[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Proposed Rules]
[Pages 42829-42832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10539]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2023-0540; FRL-11835-01-R5]


Air Plan Approval; Wisconsin; SIP Alignment Revision

AGENCY: Environmental Protection Agency (EPA).

[[Page 42830]]


ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve an October 27, 2023, submittal from the Wisconsin Department of 
Natural Resources (WDNR) to align provisions approved in the Wisconsin 
State Implementation Plan (SIP) with current Wisconsin administrative 
rules and statutes. WDNR requested that certain provisions previously 
approved into the Wisconsin SIP under now obsolete numbering schemes be 
renumbered to ensure citations in the Wisconsin SIP reflect the current 
numbering systems of the Wisconsin Administrative Code (WAC) and the 
Wisconsin Statutes (Wis. Stats.). WDNR also requested that EPA approve 
rule and statute provisions that have been revised since they were 
approved into the Wisconsin SIP. Finally, WDNR requested removal of 
rules and statutes from the Wisconsin SIP that are no longer in effect 
in Wisconsin. Approval of these changes in the Wisconsin SIP will not 
impact the state's air quality or ability to meet Clean Air Act (CAA) 
requirements.

DATES: Comments must be received on or before June 17, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2023-0540 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: Christos Panos, Attainment Planning 
and Maintenance Section, Air Programs Branch (AR18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-8328, [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. Background

    Wisconsin's air pollution control rules were officially submitted 
for SIP approval on January 14, 1972, and approved into the SIP on May 
31, 1972 (37 FR 10902), under Natural Resources (NR) chapter 154 of the 
Wisconsin Administrative Code (WAC). On October 1, 1986 (Wisconsin 
Register No. 369, September 1986), the air pollution control rules were 
renumbered from the NR 154 series to the NR 400 series. In addition, on 
May 1, 1995 (Wisconsin Register No. 472, April 1995), the air pollution 
control rules underwent a subsequent renumbering process within the NR 
400 series. This has resulted with the Wisconsin SIP consisting of 
rules approved using the previous NR 154 citations, some NR 400 series 
rules prior to being renumbered on May 1, 1995, and NR 400 series rules 
under the current numbering system. The SIP revision submitted by WDNR 
on October 27, 2023, requests that the previous SIP rules approved 
under the obsolete numbering systems are renumbered to ensure that all 
the rules in the Wisconsin SIP are aligned with the WAC's current NR 
400 numbering system.
    Similarly, Wisconsin Statutes addressing air pollution were 
originally submitted and approved into the Wisconsin SIP under Wis. 
Stats. chapter 144. The Wisconsin Statutes also underwent a renumbering 
under 1995 Wisconsin Act 227, where the air pollution statutes were 
moved from Wis. Stats. chapter 144 to Wis. Stats. chapter 285. This has 
resulted with the Wisconsin SIP consisting of Wisconsin air pollution 
statutes approved under both Wis. Stats. chapter 144 and Wis. Stats. 
chapter 285. The SIP revision submitted by WDNR on October 27, 2023, 
requests that the previously SIP statutes approved under Wis. Stats. 
chapter 144 are renumbered to ensure that all the rules in the 
Wisconsin SIP are aligned with the current numbering system under Wis. 
Stats. chapter 285.
    Further, there are some instances where rule and statute language 
was revised and some provisions were not retained by Wisconsin as part 
of, or after, the renumbering processes. The October 27, 2023, SIP 
revision also requests that EPA approve revised rule or statute 
language into the Wisconsin SIP to replace the provisions' former 
citations and language and to remove some provisions from the Wisconsin 
SIP that are no longer in effect in Wisconsin.

