Air Plan Approval; Wisconsin; NOX, 9515-9519 [2017-02530]
Download as PDF
<![CDATA[
mstockstill on DSK3G9T082PROD with RULES
Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Rules and Regulations
See 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. EPA is determining that the
prong 4 portion of the aforementioned
SIP submission does not meet federal
requirements. Therefore, this action
does not impose additional
requirements on the state 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).
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
VerDate Sep<11>2014
18:06 Feb 06, 2017
Jkt 241001
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 April 10, 2017. 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, Ozone, Particulate
Matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: January 5, 2017.
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 B—Alabama
2. Section 52.53 is amended by adding
a reserved paragraph (d) and paragraph
(e) to read as follows:
■
§ 52.53
Approval status.
*
*
*
*
*
(e) Disapproval. Portion of the state
implementation plan (SIP) revision
submitted by the State of Alabama,
through the Alabama Department of
Environmental Management (ADEM) on
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
9515
August 20, 2012, that addresses the
visibility protection (prong 4) element of
Clean Air Act section 110(a)(2)(D)(i) for
the 2008 8-hour Ozone National
Ambient Air Quality Standards
(NAAQS). EPA is disapproving the
prong 4 portion of ADEM’s SIP
submittal because it relies solely on the
State having a fully approved regional
haze SIP to satisfy the prong 4
requirements for the 2008 8-hour Ozone
NAAQS.
[FR Doc. 2017–02303 Filed 2–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0134; FRL–9957–58–
Region 5]
Air Plan Approval; Wisconsin; NOX as
a Precursor to Ozone, PM2.5 Increment
Rules and PSD Infrastructure SIP
Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
Wisconsin’s state implementation plan
(SIP), revising portions of the State’s
Prevention of Significant Deterioration
(PSD) and ambient air quality programs
to address deficiencies identified in
EPA’s previous narrow infrastructure
SIP disapprovals and Finding of Failure
to Submit (FFS). This SIP revision
request is consistent with the Federal
PSD rules and addresses the required
elements of the fine particulate matter
(PM2.5) PSD Increments, Significant
Impact Levels (SILs) and Significant
Monitoring Concentration (SMC) Rule.
EPA is also approving elements of SIP
submissions from Wisconsin regarding
PSD infrastructure requirements of
section 110 of the Clean Air Act (CAA)
for the 1997 PM2.5, 1997 ozone, 2006
PM2.5, 2008 lead, 2008 ozone, 2010
nitrogen dioxide (NO2), 2010 sulfur
dioxide (SO2), and 2012 PM2.5 National
Ambient Air Quality Standards
(NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
DATES: This final rule is effective on
March 9, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0134. All
documents in the docket are listed on
SUMMARY:
E:\FR\FM\07FER1.SGM
07FER1
9516
Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Rules and Regulations
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 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. 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 Permitting 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:
mstockstill on DSK3G9T082PROD with RULES
I. What is the background of these SIP
submissions?
II. What action did EPA propose on the SIP
submissions?
III. What comments were received on the
proposed rulemaking?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is the background of these SIP
submissions?
On August 8, 2016, the Wisconsin
Department of Natural Resources
(WDNR) submitted a SIP revision
request to EPA to revise portions of its
PSD and ambient air quality programs to
address deficiencies identified in EPA’s
previous narrow infrastructure SIP
disapprovals and FFS. Final approval of
this SIP revision request will be
consistent with the Federal PSD
requirements and will address the
required elements of the PM2.5 PSD
Increments, SILs and SMC Rule.
Wisconsin submitted revisions to its
rules NR 404 and 405 of the Wisconsin
Administrative Code. The submittal
requests that EPA approve the following
revisions to Wisconsin’s SIP: (1) Amend
NR 404.05(2)(intro); (2) create NR
404.05(2)(am); (3) amend NR
404.05(3)(intro); (4) create NR
VerDate Sep<11>2014
18:06 Feb 06, 2017
Jkt 241001
404.05(3)(am); (5) amend NR
404.05(4)(intro); (6) create NR
404.05(4)(am); (7) amend NR 405.02(3),
(21)(a), and (21m)(a); (8) create NR
405.02(21m)(c); (9) amend NR
405.02(22)(b) and (22m)(a)1. and (b)1.;
(10) create NR 405.02(22m)(a)3.; (11)
amend NR 405.02(27)(a)6.; (12) amend
NR 405.07(8)(a)3m; (13) create NR
405.07(8)(a)3m (Note); and (14) amend
NR 405.07(8)(a)5.(Note).
WDNR also requested that this SIP
revision supplement the PSD portions of
its previously submitted infrastructure
submittals, including 1997 PM2.5, 1997
ozone, 2006 PM2.5, 2008 lead, 2008
ozone, 2010 NO2, 2010 SO2, and 2012
PM2.5.
