[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Rules and Regulations]
[Pages 24499-24500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09419]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0784; FRL-10022-90-Region 5]


Air Plan Approval; Wisconsin; Prevention of Significant 
Deterioration (PSD) and Nonattainment New Source Review (NSR) Rule 
Clarifications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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. EPA proposed to approve this 
action on November 9, 2020 and received no adverse comments.

DATES: This final rule is effective on June 7, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2008-0784. 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 and facility 
closures due to COVID-19. We recommend that you telephone Michael 
Cloyd, Air Permits Section, at (312) 886-1474 before visiting the 
Region 5 office.

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].

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

I. Background Information

    On November 9, 2020 (85 FR 71295), EPA proposed to approve 
revisions to Wisconsin's air rules as adopted in the Wisconsin Register 
(July 2008, No. 631). An explanation of the Clean Air Act requirements, 
a detailed analysis of the revisions, and EPA's reasons for proposing 
approval were provided in the notice of proposed rulemaking (NPRM), and 
will not be restated here. The public comment period for this proposed 
rule ended on December 9, 2020. EPA received no comments on the 
proposal.

II. Final Action

    EPA is approving updates and revisions to Wisconsin's air quality 
SIP. Specifically, EPA is approving updates to the definition of 
``Replacement Unit'' under NR 405.02(12)(b), NR 405.02(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 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 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);
     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).
    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

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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 July 6, 2021. 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.

    Dated: April 29, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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)(143) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (143) On September 30, 2008 the Wisconsin Department of Natural 
Resources submitted a request to revise Wisconsin's air permitting 
program. The revisions update the definition of ``Replacement Unit'' 
and clarify a component of the emission calculation used to determine 
emissions under a plantwide applicability limitation.
    (i) Incorporation by reference. (A) Wisconsin Administrative Code, 
NR 405.02 Definitions. NR 405.02(12)(b), and NR 405.02(25k), as 
published in the Wisconsin Administrative Register July 2008, No. 631, 
effective August 1, 2008.
    (B) Wisconsin Administrative Code, NR 405.18 Plant-wide 
applicability limitations (PALs), NR 405.18(6)(e), as published in the 
Wisconsin Administrative Register July 2008, No. 631, effective August 
1, 2008.
    (C) Wisconsin Administrative Code, NR 408.02 Definitions. NR 
408.02(29s), as published in the Wisconsin Administrative Register July 
2008, No. 631, effective August 1, 2008.
    (D) Wisconsin Administrative Code, NR 408.11 Plant-wide 
applicability limitations (PALs), NR 408.11(6)(e), as published in the 
Wisconsin Administrative Register July 2008, No. 631, effective August 
1, 2008.
    (ii) [Reserved]

[FR Doc. 2021-09419 Filed 5-6-21; 8:45 am]
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