[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Rules and Regulations]
[Pages 1685-1687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00347]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2021-0540; FRL-9201-02-R5]


Air Plan Approval; Wisconsin; Redesignation of the Rhinelander 
Sulfur Dioxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is redesignating the 
Rhinelander nonattainment area, which consists of a portion of Oneida 
County (Crescent Township, Newbold Township, Pine Lake Township, 
Pelican Township, and the City of Rhinelander), to attainment for the 
2010 primary, health-based 1-hour sulfur dioxide (SO2) 
National Ambient Air Quality Standard (NAAQS). EPA is also approving 
Wisconsin's SO2 maintenance plan for

[[Page 1686]]

the Rhinelander area. Wisconsin submitted the request for approval of 
the Rhinelander area's redesignation and maintenance plan on July 28, 
2021. EPA approved Wisconsin's attainment plan for the Rhinelander area 
on October 22, 2021, with an effective date of December 31, 2021. EPA 
proposed to approve this action on November 17, 2021, and received no 
adverse comments.

DATES: This final rule is effective on January 12, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2021-0540. 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 Abigail 
Teener, Environmental Engineer, at (312) 353-7314 before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Abigail Teener, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-7314, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background Information

    On November 17, 2021, EPA proposed to approve the redesignation of 
the Rhinelander SO2 nonattainment area to attainment of the 
2010 primary, health-based 1-hour SO2 NAAQS and to approve 
Wisconsin's SO2 maintenance plan for the area (86 FR 64110). 
An explanation of the Clean Air Act (CAA) requirements, a detailed 
analysis of the revisions, and EPA's reasons for proposing approval 
were provided in the notice of proposed rulemaking and will not be 
restated here. In the notice of proposed rulemaking, EPA noted that the 
redesignation would not be finalized until Wisconsin's attainment plan 
for the Rhinelander area was approved and effective. EPA approved 
Wisconsin's plan on October 22, 2021, with an effective date of 
December 31, 2021.

II. Public Comments

    The public comment period for this proposed rule ended on December 
17, 2021. EPA received no adverse comments on the proposal.

III. Final Action

    In accordance with Wisconsin's July 28, 2021, request, EPA is 
redesignating the Rhinelander nonattainment area from nonattainment to 
attainment of the 2010 SO2 NAAQS. EPA finds that Wisconsin 
has demonstrated that the area is attaining the 2010 SO2 
NAAQS and that the improvement in air quality is due to permanent and 
enforceable SO2 emission reductions in the area. EPA is also 
approving Wisconsin's maintenance plan, which is designed to ensure 
that the area will continue to maintain the SO2 NAAQS.
    In accordance with 5 U.S.C. 553(d) of the Administrative Procedure 
Act (APA), EPA finds there is good cause for this action to become 
effective immediately upon publication. The immediate effective date 
for this action is authorized under both 5 U.S.C. 553(d)(1).
    Section 553(d)(1) of the APA provides that final rules shall not 
become effective until 30 days after publication in the Federal 
Register ``except . . . a substantive rule which grants or recognizes 
an exemption or relieves a restriction.'' The purpose of this provision 
is to ``give affected parties a reasonable time to adjust their 
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed. 
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United 
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting 
legislative history). However, when the agency grants or recognizes an 
exemption or relieves a restriction, affected parties do not need a 
reasonable time to adjust because the effect is not adverse. EPA has 
determined that this rule relieves a restriction because this rule 
relieves sources in the area of Nonattainment New Source Review (NNSR) 
permitting requirements; instead, upon the effective date of this 
action, sources will be subject to less restrictive Prevention of 
Significant Deterioration (PSD) permitting requirements. For this 
reason, EPA finds good cause under 5 U.S.C. 553(d)(1) for this action 
to become effective on the date of publication of this action.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a state implementation plan (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

[[Page 1687]]

     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 March 14, 2022. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: January 5, 2022.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 81 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 52.2575 is amended by removing paragraph (b) introductory 
text and adding paragraph (c) to read as follows:


Sec.  52.2575  Control strategy: Sulfur dioxide.

* * * * *
    (c) Approval-On July 28, 2021, Wisconsin submitted a request to 
redesignate the Rhinelander area, which consists of a portion of Oneida 
County (Crescent Township, Newbold Township, Pine Lake Township, 
Pelican Township, and the City of Rhinelander), to attainment of the 
2010 primary 1-hour sulfur dioxide standard. As part of the 
redesignation request, the State submitted a maintenance plan as 
required by section 175A of the Clean Air Act (CAA). Elements of the 
section 175 maintenance plan include a contingency plan and an 
obligation to submit a subsequent maintenance plan revision in eight 
years as required by the CAA.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.


0
4. Section 81.350 is amended by revising the entry for ``Rhinelander, 
WI'' in the table entitled ``Wisconsin-2010 Sulfur Dioxide NAAQS 
[Primary]'' to read as follows:


Sec.  81.350  Wisconsin.

* * * * *

                                      Wisconsin--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
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                                                                            Designation
               Designated area \1\               ---------------------------------------------------------------
                                                               Date \2\                          Type
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                                                  * * * * * * *
Rhinelander, WI.................................  January 12, 2022.................  Attainment.
    Oneida County (part)
        City of Rhinelander, Crescent Town,
         Newbold Town, Pine Lake Town, and
         Pelican Town.
 
                                                  * * * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.

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[FR Doc. 2022-00347 Filed 1-11-22; 8:45 am]
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