A. PSD Rule Revisions
1. PM2.5 Increments
To implement the PM2.5 NAAQS, EPA
issued two separate final rules that
establish the New Source Review (NSR)
permitting requirements for PM2.5: The
NSR PM2.5 Implementation Rule
promulgated on May 16, 2008 (73 FR
28321), and the PM2.5 PSD Increments,
SILs and SMC Rule promulgated on
October 20, 2010 (75 FR 64864). EPA’s
2008 NSR PM2.5 Implementation Rule
required states to submit applicable SIP
revisions to EPA no later than May 16,
2011, to address this rule’s PSD and
nonattainment NSR SIP requirements.
This rule requires that the state submit
revisions to its SIP, 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 published
a final approval of a revision to
Wisconsin’s SIP on October 16, 2014,
(79 FR 62008), which included all of the
required elements of the 2008 NSR
Implementation Rule.
The PM2.5 PSD Increments, SILs and
SMC Rule required states to submit SIP
revisions to EPA by July 20, 2012,
adopting provisions equivalent to or at
least as stringent as the PM2.5 PSD
increments and associated
implementing regulations. On August
11, 2014, EPA published a finding that
Wisconsin had failed to submit the
required elements of the PM2.5 PSD
Increments, SILs and SMC Rule (79 FR
46703).
The PM2.5 PSD Increments, SILs and
SMC Rule also allows states to
discretionarily adopt and submit for
EPA approval: (1) SILs, which are used
as a screening tool to evaluate the
impact a proposed new major source or
major modification may have on the
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
NAAQS or PSD increment; and (2) a
SMC (also a screening tool), which is
used to determine the subsequent level
of data gathering required for a PSD
permit application for emissions of
PM2.5. However, on January 22, 2013,
the United States Court of Appeals for
the District of Columbia (Court) granted
a request from EPA to vacate and
remand to EPA the portions of the PM2.5
PSD Increments, SILs and SMC Rule
PM2.5 addressing the SILs for PM2.5 so
that EPA could voluntarily correct an
error in these provisions. The Court also
vacated parts of the PM2.5 PSD
Increments, SILs and SMC Rule
establishing a PM2.5 SMC, finding that
EPA was precluded from using the
PM2.5 SMCs to exempt permit applicants
from the statutory requirement to
compile preconstruction monitoring
data. Sierra Club v. EPA, 705 F.3d 458,
463–69. On December 9, 2013, EPA
issued a good cause final rule formally
removing the affected SILs and
replacing the SMC with a numeric value
of 0 micrograms per cubic meter (mg/m3)
and a note that no exemption is
available with regard to PM2.5. See 78
FR 73698. As a result, SIP submittals
could no longer include the vacated
PM2.5 SILs at 40 CFR 51.166(k)(2) and
52.21(k)(2) and the PM2.5 SMC must be
revised to 0 mg/m3, consistent with 40
CFR 51.166(i)(5)(i)(c) and
52.21(i)(5)(i)(c).
2. Ozone
On November 29, 2005, EPA
published (70 FR 71612) in the Federal
Register the ‘‘Final Rule to Implement
the 8-Hour Ozone National Ambient Air
Quality Standard—Phase 2’’. Part of this
rule established, among other
requirements, oxides of nitrogen (NOX)
as a precursor to ozone. The final rule
became effective on January 30, 2006.
On October 6, 2014, EPA finalized
approval of revisions to Wisconsin’s SIP
that included the identification of NOX
as a precursor to ozone in the definition
of regulated NSR pollutant. See 79 FR
60064.
B. Infrastructure SIP Submittals
The requirement for states to make a
SIP submission of this type arises out of
CAA section 110(a)(1). Pursuant to
section 110(a)(1), states must make SIP
submissions ‘‘within 3 years (or such
shorter period as the Administrator may
prescribe) after the promulgation of a
national primary ambient air quality
standard (or any revision thereof),’’ and
these SIP submissions are to provide for
the ‘‘implementation, maintenance, and
enforcement’’ of such NAAQS. The
statute directly imposes on states the
duty to make these SIP submissions,
E:\FR\FM\07FER1.SGM
07FER1
Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Rules and Regulations
mstockstill on DSK3G9T082PROD with RULES
and the requirement to make the
submissions is not conditioned upon
EPA’s taking any action other than
promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of
specific elements that ‘‘[e]ach such
plan’’ submission must address.
This specific rulemaking is only
taking action on the PSD elements of the
Wisconsin infrastructure submittals.
