[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Rules and Regulations]
[Pages 10466-10468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03493]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0784; FRL-9965-02-R5]


Air Plan Approval; Wisconsin; Definition of Chemical Process 
Plants Under State PSD Regulations and Operating Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA)is approving 
revisions to the State Implementation Plan (SIP) for Wisconsin and 
revisions to the title V Operating Permit Program for Wisconsin. The 
revisions incorporate changes to the definition of ``chemical process 
plants'' under Wisconsin's Prevention of Significant Deterioration 
(PSD) and title V Operating Permit Programs. The changes to the state 
rules are consistent with EPA regulations governing state PSD and title 
V programs and will not interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171 of the Clean Air Act (CAA)), or any other applicable 
requirement of the CAA. EPA proposed to approve this action on December 
1, 2022, and received no adverse comments.

DATES: This final rule is effective on March 23, 2023.

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 Rachel 
Rineheart, Environmental Engineer, at (312) 886-7017 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Rachel Rineheart, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7017, [email protected].

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

I. Background Information

    On December 1, 2022 (87 FR 73706), EPA proposed to approve 
revisions excluding ethanol production facilities that produce ethanol 
by natural fermentation from the chemical process plant source category 
in Wisconsin's PSD rules at NR 405 and in Wisconsin's title V operating 
permit program at NR 407. An explanation of the 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. The public comment period for this proposed rule 
ended on January 3, 2023. EPA received no comments on the proposal.

II. Final Action

    EPA is approving revisions to the Wisconsin SIP in 40 CFR 52.2570. 
EPA is also approving revisions to the Wisconsin title V Operating 
Permit Program in 40 CFR part 70 appendix A. Specifically, EPA is 
approving NR 405.02(22)(a)(1) and NR 405.07(4)(a)(20), as published in 
the Wisconsin Register #631 on July 31, 2008, effective August 1, 2008, 
into the Wisconsin SIP. The revisions that EPA is approving change the 
definition of

[[Page 10467]]

``major stationary source.'' EPA is not taking action on similar 
changes related to Nonattainment New Source Review in this action. This 
action approves changes to the state regulations that establish that 
the PSD applicability threshold for certain ethanol plants is 250 tons 
per year (tpy) and remove the requirement to include fugitive emissions 
when determining if an ethanol plant is subject to major source 
requirements under PSD and the title V Operating Permit Program. EPA 
has determined that these revisions are consistent with EPA's PSD and 
title V regulations and that approval of these revisions is consistent 
with the requirements of CAA section 110(l) and will not adversely 
impact air quality.

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 discussed in section II. of this preamble and set forth in 
the amendments to 40 CFR part 52 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 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 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 24, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.


    Dated: February 14, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, 40 CFR parts 52 and 70 are 
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)(147) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (147) On September 30, 2008, WDNR submitted a request to revise 
portions of its Prevention of Significant Deterioration Program. These 
changes establish that the major source threshold for certain ethanol 
plants is 250 tpy and remove the requirement to include fugitive 
emissions when determining if an ethanol plant is subject to major 
source requirements under the Prevention of Significant Deterioration 
Program.
    (i) Incorporation by reference. Wisconsin Administrative Code, NR 
405 Prevention of Significant Deterioration. NR 405.02(22)(a)(1); NR 
405.07(4)(a)(20), as published in the Wisconsin Register, July 2008, 
No. 631, effective August 1, 2008.
    (ii) [Reserved]
* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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


0
4. In appendix A to part 70 the entry for ``Wisconsin'' is amended by 
adding paragraph (e) to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Wisconsin

* * * * *
    (e) Department of Natural Resources: Title V operating permit 
program revisions and updates received on September 30, 2008.

[[Page 10468]]

Wisconsin's Title V program is hereby updated to include these 
requested changes.
* * * * *
[FR Doc. 2023-03493 Filed 2-17-23; 8:45 am]
BILLING CODE 6560-50-P