II. Review of the Wisconsin Alignment SIP Submittal

    As previously stated, the purpose of this SIP revision is to revise 
the current SIP approved Wisconsin administrative rules and statute 
provisions so that they are consistent with the current version of the 
Wisconsin rules and statutes. This will provide clarity to regulators, 
sources, and the public as to what has been approved into the Wisconsin 
SIP. To accomplish this WDNR requested that EPA revise the SIP by (1) 
replacing rules and statutes citations that were revised as part of, or 
after, the renumbering processes, and (2) approving provisions that 
were simply updated, but not renumbered, with the most current version 
of these rule or statute provisions. WDNR also requested that EPA 
remove certain provisions from the Wisconsin SIP that are no longer in 
effect in Wisconsin. These provisions were either repealed at the state 
level via rulemaking action, or were not retained in the WAC or Wis. 
Stats. during the renumbering processes. The following list identifies 
the most recent version of the state rules and statutes that contain 
all of the requested revisions:
     Chapters 15, 110, 285 and 299, Updated 21-22 Wis. Stats., 
published October 4, 2023;
     NR 400 Register July 2022 No. 799, effective August 1, 
2022;
     NR 415 Register April 2023 No. 808, effective May 1, 2023;
     NR 417 Register November 1999 No. 526, effective November 
1, 1999;
     NR 431 Register November 2003 No. 574, effective November 
1, 2003;
     NR 436 Register November 1999 No. 526, effective November 
1, 1999;
     NR 445 Register March 2016 No. 723, effective April 1, 
2016;
     NR 447 Register June 2004 No. 582, effective July 1, 2004;
     NR 492 Register April 2013 No. 688, effective May 1, 2013;
     NR 493 Register November 1999 No. 527, effective December 
1, 1999;
     Chapter Trans 131 Register July 2023 No. 811, effective 
August 1, 2023.

[[Page 42831]]

    WDNR's request was organized as follows: (1) Section 2 requests 
renumbering of current SIP-approved rules and statutes; (2) Section 3 
requests approval of rules and statutes that were modified following 
initial EPA approval; and (3) Section 4 requests removal of provisions 
from the Wisconsin SIP that are no longer in effect.

Section 2. Renumbering Request: Update Citations in the SIP

    This section of the WDNR submittal identifies citations that were 
previously approved into the SIP under now obsolete numbering schemes. 
These citations have not undergone any language revisions since they 
were approved into the Wisconsin SIP, making this primarily an 
administrative action to update the citation numbers. Table 1 of the 
submittal contains NR 154 provisions that were approved into the SIP 
prior to the October 1986. Table 2 contains NR 400 provisions that were 
approved into the SIP between October 1986 and May 1995. Table 3 
contains Wis. Stats. Chapter 144 provisions that were approved into the 
SIP prior to promulgation of 1995 Wisconsin Act 227. These changes are 
approvable because they do not impact the stringency of the Wisconsin 
SIP.

Section 3. Approval Request: Incorporate Updated Provisions Into the 
SIP

    This section of the WDNR submittal identifies provisions that were 
previously approved into the SIP under now obsolete numbering schemes 
and underwent language revisions by Wisconsin after they were approved 
into the SIP. This section also identifies provisions that were not 
renumbered, but contain language revisions since they were approved 
into the SIP. Approving these provisions updates the Wisconsin SIP to 
be consistent in both language and numbering with current Wisconsin 
rules and statues. Table 4 of the submittal contains NR 154 provisions 
that were renumbered and revised since they were approved into the SIP. 
Table 5 contains NR 400 provisions that were renumbered and revised 
since they were approved into the SIP. Table 6 contains Wis. Stats. 
Provisions that were renumbered and revised since they were approved 
into the SIP or are being approved into the SIP for the first time. 
These changes are approvable because the majority of these are 
administrative in nature and will not impact the stringency of the 
Wisconsin SIP. In some instances, the changes will increase the 
stringency of the Wisconsin SIP by replacing current SIP limits with 
more stringent limits, providing clarity to previously approved SIP 
provisions or by filling in gaps in the currently approved SIP rules. 
For example, table A2-1 of the submittal identifies sources that were 
subject to NR 154.11(4)(b) before the provision was revised and 
renumbered to NR 415.06(1). In this instance, more stringent emission 
limits apply to the sources under NR 415.06(1) than the limit that was 
required under NR 154.11(4)(b). Further, the revision updates cross-
references to rules that were renumbered since they were SIP approved 
and improves the continuity of some rules where portions were approved 
under the current numbering system and other portions were approved 
under the old numbering system.

Section 4. Removal Request

    This section of the WDNR submittal identifies provisions that were 
previously approved into the SIP but were not retained during the 
renumbering processes, were repealed at the state level, or the 
associated CAA requirements were revised by Congress. Removing these 
provisions from the SIP will ensure the Wisconsin SIP reflects the 
rules and statutes currently being implemented in the state. Table 7 of 
the submittal contains WAC rules that are being removed from the 
Wisconsin SIP because they were repealed at the state level. Table 8 
contains Wis. Stats. provisions that are being removed from the 
Wisconsin SIP because they were repealed at the state level. These 
changes are approvable because the provisions are no longer needed or 
have been replaced by other approved rules in the WI SIP.

