[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Proposed Rules]
[Pages 50280-50282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17517]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0370; FRL-9950-01-R5]
Air Plan Approval; Wisconsin; 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve rules submitted by the Wisconsin Department of Natural
Resources (WDNR) as a revision to its State Implementation Plan (SIP).
The submitted rules incorporate the 2015 primary and secondary National
Ambient Air Quality Standards (NAAQS) for ozone. In addition, WDNR
included several updates to ensure implementation of the ozone NAAQS,
in areas currently or formerly designated as nonattainment for any
ozone standard, in a manner consistent with Clean Air Act (CAA)
requirements.
DATES: Comments must be received on or before September 15, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0370 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, [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. This supplementary information
section is arranged as follows:
I. When and why did the State make this submittal?
II. What are the State rule revisions?
III. What is EPA's analysis of the revisions?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. When and why did the State make this submittal?
Section 109 of the CAA requires EPA to establish national primary
(protective of human health) and secondary (protective of human
welfare) air quality standards for pollutants for which air quality
criteria have been issued under section 108 of the CAA (the criteria
pollutants \1\). Section 109(d)(1) of the CAA requires EPA to review,
and if necessary, based on accumulated health and welfare data, to
revise each NAAQS every five years. If a NAAQS is revised, states whose
rules include state air quality standards may revise their rules to
address the revised NAAQS and associated monitoring requirements, and
submit them to EPA as SIP revision requests. See, e.g., 415 ILCS 5/
10(H).
---------------------------------------------------------------------------
\1\ The criteria pollutants are ozone (O3), nitrogen
oxides (represented by nitrogen dioxide (NO2)), sulfur
oxides (represented by sulfur dioxide (SO2)), carbon
monoxide (CO), particulate matter (represented by total suspended
particulates (TSP), particulates (PM10), and fine
particulates (PM2.5)), and lead (Pb).
---------------------------------------------------------------------------
On October 26, 2015 (80 FR 65291), EPA revised the primary and
secondary ozone NAAQS from 0.075 to 0.070 parts per million (ppm),
daily maximum 8-hour concentration, codified at 40 CFR 50.19. The ozone
NAAQS continues to use an 8-hour averaging time, calculated as the
fourth-highest daily maximum averaged across three consecutive years.
EPA also revised the monitoring requirements for ozone, which are
codified at 40 CFR part 50.
As part of the implementation rule for the 2015 standard, EPA did
not address any revocation of the 2008 ozone NAAQS. Thus, currently
there are two ozone NAAQS in effect and being implemented: the 2015
ozone NAAQS and the 2008 ozone NAAQS. Several elements of this rule
will apply to areas currently or formerly designated as nonattainment
for any ozone standard, including these two ozone NAAQS.
On April 8, 2022, WDNR submitted rules to update chapters NR 404
and 484 of Wisconsin's ambient air quality rule to include the 2015
primary and secondary NAAQS for ozone and its incorporation by
reference rule to add EPA-promulgated monitoring requirements related
to the NAAQS. WDNR revised sections of chapters NR
[[Page 50281]]
407 (Operation permits), 408 (Construction permits for direct major
sources in nonattainment areas) and 428 (nitrogen oxides
(NOX) reasonably available control technologies (RACT)) to
ensure implementation of the ozone NAAQS in a manner consistent with
Federal regulations. As there are currently two ozone NAAQS in effect,
the revisions to NR 407, NR 408, and NR 428 clarify which major source
emissions thresholds apply in areas subject to more than one ozone
nonattainment classifications.
WDNR provided opportunities to comment on the rule during the
public comment period from March 1, 2021, through April 15, 2021, and
at a public hearing held on April 8, 2021, in accordance with chapter
227 of the Wisconsin Statutes and 40 CFR 51.102. No comments were
received.
II. What are the State rule revisions?
Chapter NR 404--Ambient Air Quality and NR 484--Incorporation by
Reference Rules
WDNR updated and amended its ambient air quality rule in chapter NR
404 by adding both the primary and secondary ozone standards for ozone
to be consistent with EPA's 2015 NAAQS and codified that revision into
section NR 404.04(5)(c). Also, WDNR revised its incorporation by
reference rule in chapter NR 484 to add a reference to the monitoring
requirements at 40 CFR part 50, appendix U, Interpretation of the
National Ambient Air Quality Standards for Ozone, and codified that
revision into NR 484.04, Table 2, row 7(s) relating to the
incorporation of the 2015 NAAQS for ozone.