Separate action has been or will be
taken on the non-PSD infrastructure
elements in separate rulemakings. The
infrastructure elements for PSD are
found in CAA 110(a)(2)(C), 110(a)(2)(D),
and 110(a)(2)(J) and will be discussed in
detail below. For further discussion on
the background of infrastructure
submittals, see 77 FR 45992, August 2,
2012.
II. What action did EPA propose on the
SIP submissions?
On September 30, 2016 (81 FR 67261),
EPA proposed approval of a SIP revision
from WDNR requesting EPA to revise
portions of its PSD and ambient air
quality programs to address PM2.5
increment requirements and
incorporating NOX as an ozone
precursor. EPA proposed that these
revisions were made to meet EPA’s
requirements for Wisconsin’s PSD and
NSR program and are consistent with
Federal regulations.
EPA proposed that the revisions
pertaining to PM2.5 increments are
consistent with Federal regulations and
fully address the requirements of the
PM2.5 PSD Increments, SILs, and SMC
Rule. EPA also proposed that revisions
pertaining to NOX as a precursor to
ozone, in conjunction with EPA’s
October 6, 2014 approval (79 FR 60064),
will address all of the PSD requirements
of the ‘‘Final Rule to Implement the 8Hour Ozone National Ambient Air
Quality Standard—Phase 2’’.
WDNR also requested that this SIP
revision supplement the PSD portions of
its previously submitted infrastructure
submittals. EPA proposed that based on
the approval of the PSD related SIP
revisions mentioned above and
previously approved SIP revisions (see
79 FR 62008, October 16, 2014), EPA is
able to fully approve the PSD related
infrastructure requirements found in
CAA sections 110(a)(2)(C), (D)(i)(II), and
(J) for Wisconsin’s 1997 PM2.5, 1997
ozone, 2006 PM2.5, 2008 lead, 2008
ozone, 2010 NO2, 2010 SO2, and 2012
PM2.5 NAAQS submittals.
III. What comments were received on
the proposed rulemaking?
The comment period for the proposed
action associated with today’s
rulemaking (81 FR 67261) closed on
VerDate Sep<11>2014
18:06 Feb 06, 2017
Jkt 241001
October 31, 2016. EPA received two
supportive comments.
IV. What action is EPA taking?
EPA is approving revisions to
Wisconsin’s SIP that implement the
PM2.5 increment requirements and also
incorporate NOX as an ozone precursor.
These revisions were made to meet
EPA’s requirements for Wisconsin’s PSD
and NSR program and are consistent
with Federal regulations. Specifically,
EPA is approving the following:
(i) NR 404.05(2)(intro) and (am)
(ii) NR 404.05(3)(intro) and (am)
(iii) NR 404.05(4)(intro) and (am)
(iv) NR 405.02(3) and (21)(a)
(v) NR 405.02(21m)(a) and (c)
(vi) NR 405.02(22)(b)
(vii) NR 405.02(22m)(a)1. and 3., and (b)1.
(viii) NR 405.02(27)(a)6.
(ix) NR 405.07(8)(a)3m and 3m(Note)
(x) NR 405.07(8)(a)5.(Note)
The revisions pertaining to PM2.5
increments will fully address the
requirements of the PM2.5 PSD
Increments, SILs, and SMC Rule and the
deficiencies identified in EPA’s August
11, 2014, Finding of Failure to Submit.
The revisions pertaining to NOX as a
precursor to ozone will, in conjunction
with EPA’s October 6, 2014 approval,
address all of the PSD requirements of
the ‘‘Final Rule to Implement the 8Hour Ozone National Ambient Air
Quality Standard—Phase 2’’ and stops
the Federal Implementation Plan (FIP)
clock triggered by the FFS mentioned
above (79 FR 46704, August 11, 2014).
EPA is also approving the PSD related
infrastructure requirements found in
CAA sections 110(a)(2)(C), (D)(i)(II), and
(J) for Wisconsin’s 1997 PM2.5, 1997
ozone, 2006 PM2.5, 2008 lead, 2008
ozone, 2010 NO2, 2010 SO2, and 2012
PM2.5 NAAQS submittals. This action
stops the FIP clock triggered by the
disapproval of NOX as a precursor to
ozone for the PSD provisions for the
1997 ozone and PM2.5 infrastructure
SIPs (77 FR 35870, June 15, 2012). This
action requires significant revisions to
existing portions of 40 CFR 52.2591.
Because there will already be
substantial revisions, EPA will also be
revising additional portions of 40 CFR
52.2591 that are not related to PSD for
clarification or consolidation purposes
only. These additional edits will not
change the meaning or intent of the
original language.
V. 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
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
9517
Regulations described in the
amendments to 40 CFR part 52 set forth
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).
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 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
E:\FR\FM\07FER1.SGM
07FER1
9518
Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Rules and Regulations
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).
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 10, 2017.