III. CAA Section 110(1)

    Section 110(l) of the CAA provides that state submissions cannot be 
approved as SIP revisions if they interfere with applicable 
requirements concerning attainment and maintenance of the National 
Ambient Air Quality Standards (NAAQS), reasonable further progress, or 
any other applicable requirement of the CAA for any of the criteria 
pollutants. Appendix 1 of the WDNR submittal contains CAA section 
110(l) non-interference demonstrations for each of the revised SIP 
provisions and of the provisions being removed from the Wisconsin SIP. 
More specifically, table A1-1 contains the 110(l) demonstrations for 
revision or removal of WAC rules and table A1-2 contains the 110(l) 
demonstrations for incorporation, revision, or removal of Wisconsin 
Statutes. In their submittal, WDNR certified that approval of the 
Section 3 provision updates and incorporations into the Wisconsin SIP 
and removal of the Section 4 provisions from the Wisconsin SIP will not 
result in emissions increases that will interfere with Wisconsin's 
attainment or maintenance of the NAAQS. Therefore, EPA finds that 
Wisconsin's request to revise or remove specific rules and statutes 
from the SIP will not interfere with attainment and maintenance of the 
NAAQS, reasonable further progress, or any other applicable requirement 
of the CAA, nor pose a risk to the permanence and compliance with 
attainment/unclassifiable designations in the state.

IV. EPA Action

    EPA is proposing to approve the SIP revision request submitted by 
Wisconsin on October 27, 2023. The revisions include primarily 
administrative changes to existing rules and updates to material 
adopted by reference related to rules in WAC Chapters 400, 415, 417, 
431, 436, 445, 447, 492 and 493, and Wis. Stats. Chapters 15, 110, 285 
and 299. Also, EPA is proposing to approve Wisconsin's request for the 
removal of the previously approved WAC rules and Wis. Stats. identified 
in section 4 of the WDNR submittal. Most of the provisions that WDNR 
has removed are from outdated Wis. Stats. that are obsolete. These 
provisions are no longer needed or have been replaced by other approved 
rules in the Wisconsin SIP.
    EPA believes that the revisions improve the clarity of the rules 
without affecting their stringency and therefore is proposing to 
approve the submitted revisions as SIP strengthening measures. The 
changes to the Wisconsin rules are consistent with EPA regulations and 
will not interfere with any applicable requirement of the CAA. Further, 
the revisions will provide clarity to regulators, sources and the 
public as to what has been approved into the Wisconsin SIP.

V. Incorporation by Reference

    In this 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 Wisconsin Administrative Code rules NR 400 as published in 
the Wisconsin Register July 2022 No. 799, effective August 1, 2022; NR 
415 as published in the Wisconsin Register April 2023 No. 808, 
effective May 1, 2023; NR 417 as published in the Wisconsin Register 
November 1999 No. 526, effective November 1, 1999; NR 431 as published 
in the Wisconsin Register November 2003 No. 574, effective November 1,

[[Page 42832]]

2003; NR 436 as published in the Wisconsin Register November 1999 No. 
526, effective November 1, 1999; NR 445 as published in the Wisconsin 
Register March 2016 No. 723, effective April 1, 2016; NR 447 as 
published in the Wisconsin Register June 2004 No. 582, effective July 
1, 2004; NR 492 as published in the Wisconsin Register April 2013 No. 
688, effective May 1, 2013; NR 493 as published in the Wisconsin 
Register November 1999 No. 527, effective December 1, 1999; Chapter 
Trans 131 as published in the Wisconsin Register July 2023 No. 811, 
effective August 1, 2023; and Wisconsin Statutes Chapters 15, 110, 285 
and 299, Updated 21-22 Wis. Stats., published October 4, 2023, 
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).
    Also in this document, EPA is proposing to remove EPA-Approved 
Wisconsin rules NR 422.02(24) and NR 493.05(5)(title) and EPA-Approved 
Wisconsin Statutes 144.30(9m), 144.30(9p), 144.30(9r), 144.30(17), 
144.30(17m), 144.30(18), 144.30(18m), 144.30(19), 144.30(19m), 
144.30(22), 144.30(22m), 144.3712(2), 144.3712(3), 144.395, 144.397(1), 
144.399(2), 144.399(3) and 144.402 from the Wisconsin SIP, which is 
incorporated by reference in accordance with the requirements of 1 CFR 
part 51.

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 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 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.''
    WDNR did not evaluate EJ 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. 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 EJ 
for people of color, low-income populations and Indigenous peoples.

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: May 8, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024-10539 Filed 5-15-24; 8:45 am]
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