Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Approval of Revision to PSD Program, 62008-62010 [2014-24174]
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62008
Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations
areas or within 50 kilometers of such
former areas except where an emissions
unit has received a Best Available
Retrofit Technology determination or
the emissions are insignificant enough
to be exempted under Rule 62–
296.700(2), F.A.C. The control
techniques and work practice standards
found in Rule 62–296.411, F.A.C., to
control unconfined emissions of
particulate matter can also be required
by paragraph 62–296.320(4)(c), F.A.C.,
which prohibits the emission of
unconfined particulate matter without
taking reasonable precautions to prevent
such emissions.
For the reasons discussed above, EPA
has determined that removal of the
sulfur storage and handling facilities
rules will not interfere with attainment
or maintenance of the NAAQS in
surrounding states or interfere with any
other requirement identified in section
110(l). On July 1, 2014 (79 FR 37255),
EPA proposed approval of the Florida
April 5, 2012, submission. No adverse
comments were received on this
proposed action and EPA is hereby
finalizing approval of the revision.
rmajette on DSK2VPTVN1PROD with RULES
II. Final Action
EPA is taking final action to approve
Florida’s April 5, 2012, SIP revision to
remove Rule 62–212.600, F. A. C. and
Rule 62–296.411, F. A. C., related to
sulfur storage and handling facilities,
from the Florida SIP because the Agency
has determined that this revision is
consistent with section 110(l) of the
CAA.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act 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 final action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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
VerDate Sep<11>2014
14:52 Oct 15, 2014
Jkt 235001
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 (Public Law 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).
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 as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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 December 15, 2014. Filing a
petition for reconsideration by the
Administrator of this final rule does not
PO 00000
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Fmt 4700
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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,
Particulate matter, Reporting and
recordkeeping requirements and Sulfur
oxides.
Dated: September 25, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart K—Florida
2. Section 52.520(c) is amended by
removing the entries for ‘‘62–212.600’’
under Chapter 62–212 Stationary
Sources—Preconstruction Review and
‘‘62–296.411’’ under Chapter 62–296
Stationary Sources—Emission
Standards.
■
[FR Doc. 2014–24005 Filed 10–15–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2014–0242; FRL–9916–27–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans;
Wisconsin; Approval of Revision to
PSD Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Wisconsin
State Implementation Plan (SIP)
submitted by the Wisconsin Department
of Natural Resources (WDNR) to EPA on
March 12, 2014, for parallel processing.
On August 11, 2014, WDNR submitted
an updated submittal with the final
rules. The submittal modifies
SUMMARY:
E:\FR\FM\16OCR1.SGM
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Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations
Wisconsin’s Prevention of Significant
Deterioration (PSD) program to identify
precursors for particulate matter of less
than 2.5 micrometers (PM2.5), includes
the significant emissions rates for PM2.5
and emissions of particulate matter of
less than 10 micrometers (PM10), and
modifies the definition of PM2.5 and
PM10 to include emissions that may
condense to form particulate matter in
permitting decisions. WDNR requested
this revision to address disapprovals of
two submissions meant to address
requirements of the 2008
Implementation of the New Source
Review (NSR) Program for PM2.5 and to
address a partial disapproval under
section 110 of the Clean Air Act (CAA)
of what is commonly referred to as an
‘‘infrastructure’’ SIP. EPA is taking final
action to approve Wisconsin’s August
11, 2014, final SIP revision because the
Agency has made the determination that
this SIP revision is in accordance with
the CAA and applicable EPA regulations
regarding PSD. The proposed
rulemaking was published June 30,
2014. During the comment period which
ended July 30, 2014, no comments were
received.
This final rule is effective on
November 17, 2014.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2014–0242. All
documents in the docket are listed on
the www.regulations.gov Web site.
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 electronically through
www.regulations.gov or in hard copy 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. We
recommend that you telephone Andrea
Morgan, Environmental Engineer, at
(312) 353–6058 before visiting the
Region 5 office.
ADDRESSES:
rmajette on DSK2VPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Andrea Morgan, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6058,
morgan.andrea@epa.gov.
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14:52 Oct 15, 2014
Jkt 235001
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
II. What comments were received on the
proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
This final rulemaking addresses the
March 12, 2014, WDNR submittal for
parallel processing, supplemented on
April 15, 2014, revising the rules in the
Wisconsin SIP to comply with the 2008
NSR Implementation Rule for PM2.5
(2008 PM2.5 NSR Rule) and to address
two previous EPA disapprovals. WDNR
supplemented its initial submittal for
parallel processing with the final
version of its rule on August 11, 2014.
The original submission for parallel
processing, and the supplements
thereto, may be found in the docket for
this action. EPA proposed approval of
this revision to Wisconsin’s SIP on June
30, 2014 (79 FR 36689).
