[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Proposed Rules]
[Pages 58097-58099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15598]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2024-0184; FRL-11968-01-R5]


Air Plan Approval; Wisconsin; Nitrogen Oxide Emissions Control 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve Wisconsin's additions and amendments to chapters NR 400, 428, 
and 484 of the Wisconsin Administrative Code (Wis. Adm. Code). These 
changes clarify existing requirements and ensure clear and consistent 
implementation of Wisconsin's control requirements for emissions of 
nitrogen oxide (NOX).

DATES: Comments must be received on or before August 16, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2024-0184 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 the docket. EPA may publish 
any comment received to its public docket. Do not submit electronically 
any information you consider to be Confidential Business Information 
(CBI), Proprietary Business Information (PBI), 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, PBI, or multimedia submissions, 
and general

[[Page 58098]]

guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Katie Mullen, Air and Radiation 
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-3490, 
[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.

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

I. What is the background of this SIP submission?

    Chapter NR 428, Wis. Adm. Code, regulates the emissions of 
NOX from certain stationary sources located in Wisconsin's 
current ozone nonattainment areas and areas with a history of ozone 
nonattainment, including Kenosha, Manitowoc, Milwaukee, Ozaukee, 
Racine, Sheboygan, Washington, and Waukesha counties.
    Since the promulgation of the 2001 and 2007 revisions to chapter NR 
428, Wis. Adm. Code, Wisconsin has identified several implementation 
issues associated with certain parts of this chapter. The purpose of 
Wisconsin's proposed revisions is to ensure clear and consistent 
implementation of NOX control requirements in chapter NR 
428. Wisconsin is not currently seeking approval of this rule as it 
pertains to the reasonably available control technology (RACT) 
requirements under the 2015 ozone national ambient air quality standard 
(NAAQS). EPA will be addressing RACT at a later date.

II. What is EPA's analysis of the proposed SIP revision?

    Wisconsin's April 10, 2024, submittal requested that EPA approve 
revisions to NOX control requirements in chapters NR 400, NR 
428, and NR 484 of the Wis. Adm. Code. Wisconsin's proposed revisions 
clarify emission limits for units using more than one type of fuel, 
incorporate procedures for approving a site-specific emission limit 
alternative to ensure that limits are achievable in practice, revise 
and clarify existing compliance and monitoring requirements, clarify an 
applicability exception, update cross references, and include 
definitions.

A. Clarification of NOX Emission Limits During Secondary Fuel Useage

    Wisconsin has revised sections NR 428.04(2)(i), 428.05(2)(b), 
428.05(2)(f), 428.05(3)(f), 428.22(1), and 428.22(3) of the Wis. Adm. 
Code to clarify that a unit firing secondary fuel is not subject to 
emission limits and monitoring requirements when using only the 
secondary fuel under certain limited circumstances, which include any 
of the following conditions:
    a. The emissions unit heat input capacity or maximum design power 
output while utilizing the secondary fuel is less than the 
corresponding applicability thresholds.
    b. The emissions unit burns the secondary fuel only during periods 
of curtailment or supply interruption of other fuel(s) not to exceed 
500 hours in a 12 consecutive month period.
    c. During periodic testing, maintenance, or operator training of 
the secondary fuel when the periodic testing, maintenance, or operator 
training does not exceed 48 hours during any calendar year.
    d. The secondary fuel constitutes less than 1% of the unit's fuel 
consumption within a 12 consecutive month period.
    Also, NR 428.04(4)(c), 428.05(5)(c), and 428.24(1)(c) contain the 
secondary fuel recordkeeping requirements. EPA is proposing that these 
revisions are approvable since they clarify the applicability of 
emission limits and monitoring requirements when a facility uses more 
than one type of fuel.

B. Procedures for Approving a Site-Specific Emission Limit Alternative

    Section NR 428.055 provides a pathway for facilities to request a 
site-specific emission limit if the facility demonstrates that 
compliance with requirements under sections NR 428.04 or 428.05 are 
technologically or economically infeasible. The proposed site-specific 
emission limit is only effective after it has been approved into the 
State Implementation Plan (SIP) by EPA. These revisions are approvable 
since they explain the steps needed to implement a site-specific 
alternative emission limit.

