Page 46884]]

    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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 16, 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. This action may not be challenged later in 
proceedings to enforce its requirements. (See Clean Air Act section 
307(b)(2).)

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: August 8, 2018.
Cathy Stepp,
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.

Subpart YY--Wisconsin

0
2. Section 52.2570 is amended by revising paragraphs (c)(121) 
introductory text and (c)(121)(i)(B), adding paragraph (c)(121)(i)(C), 
revising paragraph (c)(121)(ii)(B), and adding paragraph 
(c)(121)(ii)(C) to read as follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (121) On September 11, 2009, the Wisconsin Department of Natural 
Resources (WDNR) submitted a State Implementation Plan (SIP) revision 
request. The State's ambient air quality standards were revised by 
adding fine particulate matter, PM2.5, standards and 
revising the coarse particulate matter, PM10, standards. 
Wisconsin added annual and 24-hour PM2.5 standards. It also 
revoked the annual PM10 ambient air quality standard while 
retaining the 24-hour PM10 standard. On January 4, 2018, the 
WDNR submitted a SIP revision request updating its ambient air quality 
standards for fine particulate matter to be consistent with EPA's 2012 
revisions to the fine particulate matter national ambient air quality 
standards. Wisconsin also revised its incorporation by reference rule 
to update references to the EPA monitoring methods.
    (i) * * *
    (B) NR 404.04 Ambient Air Quality Standards. NR 404.04(8) 
``PM10: PRIMARY AND SECONDARY STANDARDS.'' as published in 
the Wisconsin Administrative Register, September 2009, No. 645, 
effective October 1, 2009.
    (C) NR 404.04 Ambient Air Quality Standards. NR 404.04(9) 
``PM2.5.'' as published in the Wisconsin Administrative 
Register, December 2017, No. 744, effective January 1, 2018.
    (ii) * * *
    (B) NR 484.04 Code of federal regulations appendices. NR 484.04(6) 
in Table 2, as published in the Wisconsin Administrative Register, 
September 2009, No. 645, effective October 1, 2009.
    (C) NR 484.04 Code of federal regulations appendices. NR 484.04(6g) 
and NR 484.04(6r) in Table 2, as published in the Wisconsin 
Administrative Register, December 2017, No. 744, effective January 1, 
2018.
* * * * *
[FR Doc. 2018-20038 Filed 9-14-18; 8:45 am]
 BILLING CODE 6560-50-P