[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Rules and Regulations]
[Pages 11957-11959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04071]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0504; FRL-9202-02-R5]


Air Plan Approval; Wisconsin; Permit Streamlining Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing an 
approval of revisions to the Wisconsin State Implementation Plan (SIP). 
These changes include defining and removing terms, creating a more 
streamlined process for permit applications and reports submitted 
electronically, and clarifying rules to create a more efficient permit 
issuance process. Approving this revision also makes Wisconsin rules 
consistent with Federal rules.

DATES: This final rule is effective on April 4, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2020-0504. 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 Susan Kraj, 
Environmental Engineer, at (312) 353-2654 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Susan Kraj, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312)353-2654, [email protected].

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

I. Background

    This final rule addresses the April 6, 2021, SIP revisions 
submitted by the Wisconsin Department of Natural Resources (WDNR). This 
submittal includes revisions to the definitions in Chapter NR 400, to 
the minor construction permit program in Chapter NR 406, and to the 
operating permit program in Chapter NR 407. Specifically, Wisconsin is 
requesting to repeal NR 406.03(1e)(a), (b), and (j), NR 406.04(1f)(c) 
and (Note), NR 407.02(6)(a)3.(Note), NR 407.11(1)(e) and (3)(c), and NR 
407.12(1)(b)(Note) and (e); and to amend and create NR 400.02(130), 
(136m), (136r), and (162), NR 406.02(6), NR 406.03(1e), (1m), and 
(2)(b), NR 406.04(1)(a)4m., (bm), (i), (m), (zg), (1f), (1k), (1q), 
(2)(h), (4)(a), (b), (e)3., (h), (j), and (7), NR 406.17(3)(d), NR 
407.03(1)(intro.), (a), (bm), (1m), (2)(ba), (f) and (g), NR 407.05(2) 
and (6), NR 407.105(3)(b), and NR 407.15(5).
    On December 6, 2021, EPA published a notice of proposed rulemaking 
(NPRM) proposing approval of Wisconsin's April 6, 2021, submittal (86 
FR 68954). The specific details of these SIP revisions and the 
rationale for EPA's proposed approval are discussed in the NPRM and 
will not be restated here. The NPRM provided a 30-day public comment 
period which ended on January 5, 2022.
    No comments were received on the proposed rule during the public 
comment process.

II. What action is EPA taking?

    For the reasons set forth in the proposed rulemaking, EPA is 
approving the requested revisions to Wisconsin's SIP as submitted on 
April 6, 2021. These revisions were included in the certified Board 
Order AM-24-12b and published in the Wisconsin Administrative Register 
#777 on September 28, 2020.

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).
    Also in this document, as described in the proposed amendments to 
40 CFR

[[Page 11958]]

part 52 set forth below, EPA is proposing to remove provisions of the 
EPA-Approved Wisconsin Regulations from the Wisconsin SIP, which is 
incorporated by reference in accordance with the requirements of 1 CFR 
part 51.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act (Act), the Administrator is required to 
approve a SIP submission that complies with the provisions of the 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 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 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 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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 2, 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 in 40 CFR Part 52

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

    Dated: February 22, 2022.
Debra Shore,
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:
0
a. Revising paragraphs (c)(76)(i)(A) and adding (c)(76)(i)(B);
0
b. Revising (c)(120)(i)(B); and
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c. Adding paragraph (c)(145).
    The additions and revisions read as follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (76) * * *
    (i) * * *
    (A) NR 407--Wisconsin Administrative Code, Operating Permits, 
Effective date January 1, 1994. Sections NR 407.11(3)(c) and NR 
407.12(1)(b)(Note) were rescinded in 2020 and are removed without 
replacement; see paragraph (c)(145) of this section.
    (B) [Reserved].
* * * * *
    (120) * * *
    (i) * * *
    (B) NR 406.04 Direct sources exempt from construction permit 
requirements. NR 406.04(1f) and NR 406.04(1k), as published in the 
Wisconsin Administrative Register, June 30, 2007, No. 618, effective 
July 1, 2007. Sections NR 406.04(1f)(c) and (Note) were rescinded in 
2020 and are removed without replacement; see paragraph (c)(145) of 
this section.
* * * * *
    (145) On April 6, 2021, WDNR submitted a request to revise portions 
of its Air Pollution Control Definitions, Minor Construction Permit 
Program, and Operating Permit Program. The changes include defining and 
removing terms, creating a more streamlined process for permit 
applications and reports submitted electronically, and clarifying rules 
to create a more efficient permit issuance process. WDNR submitted 
revisions to its rules NR 400, NR 406 and NR 407 of the Wisconsin 
Administrative Code.
    (i) Incorporation by reference. (A) Wisconsin Administrative Code, 
NR 400 Air Pollution Control Definitions. NR 400.02(130); NR 
400.02(136m), (136r), (162), as published in the Wisconsin Register, 
September 2020, No. 777, effective October 1, 2020.
    (B) Wisconsin Administrative Code, NR 406 Construction Permits. NR 
406.02(6); NR 406.03(1e), (1m), and (2)(b); NR 406.04(1)(a)4m., (bm), 
(i), (m)), (zg), (1f), (1k), (1q), (2)(h), (4)(a), (b), (e), (h), (j), 
and (7); NR 406.17(3)(d), as published in the Wisconsin Register, 
September 2020, No. 777, effective October 1, 2020.
    (C) Wisconsin Administrative Code, NR 407 Operation Permits. NR 
407.03(1)(intro.), (a), (bm), (1m), (2)(ba), (f) and (g); NR 407.05(2) 
and (6); NR 407.105(3)(b); and NR 407.15(5), as published in the 
Wisconsin Register,

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September 2020, No. 777, effective October 1, 2020.
    (ii) [Reserved].

[FR Doc. 2022-04071 Filed 3-2-22; 8:45 am]
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