[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Rules and Regulations]
[Pages 47375-47377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15291]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0529; EPA-R05-OAR-2022-0685; FRL-10638-02-R5]


Air Plan Approval; Wisconsin; Emissions Reporting and 
Infrastructure SIP Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Wisconsin state implementation plan (SIP) revising air 
emissions reporting requirements codified in Chapter 438 of the 
Wisconsin Administrative Code (Wis. Admin. Code). Additionally, EPA is 
approving a related infrastructure requirement under section 110 of the 
Clean Air Act (CAA) for the 2012 fine particulate matter 
(PM2.5) and 2015 ozone National Ambient Air Quality 
Standards (NAAQS). The infrastructure requirements are designed to 
ensure that the structural components of each

[[Page 47376]]

state's air quality management program are adequate to meet the state's 
responsibilities under the CAA. EPA proposed to approve this action on 
March 23, 2023, and received no adverse comments.

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

ADDRESSES: EPA has established dockets for this action under Docket ID 
No. EPA-R05-OAR-2015-0529 and EPA-R05-OAR-2022-0685. 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 Olivia Davidson, Environmental Scientist, at (312) 
886-0266 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Olivia Davidson, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch 
(AR18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-0266, 
[email protected].

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

I. Background Information

    On March 23, 2023 (88 FR 17486), EPA proposed to approve revisions 
to the Wisconsin Department of Natural Resources' (WDNR) air emissions 
reporting rules contained in Chapter 438 of the Wis. Admin. Code 
satisfying CAA section 110(a)(2)(F) otherwise known as ``element F'' 
for the 2012 PM2.5 and 2015 ozone NAAQS. WDNR submitted 
Board Order AM-31-19 (Rule AM-31-19) to EPA on August 3, 2022. The 
submission addresses the identified reporting requirement deficiencies 
in NR 438 Wis. Admin. Code and updates administrative language in NR 
400.03 and NR 484.06(4) Wis. Admin. Code. EPA is incorporating these 
revisions by reference into the Wisconsin SIP. 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 (NPRM) and will not be restated here. The public comment 
period for this proposed rule ended on April 24, 2023.
    During the comment period, EPA received five comments. We do not 
consider these comments to be germane or relevant to this action and 
therefore not adverse to this action. The comments lack the required 
specificity to the proposed SIP revision and the relevant requirements 
of CAA section 110. Moreover, none of the comments address a specific 
regulation or provision in question or recommend a different action on 
the SIP submission from what EPA proposed. Therefore, we are finalizing 
our action as proposed.

II. Final Action

    EPA is approving WDNR's request to incorporate by reference the 
revisions to NR 400.03, NR 438, and NR 484.06(4) contained in Rule AM-
31-19 into Wisconsin's SIP in order to update the emission reporting 
requirements. Specifically, EPA is approving NR 400.03(4)(jp), NR 438 
except for 438.03(am)2., and NR 484.06(4) Table 4D Row (a), as 
published in the Wisconsin Register July 2022 No. 799, effective August 
1, 2022. Further, EPA is approving CAA section 110(a)(2)(F) of 
Wisconsin's infrastructure SIP submission for the 2012 PM2.5 
and 2015 ozone NAAQS, based on the updated rule submission. Approving 
this element will lead to full approval of Wisconsin's 2012 
PM2.5 infrastructure SIP.

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 sections I and 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines

[[Page 47377]]

environmental justice (EJ) as ``the fair treatment and meaningful 
involvement of all people regardless of race, color, national origin, 
or income with respect to the development, implementation, and 
enforcement of environmental laws, regulations, and policies.'' EPA 
further defines the term fair treatment to mean that ``no group of 
people should bear a disproportionate burden of environmental harms and 
risks, including those resulting from the negative environmental 
consequences of industrial, governmental, and commercial operations or 
programs and policies.''
    The WDNR did not evaluate environmental justice considerations as 
part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. EPA did 
not perform an EJ analysis and did not consider EJ in this action. Due 
to the nature of the action being taken here, this action is expected 
to have a neutral to positive impact on the air quality of the affected 
area. Consideration of EJ is not required as part of this action, and 
there is no information in the record inconsistent with the stated goal 
of E.O. 12898 of achieving environmental justice for people of color, 
low-income populations, and Indigenous peoples.
    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 September 22, 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, Ozone, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: July 13, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 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)(149) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (149) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on August 3, 
2022, revising Wisconsin's air emission reporting requirements of NR 
438 Wisconsin Administrative Code to include reporting requirements for 
PM2.5, and updates to administrative language in NR 400.03 
and NR 484.06(4) Wisconsin Administrative Code.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 400.03(4)(jp), as published in the Wisconsin Register, July 
2022 No. 799, effective August 1, 2022.
    (B) NR 438, except for 438.03(am)2., as published in the Wisconsin 
Register, July 2022 No. 799, effective August 1, 2022.
    (C) NR 484.06(4) Table 4D Row (a), as published in the Wisconsin 
Register, July 2022 No. 799, effective August 1, 2022.
    (ii) [Reserved]

0
3. Section 52.2591 is amended by revising paragraph (h) and adding 
paragraph (i) to read as follows:


Sec.  52.2591  Section 110(a)(2) infrastructure requirements.

* * * * *
    (h) Approval. In a July 13, 2015, submission, supplemented August 
8, 2016, and August 3, 2022, WDNR certified that the State has 
satisfied the infrastructure SIP requirements of section 110(a)(2)(A) 
through (H), and (J) through (M) for the 2012 PM2.5 NAAQS.
    (i) Approval. In an August 3, 2022, submission, WDNR certified that 
the State has satisfied the infrastructure SIP requirements of section 
110(a)(2)(F) for the 2015 ozone NAAQS.
* * * * *
[FR Doc. 2023-15291 Filed 7-21-23; 8:45 am]
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