Chapter NR 407--Operation Permits and Chapter NR 408--Construction
Permits for Direct Major Sources in Nonattainment Areas
NR 407 applies to all stationary sources required to obtain an
operation permit. A ``major source'' is a stationary source whose
emissions exceed a specified threshold. Major source thresholds are
defined in part D of title I of the CAA (42 U.S.C. 7501 to 7515) based
on an area's ozone nonattainment classifications (100 tons per year
(tpy) in areas classified as ``moderate,'' 50 tpy in areas classified
as ``serious,'' 25 tpy in areas classified as ``severe,'' and 10 tpy in
areas classified as ``extreme'' nonattainment). This definition is
currently incorporated in Wisconsin's rule at subsection NR
407.02(4)(c)(1)(a).
WDNR is updating the definition of major stationary source at NR
407.20(4)(c) to clarify which major source emissions threshold applies
in an area classified as nonattainment for more than one NAAQS. WDNR
revised NR 407.20(4)(c) by adding subsection (1)(b). NR
407.20(4)(c)(1)(b) explains that the classification with the lowest
emission threshold under subsection NR 407.02(4)(c)(1)(a) determines
the major source threshold in an area classified as nonattainment for
more than one ozone NAAQS, until the area is redesignated to attainment
for a current standard or a redesignation substitute for a revoked
standard has been approved by the EPA for the standard with the lowest
emission threshold.
Chapter NR 408--Construction Permits for Direct Major Sources in
Nonattainment Areas
NR 408 applies to all new major sources and all major modifications
located in areas designated as ozone nonattainment by EPA. A ``major
modification'' refers to a modification project, including construction
of new emission units and modification of existing units, at an
existing source that results in the source's potential to emit
exceeding the CAA-specified major source threshold. New major sources
and major modifications are subject to nonattainment New Source Review
permitting requirements. As such, WDNR updated its definition of
``nonattainment'' at subsection NR 408.02(24) to identify which major
source or major modification emissions thresholds apply in an area
classified nonattainment for more than one NAAQS.
WDNR is revising subsection NR 408.02(24) by adding subsection (c).
As subsection NR 408.02(24)(c) explains, the classification with the
lowest emission threshold under section NR 407.02 (4)(c)(1)(a)
determines the major source or major modification threshold in an area
classified as nonattainment for more than one ozone NAAQS, until the
area is redesignated to attainment for a current standard or a
redesignation substitute for a revoked standard has been approved by
the EPA for the standard with the lowest emission threshold.
WDNR also makes a minor change to update the definition of
``significant'' at subsection NR 408.02(32)(a) to correct an oversight
to include NOX as an ozone precursor. WDNR amended
subsection NR 408.02(32)(a)(6) by adding emissions of NOX in
reference to determination of a significant net emissions increase or
the potential of a source to emit that would equal or exceed a
pollutant rate of 40 tpy of NOX.
Chapter NR 428--Control of Nitrogen Compounds
In subchapter IV of NR 428, to meet the requirements of sections
172(c) and 182 (f) of the CAA, section NR 428.20 includes
NOX RACT standards for NOX emission units in
areas that are classified moderate nonattainment for ozone. Currently,
in subsection NR 428.20(a)(1)(a), NOX RACT requirements
apply to sources with maximum theoretical NOX emissions
equal to or greater than 100 tpy in Kenosha, Milwaukee, Ozaukee,
Racine, Sheboygan, Washington, or Waukesha Counties that are or had
been previously classified as ``moderate'' ozone nonattainment areas.