WDNR’s submittal includes the
required PSD elements of the 2008 PM2.5
NSR Rule including the identification of
precursors for PM2.5, the significant
emissions rates for PM2.5 and the
requirement to include emissions which
may condense to form particulate matter
at ambient temperatures, known as
condensables, in permitting decisions.
EPA had previously finalized
disapprovals of two Wisconsin SIP
submissions pertaining to PM2.5 NSR
implementation. Specifically, on
October 29, 2012, EPA finalized
disapproval of Wisconsin’s
infrastructure SIP submittal (77 FR
65478) and on July 25, 2013, EPA
finalized disapproval of Wisconsin’s
May 12, 2011, submittal (78 FR 44881),
which included revisions intended to
comply with the 2008 PM2.5 NSR Rule.
EPA disapproved these submittals on
the bases that they did not explicitly
identify precursors to PM2.5 and did not
include the required language regarding
condensables as required by the 2008
PM2.5 NSR Rule and section 110(a)(2)(C)
of the CAA. As discussed in the June 30,
2014, proposed approval, EPA has
found Wisconsin’s March 12, 2014,
submittal to contain all of the required
elements and to address the previously
identified deficiencies.
Although the 2008 PM2.5 NSR Rule
also codified requirements for PM2.5 in
the Nonattainment NSR (NNSR)
program, there are currently no areas
designated as nonattainment for PM2.5
located in Wisconsin. As such,
Wisconsin is no longer obligated to
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Sfmt 4700
62009
submit a NNSR plan for PM2.5, and there
is no longer a Federal Implementation
Plan (FIP) obligation for NNSR. As
discussed in the June 30, proposed
approval, should an area be designated
as nonattainment for PM2.5, Wisconsin
will be required to revise its rules to
include a plan to address PM2.5 in
NNSR.
EPA’s June 30, 2014, proposed
approval was contingent upon
Wisconsin providing a final SIP revision
that was substantively the same as the
March 12, 2014, submittal for parallel
processing. Wisconsin provided its final
SIP submittal on August 11, 2014,
which included the final rules adopted
by WDNR on August 1, 2014. There was
a typographical error in Wisconsin’s
August 11, 2014, SIP submittal in which
Wisconsin incorrectly identified the
rule number of one revision WDNR
requested EPA to approve. In a letter
dated August 18, 2014, Wisconsin
acknowledged that in the August 11,
2014, submittal it incorrectly requested
approval of NR 404.02(27)(a)5m and
clarified that it intended to request that
EPA approve NR 405.02(27)(a)5m,
which aligns with the provisions that
EPA proposed approval of on June 30,
2014. There were no differences
between the March 12, 2014, draft SIP
revision, and the August 11, 2014, final
SIP revision.
II. What comments were received on
the proposed rule?
EPA provided a 30-day review and
comment period. The comment period
closed on July 30, 2014. EPA received
no comments on the proposed action.
III. What action is EPA taking?
EPA is taking final action to approve
revisions to Wisconsin rules NR 400 and
405. As explained in the June 30, 2014,
proposed approval EPA finds WDNR’s
submittal to be consistent with the CAA
and applicable Federal requirements.
WDNR’s March 12, 2014, submittal
requests that EPA approve the following
revised rules into Wisconsin’s SIP: (1)
NR 400.02(123m) and (124); (2) NR
405.02(21)(b)5.a. and b. and 6; (3) NR
405.02(25i)(a), (ag) and (ar); (4)
405.02(27)(a)5m; and (5) NR
408.02(20)(e) 5.a and b. and 6. At this
time EPA is only taking action on the
portions that pertain to the
identification of precursors to PM2.5 and
identification of PM2.5 and PM10
condensables. Specifically, today’s
rulemaking is limited to the following
provisions: (1) NR 400.02(123m) and
(124); (2) NR 405.02(25i)(ag); (3) NR
405.02(25i)(ar)2. and 3.; and, (4)
405.02(27)(a)5m. EPA proposed
approval of the remainder of WDNR’s
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62010
Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations
rmajette on DSK2VPTVN1PROD with RULES
submission as it pertains to NOX as a
precursor to ozone and the definition of
major modification in a May 2, 2014
proposed approval (79 FR 25063), and
will take a final action on those
revisions in a separate rulemaking.
With the final approval of this SIP
revisions, the FIP clocks started by
EPA’s October 29, 2012, narrow
disapproval and July 25, 2013,
disapproval will stop.
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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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
VerDate Sep<11>2014
14:52 Oct 15, 2014
Jkt 235001
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
This rule 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 as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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 November 17, 2014. 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, Particulate matter,
Sulfur oxides.
Dated: August 25, 2014.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
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Frm 00022
Fmt 4700
Sfmt 4700
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.2570 is amended by
adding paragraph (c)(132) to read as
follows:
■
§ 52.2570
Identification of plan.
