[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Proposed Rules]
[Pages 71295-71296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24776]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0784; FRL-10011-77-Region 5]


Air Plan Approval; Wisconsin; PSD and Nonattainment NSR Rule 
Clarifications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Wisconsin state implementation plan (SIP), 
submitted by the Wisconsin Department of Natural Resources (WDNR) on 
September 30, 2008. The revision updates the definition of 
``Replacement Unit'' and clarifies a component of the emission 
calculation used to determine emissions under a plantwide applicability 
limitation (PAL) in the Wisconsin Administrative Code. Approving this 
revision makes Wisconsin rules consistent with Federal rules.

DATES: Comments must be received on or before December 9, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0784 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 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: Michael Cloyd, Air Permits Section, 
Air Programs Branch (AR-18J), Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886-1474, 
[email protected]. The EPA Region 5 office is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding Federal holidays and 
facility closures due to COVID 19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Review of Wisconsin's Submittal

    This action proposes to approve the request EPA received on 
September 30, 2008 from WDNR to incorporate changes made by EPA to 40 
CFR parts 51 and 52, effective on January 6, 2004 (68 FR 63021). As a 
result of petitions for reconsideration, EPA added two clarifications 
of underlying rules. EPA updated the definition of ``Replacement Unit'' 
to clarify that a replacement unit is reconstructed or takes the place 
completely of the unit being replaced, the replacement unit is 
functionally identical to the old unit, a replacement unit cannot 
change the design parameters of the existing process, and the replaced 
unit has to be permanently removed or rendered permanently unusable. In 
addition, EPA clarified that the PAL baseline calculation procedures 
for newly constructed units do not apply to modified units. Modified or 
existing units are not considered newly constructed units and therefore 
do not need to be added to the PAL level for the 24-month emissions 
period.

[[Page 71296]]

    Wisconsin's submittal includes revisions to its SIP to incorporate 
these changes. Wisconsin's rules are consistent with the January 6, 
2004 definition of ``Replacement Unit'' and clarification of 
calculations for PAL (November 7, 2003, 68 FR 63021).

II. What action is EPA taking?

    EPA is proposing to approve updates and revisions to Wisconsin's 
air quality SIP. Specifically, EPA is proposing to approve updates to 
the definition of ``Replacement Unit'' under NR 405.02(12)(b), 
NR405.02(25k), and NR 408.02(29s), and is approving a revision to a 
component of the emission calculation used to determine emissions under 
a PAL under NR 405.18(6)(e) and NR 408.11(6)(e).

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Wisconsin Administrative Code provisions NR 405.02(12)(b), 
405.18(6)(e), NR 405.02(25k), NR 408.02(29s) and NR 408.11(6)(e), as 
published in the Wisconsin Register, July, 2008, No. 631 and state 
effective August 1, 2008. 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).

VI. 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).
    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.

    Dated: November 3, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-24776 Filed 11-6-20; 8:45 am]
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