[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Rules and Regulations]
[Pages 6632-6633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01990]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0370; FRL-9950-02-R5]


Air Plan Approval; Wisconsin; 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 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: This final rule is effective on March 3, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2022-0370. 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 Charles 
Hatten, Environmental Engineer, at (312) 886-6031 before visiting the 
Region 5 office.

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.

I. What is being addressed in this document?

    This rule approves Wisconsin's April 8, 2022, submission to update 
chapter NR 404 of Wisconsin's ambient air quality rule to incorporate 
the 2015 primary and secondary ozone national ambient air quality 
standards (NAAQS) and the chapter NR 484 incorporation by reference 
rule with the monitoring requirements related to the NAAQS to make 
Wisconsin's rules consistent with the Federal rules in the Wisconsin 
SIP. In addition, WDNR revised sections of chapters NR 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 Federal ozone NAAQS in areas currently or 
formerly designated as nonattainment for any ozone standard, in a 
manner consistent with CAA requirements. An explanation of the CAA 
requirements, a detailed analysis of the revisions, and EPA's reasons 
for approval are provided in EPA's notice of proposed rulemaking 
(NPRM), dated August 16, 2022 (87 FR 50280), and will not be restated 
here.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period in the NPRM. The 
comment period ended on September 15, 2022. We received no comments on 
the proposed rule.

III. What action is EPA taking?

    EPA is approving the revision to chapters NR 404, 407, 408, 428, 
and 484, as submitted on April 8, 2022, into the Wisconsin SIP. 
Specifically, EPA is approving NR 404.04(5)(d) and (Note), NR 
407.02(4)(c)1. and Note, NR 408.02(24)(c), NR 408.02(32)(a)6., NR 
428.20, NR 428.21(3), NR 428.255 and NR 484.04 Table 2(7s), as 
published in the Wisconsin Register #794, effective March 1, 2022.

IV. 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 discussed in Section I and listed in Section III of this 
preamble and set forth 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).

V. 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:

[[Page 6633]]

     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 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).
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 April 3, 2023. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements.

    Dated: January 26, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, 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 adding paragraph (c)(146) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (146) On April 8, 2022, the Wisconsin Department of Natural 
Resources (WDNR) submitted a State Implementation Plan (SIP) revision 
request. WDNR updated 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 also revised 
sections of chapters NR 407 (Operation permits), 408 (Construction 
permits for direct major sources in nonattainment areas) and 428 
(Control of Nitrogen Compounds) to ensure implementation of the ozone 
NAAQS in a manner consistent with Federal regulations.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference:
    (A) NR 404 Ambient Air Quality Standards. NR 404.04(5)(d) and Note, 
as published in the Wisconsin Register, February 2022 No. 794, 
effective March 1, 2022.
    (B) NR 407 Operation permits. NR 407.02(4)(c)1. and Note, as 
published in the Wisconsin Register, February 2022 No. 794, effective 
March 1, 2022.
    (C) NR 408 Construction permits for direct major sources in 
nonattainment areas. NR 408.02(24)(c) and Note and (32)(a)6., as 
published in the Wisconsin Register, February 2022 No. 794, effective 
March 1, 2022.
    (D) NR 428 Control of Nitrogen Compounds. NR 428.20, NR 428.21(3) 
and NR 428.255, as published in the Wisconsin Register, February 2022 
No. 794, effective March 1, 2022.
    (E) NR 484 Incorporation by reference. NR 484.04 Table 2(7s), as 
published in the Wisconsin Register, February 2022 No. 794, effective 
March 1, 2022.
    (ii) [Reserved]

[FR Doc. 2023-01990 Filed 1-31-23; 8:45 am]
BILLING CODE 6560-50-P