*
*
*
*
*
(c) * * *
(132) On March 12, 2014, April 15,
2014 and August 11, 2014, the
Wisconsin Department of Natural
Resources submitted a request to revise
Wisconsin’s air permitting program to
incorporate PSD requirements for PM2.5.
(i) Incorporation by reference.
(A) Wisconsin Administrative Code,
NR 400.02 Definitions. NR 400.0(123m)
and NR 400.0(124) as published in the
Wisconsin Administrative Register July
2014, No. 703, effective August 1, 2014.
(B) Wisconsin Administrative Code,
NR 405.02 Definitions. NR
405.02(25i)(ag), NR 405.02(25i)(ar)2 and
3, as published in the Wisconsin
Administrative Register July 2014, No.
703, effective August 1, 2014.
(C) Wisconsin Administrative Code,
NR 405.02 Definitions. NR
405.02(27)(a)5m as published in the
Wisconsin Administrative Register
November 2010, No. 659, effective
December 1, 2010.
[FR Doc. 2014–24174 Filed 10–15–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0177; FRL–9917–67–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Infrastructure Requirements
for the 2008 Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maryland
pursuant to the Clean Air Act (CAA).
Whenever new or revised National
Ambient Air Quality Standards
(NAAQS) are promulgated, the CAA
requires states to submit a plan for the
implementation, maintenance and
enforcement of such NAAQS. The plan
is required to address the basic program
elements including, but not limited to
regulatory structure, monitoring,
modeling, legal authority, and adequate
resources necessary to assure attainment
SUMMARY:
E:\FR\FM\16OCR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Rules and Regulations]
[Pages 62008-62010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24174]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2014-0242; FRL-9916-27-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; Approval of Revision to PSD Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Wisconsin State Implementation Plan
(SIP) submitted by the Wisconsin Department of Natural Resources (WDNR)
to EPA on March 12, 2014, for parallel processing. On August 11, 2014,
WDNR submitted an updated submittal with the final rules. The submittal
modifies
[[Page 62009]]
Wisconsin's Prevention of Significant Deterioration (PSD) program to
identify precursors for particulate matter of less than 2.5 micrometers
(PM2.5), includes the significant emissions rates for
PM2.5 and emissions of particulate matter of less than 10
micrometers (PM10), and modifies the definition of
PM2.5 and PM10 to include emissions that may
condense to form particulate matter in permitting decisions. WDNR
requested this revision to address disapprovals of two submissions
meant to address requirements of the 2008 Implementation of the New
Source Review (NSR) Program for PM2.5 and to address a
partial disapproval under section 110 of the Clean Air Act (CAA) of
what is commonly referred to as an ``infrastructure'' SIP. EPA is
taking final action to approve Wisconsin's August 11, 2014, final SIP
revision because the Agency has made the determination that this SIP
revision is in accordance with the CAA and applicable EPA regulations
regarding PSD. The proposed rulemaking was published June 30, 2014.
During the comment period which ended July 30, 2014, no comments were
received.
DATES: This final rule is effective on November 17, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2014-0242. All documents in the docket are listed on
the www.regulations.gov Web site. 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
electronically through www.regulations.gov or in hard copy 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. We recommend that you telephone Andrea Morgan,
Environmental Engineer, at (312) 353-6058 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Andrea Morgan, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-6058, morgan.andrea@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
II. What comments were received on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
This final rulemaking addresses the March 12, 2014, WDNR submittal
for parallel processing, supplemented on April 15, 2014, revising the
rules in the Wisconsin SIP to comply with the 2008 NSR Implementation
Rule for PM2.5 (2008 PM2.5 NSR Rule) and to
address two previous EPA disapprovals. WDNR supplemented its initial
submittal for parallel processing with the final version of its rule on
August 11, 2014. The original submission for parallel processing, and
the supplements thereto, may be found in the docket for this action.
EPA proposed approval of this revision to Wisconsin's SIP on June 30,
2014 (79 FR 36689).
WDNR's submittal includes the required PSD elements of the 2008
PM2.5 NSR Rule including the identification of precursors
for PM2.5, the significant emissions rates for
PM2.5 and the requirement to include emissions which may
condense to form particulate matter at ambient temperatures, known as
condensables, in permitting decisions. EPA had previously finalized
disapprovals of two Wisconsin SIP submissions pertaining to
PM2.5 NSR implementation. Specifically, on October 29, 2012,
EPA finalized disapproval of Wisconsin's infrastructure SIP submittal
(77 FR 65478) and on July 25, 2013, EPA finalized disapproval of
Wisconsin's May 12, 2011, submittal (78 FR 44881), which included
revisions intended to comply with the 2008 PM2.5 NSR Rule.