C. Clarification of Monitoring Requirements for Specific Categories of 
Emissions Units

    Wisconsin has created language under sections NR 428.08(2)(e), 
428.08(2)(f), and 428.08(3) that clarifies monitoring requirements and 
exceptions for NOX emissions units such as kilns, furnaces, 
asphalt plants, process heating units, and engines. Section NR 
428.02(2)(g) incorporates an alternative to operating a continuous 
emissions monitoring system (CEMS) by meeting operational and 
performance testing requirements that are consistent with the SIP-
approved compliance demonstration requirements for emission limitations 
under s. NR 428.23(1)(b). Section NR 428.08(2)(g)4. a. requires that 
emissions performance tests be conducted according to Method 7, 7A, 7B, 
7C, 7D, or 7E under 40 CFR part 60, appendix A. Section NR 484.04 table 
2 Row (15m), which incorporates these Federal test methods by 
reference, is revised to cross-reference to section NR 
428.08(2)(g)(4)(a). These revisions are approvable since they clarify 
the monitoring requirements and exceptions for NOX emission 
units subject to this rule.

D. Revision of Compliance Monitoring Plan Submittal Deadline

    Wisconsin has revised its deadline for compliance monitoring plan 
submittals under section NR 428.07(1)(a)2., Wis. Adm. Code, from ``at 
least 180 days prior to initial operation'' to ``at least 180 days 
prior to initial operation, or an alternative date less than 180 days 
approved by the department.'' The previous rule language required plans 
to be submitted 180 days before initial operation. This means a source 
would have been required to wait for the 180-day period to end prior to 
operating, even if the source was permitted and physically capable of 
operation prior to that date. This revised rule is approvable since it 
streamlines the implementation of this section by allowing the source 
to request an alternative date to avoid the waiting period if 
warranted.

E. Clarification of Exception

    Wisconsin's revisions clarify that the unit exception under section 
NR 428.21(3), Wis. Adm. Code, applies only to units constructed before 
August 1, 2007, as originally intended. This revision is approvable 
since it clarifies which emission units qualify for this exception.

F. Definitions and Cross References

    The proposed rule incorporates a definition for SIP, the acronym 
for State Implementation Plan, under section NR 400.03(4)(mf). 
Wisconsin has also added definitions for ``primary fuel'', ``secondary 
fuel'', ``simple cycle stationary combustion turbine'', and ``supply 
interruption'' or ``curtailment'' under section NR 428.02(7i), (7p), 
(7u) and (7w). Wisconsin has also updated cross references through Ch. 
NR 428, Wis. Adm. Code, to be consistent with the proposed rule 
language. These

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administrative type revisions are approvable since they ensure terms 
included in the new rule language are defined and cross references are 
updated.
    EPA has reviewed the amendments contained in Wisconsin's submittal, 
as discussed in detail above, and is proposing to approve the amended 
portions of NR 400, 428, and 484. Because these changes provide clarity 
and generally strengthen the currently approved SIP, EPA is proposing 
that these changes will not interfere with any applicable requirement 
concerning attainment, reasonable further progress, or any other Clean 
Air Act (CAA) requirement, and therefore, fulfill section 110(l) of the 
CAA.

III. What action is EPA taking?

    EPA is proposing to approve the revisions in NR 400, 428, and 484 
of the Wisconsin Administrative Code since these changes clarify and 
streamline Wisconsin's NOX control regulatory requirements.

IV. Incorporation by Reference

    In this document, 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 rule(s) 400.03(4)(mf), 428.02(7i), 428.02(7p), 
428.02(7u), 428.02(7w), 428.04(2)(i), 428.04(4)(c), 428.05(2)(b), 
428.05(2)(f), 428.05(3)(f), 428.05(5)(c), 428.22(1), 428.22(3), 
428.24(1)(c), 428.08(2)(e)(title), 428.08(2)(f)(title), 428.08(2)(g), 
428.08(3), 484.04 Table 2 Row (15m), and 428.21(3)(d), effective April 
1, 2024, discussed in section II of this preamble. EPA has made, and 
will continue to make, these documents generally available through 
https://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:
     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.''
    The 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. 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 EJ for people of color, low-income populations, 
and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Dated: June 10, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024-15598 Filed 7-16-24; 8:45 am]
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