WDNR is updating the NOX RACT requirements to expand its
applicability to any area that is classified as moderate and above for
ozone nonattainment to be consistent with section 182 of the CAA. WDNR
revised the applicability of NOX RACT requirements at
subsection NR 428.20(1)(a) by adding subsection (2). Subsection NR
428.20(1)(a)(2) includes all the major source emissions thresholds
associated with current (and former) ozone nonattainment classification
of the area (i.e., 100 tpy in areas classified as ``moderate,'' 50 tpy
in areas classified as ``serious,'' 25 tpy in areas classified as
``severe,'' and 10 tpy in areas classified as ``extreme''
nonattainment). Thus, the revision to the NOX RACT
applicability threshold provisions in NR 428 will include other
counties that may be classified as moderate in the future or for
counties whose ozone nonattainment classifications may be changed from
moderate to a more stringent classification and, as a result, have
major source thresholds below 100 tpy under the CAA.
In addition, WDNR updated the NOX RACT requirements to
clarify which emissions threshold is applicable to the same area due to
different ozone standards or a change in nonattainment classification.
WDNR amended section NR 428 by adding subsection 428.20(1)(a)(3)(b),
which explains that if more than one emission threshold is applicable
to the same area due to different ozone standards or a change in
nonattainment classification, the lowest applicable emission threshold
applies. To ensure implementation of the ozone NAAQS under
NOX RACT, WDNR amended NR 428.20 by adding subsection NR
428.20(1)(a)(3)(c), which states, ``The requirements of this subchapter
remain applicable to each affected unit regardless of any subsequent
decrease in maximum theoretical emissions of NOX at the
[[Page 50282]]
source to a level below the applicable emission thresholds.''
Subsection NR 428.21(3), ``Other Regulated Units,'' provides an
exemption for certain NOX emission units. WDNR amended NR
428.21(3), to ensure that the existing 75 tpy exemption threshold
continues to apply in areas with a 100 tpy major source emission
threshold, by adding subsections NR 428.21(3)(b) and (c). The changes
clarify that the exemption applies--if the emissions unit is located in
a facility subject to the applicability thresholds specified under
section NR 428.20 (1)(a)1, 2(a), or 3(a), and if the emission unit is
subject to and meeting an emission limitation in Wisconsin's SIP under
section NR 428.04(2) or NR 428.05(3).
Last, WDNR updated NR 428 to create a section that describes the
compliance schedule for a facility that has NOX emission
units affected by the updated NOX RACT thresholds in NR
428.20, by adding subsection NR 428.255 to include information on
compliance schedules. The changes to NR 428 will only have the
potential to impact sources whose emissions exceed the NOX
RACT major source applicability.
III. What is EPA's analysis of the revisions?
CAA Section 110(l) prohibits EPA from approving a SIP revision if
that revision would interfere with any applicable requirement
concerning attainment, reasonable further progress, or any other CAA
requirement. EPA concurs with WDNR's 110(l) analysis that the revision
to Wisconsin's rules does not interfere with any applicable requirement
concerning attainment or any other applicable requirement of the CAA.
The revisions to rules NR 404, NR 407, NR 408, NR 428, and NR 484 have
no impact on emissions, ensures implementation of the ozone NAAQS in
areas designated nonattainment and are consistent with the requirements
of the CAA.
IV. What action is EPA taking?
EPA is proposing to approve revisions to chapters NR 404, 407, 408,
428, and 484, as submitted on April 8, 2022, into the Wisconsin SIP.
The revision to chapters NR 404 and 484 update Wisconsin's ambient air
quality rule to incorporate the 2015 ozone NAAQS and the incorporation
by reference rule with the monitoring requirements related to the NAAQS
make Wisconsin's rules consistent with the Federal regulations.
Additionally, the clarifications and updates to sections of chapters NR
407, 408 and 428, ensure implementation of the ozone NAAQS in areas
designated nonattainment and are consistent with the CAA.
V. Incorporation by Reference
In this proposed 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 revisions to Wisconsin Administrative Code
rules NR 404, NR 407, NR 408, NR 428, and NR 484 as published in the
Wisconsin Register #794 on February 28, 2022, effective March 1, 2022,
discussed in section II of this preamble. 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 CAA, the Administrator is required to approve a 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
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 proposed 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
Dated: August 9, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022-17517 Filed 8-15-22; 8:45 am]
BILLING CODE 6560-50-P