EPA disapproved these submittals on the bases that they did not
explicitly identify precursors to PM2.5 and did not include
the required language regarding condensables as required by the 2008
PM2.5 NSR Rule and section 110(a)(2)(C) of the CAA. As
discussed in the June 30, 2014, proposed approval, EPA has found
Wisconsin's March 12, 2014, submittal to contain all of the required
elements and to address the previously identified deficiencies.
Although the 2008 PM2.5 NSR Rule also codified
requirements for PM2.5 in the Nonattainment NSR (NNSR)
program, there are currently no areas designated as nonattainment for
PM2.5 located in Wisconsin. As such, Wisconsin is no longer
obligated to submit a NNSR plan for PM2.5, and there is no
longer a Federal Implementation Plan (FIP) obligation for NNSR. As
discussed in the June 30, proposed approval, should an area be
designated as nonattainment for PM2.5, Wisconsin will be
required to revise its rules to include a plan to address
PM2.5 in NNSR.
EPA's June 30, 2014, proposed approval was contingent upon
Wisconsin providing a final SIP revision that was substantively the
same as the March 12, 2014, submittal for parallel processing.
Wisconsin provided its final SIP submittal on August 11, 2014, which
included the final rules adopted by WDNR on August 1, 2014. There was a
typographical error in Wisconsin's August 11, 2014, SIP submittal in
which Wisconsin incorrectly identified the rule number of one revision
WDNR requested EPA to approve. In a letter dated August 18, 2014,
Wisconsin acknowledged that in the August 11, 2014, submittal it
incorrectly requested approval of NR 404.02(27)(a)5m and clarified that
it intended to request that EPA approve NR 405.02(27)(a)5m, which
aligns with the provisions that EPA proposed approval of on June 30,
2014. There were no differences between the March 12, 2014, draft SIP
revision, and the August 11, 2014, final SIP revision.
II. What comments were received on the proposed rule?
EPA provided a 30-day review and comment period. The comment period
closed on July 30, 2014. EPA received no comments on the proposed
action.
III. What action is EPA taking?
EPA is taking final action to approve revisions to Wisconsin rules
NR 400 and 405. As explained in the June 30, 2014, proposed approval
EPA finds WDNR's submittal to be consistent with the CAA and applicable
Federal requirements. WDNR's March 12, 2014, submittal requests that
EPA approve the following revised rules into Wisconsin's SIP: (1) NR
400.02(123m) and (124); (2) NR 405.02(21)(b)5.a. and b. and 6; (3) NR
405.02(25i)(a), (ag) and (ar); (4) 405.02(27)(a)5m; and (5) NR
408.02(20)(e) 5.a and b. and 6. At this time EPA is only taking action
on the portions that pertain to the identification of precursors to
PM2.5 and identification of PM2.5 and
PM10 condensables. Specifically, today's rulemaking is
limited to the following provisions: (1) NR 400.02(123m) and (124); (2)
NR 405.02(25i)(ag); (3) NR 405.02(25i)(ar)2. and 3.; and, (4)
405.02(27)(a)5m. EPA proposed approval of the remainder of WDNR's
[[Page 62010]]
submission as it pertains to NOX as a precursor to ozone and
the definition of major modification in a May 2, 2014 proposed approval
(79 FR 25063), and will take a final action on those revisions in a
separate rulemaking.
With the final approval of this SIP revisions, the FIP clocks
started by EPA's October 29, 2012, narrow disapproval and July 25,
2013, disapproval will stop.
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 Order
12866 (58 FR 51735, October 4, 1993);
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).
This rule 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 as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 November 17, 2014. 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, Particulate
matter, Sulfur oxides.
Dated: August 25, 2014.
Susan Hedman,
Regional Administrator, Region 5.
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)(132) to read as
follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(132) On March 12, 2014, April 15, 2014 and August 11, 2014, the
Wisconsin Department of Natural Resources submitted a request to revise
Wisconsin's air permitting program to incorporate PSD requirements for
PM2.5.
(i) Incorporation by reference.
(A) Wisconsin Administrative Code, NR 400.02 Definitions. NR
400.0(123m) and NR 400.0(124) as published in the Wisconsin
Administrative Register July 2014, No. 703, effective August 1, 2014.
(B) Wisconsin Administrative Code, NR 405.02 Definitions. NR
405.02(25i)(ag), NR 405.02(25i)(ar)2 and 3, as published in the
Wisconsin Administrative Register July 2014, No. 703, effective August
1, 2014.
(C) Wisconsin Administrative Code, NR 405.02 Definitions. NR
405.02(27)(a)5m as published in the Wisconsin Administrative Register
November 2010, No. 659, effective December 1, 2010.
[FR Doc. 2014-24174 Filed 10-15-14; 8:45 am]
BILLING CODE 6560-50-P