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).)
mstockstill on DSK3G9T082PROD with RULES
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: December 13, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
VerDate Sep<11>2014
18:06 Feb 06, 2017
Jkt 241001
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.
2. Section 52.2570 is amended by
adding paragraph (c)(135) to read as
follows:
■
§ 52.2570
Identification of plan.
*
*
*
*
*
(c) * * *
(135) On August 8, 2016, WDNR
submitted a request to revise portions of
its Prevention of Significant
Deterioration (PSD)and ambient air
quality programs to address the required
elements of the fine particulate matter
(PM2.5) PSD Increments, Significant
Impact Levels (SILs) and Significant
Monitoring Concentration (SMC) Rule
and the Final Rule to Implement the 8Hour Ozone National Ambient Air
Quality Standard—Phase 2. Wisconsin
submitted revisions to its rules NR 404
and 405 of the Wisconsin
Administrative Code.
(i) Incorporation by reference.
(A) Wisconsin Administrative Code,
NR 404.05 Ambient Air Increments. NR
404.05(2) introductory text; NR
404.05(2)(am); NR 404.05(3)
introductory text; NR 404.05(3)(am); NR
404.05(4) introductory text; and NR
404.05(4)(am), as published in the
Register, July 2016, No. 727, effective
August 1, 2016.
(B) Wisconsin Administrative Code,
NR 405.02 Definitions. NR 405.02(3);
NR 405.02(21)(a); NR 405.02(21m),
except (b); NR 405.02(22)(b); NR
405.02(22m)(a)1. and 3. and (b)1.; and
NR 405.02(27)(a)6., as published in the
Register, July 2016, No. 727, effective
August 1, 2016.
(C) Wisconsin Administrative Code,
NR 405.07 Review of major stationary
sources and major modifications —
source applicability and exemptions.
NR 405.07(8)(a)3m; 405.07(8)(a)3m.
Note; and NR 405.07(8)(a)5. Note, as
published in the Register, July 2016, No.
727, effective August 1, 2016.
■ 3. Section 52.2591 is revised to read
as follows:
§ 52.2591 Section 110(a)(2) infrastructure
requirements.
(a) Approval. In a December 12, 2007
submittal, supplemented on January 24,
2011, March 28, 2011, July 2, 2015, and
August 8, 2016, Wisconsin certified that
the State has satisfied the infrastructure
SIP requirements of section 110(a)(2)(A)
through (C), (D)(ii), (E) through (H), and
(J) through (M) for the 1997 8-hour
ozone NAAQS.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
(b) Approval. In a December 12, 2007
submittal, supplemented on January 24,
2011, March 28, 2011, July 2, 2015, and
August 8, 2016, Wisconsin certified that
the State has satisfied the infrastructure
SIP requirements of section 110(a)(2)(A)
through (C), (D)(ii), (E) through (H), and
(J) through (M) for the 1997 PM2.5
NAAQS.
(c) Approval. In a January 24, 2011,
submittal, supplemented on March 28,
2011, June 29, 2012, July 2, 2015, and
August 8, 2016, Wisconsin certified that
the State has satisfied the infrastructure
SIP requirements of section 110(a)(2)(A)
through (H), and (J) through (M) for the
2006 24-hour PM2.5 NAAQS. We are not
finalizing action on (D)(i)(I) and will
address these requirements in a separate
action.
(d) Approval. In a July 26, 2012,
submittal, supplemented July 2, 2015,
and August 8, 2016, Wisconsin certified
that the State has satisfied the
infrastructure SIP requirements of
section 110(a)(2)(A) through (H), and (J)
through (M) for the 2008 lead (Pb)
NAAQS.
(e) Approval and Disapproval. In a
June 20, 2013, submittal with a January
28, 2015, clarification, supplemented
July 2, 2015, and August 8, 2016,
Wisconsin certified that the state has
satisfied the infrastructure SIP
requirements of section 110(a)(2)(A)
through (H), and (J) through (M) for the
2008 ozone NAAQS. For
110(a)(2)(D)(i)(I), we are approving
prong one and disapproving prong two.
(f) Approval. In a June 20, 2013,
submission with a January 28, 2015,
clarification, supplemented July 2, 2015,
and August 8, 2016, Wisconsin certified
that the state has satisfied the
infrastructure SIP requirements of
section 110(a)(2)(A) through (H), and (J)
through (M) for the 2010 nitrogen
dioxide (NO2) NAAQS.
(g) Approval. In a June 20, 2013,
submission with a January 28, 2015,
clarification, supplemented July 2, 2015,
and August 8, 2016, Wisconsin certified
that the state has satisfied the
infrastructure SIP requirements of
section 110(a)(2)(A) through (H), and (J)
through (M) for the 2010 sulfur dioxide
(SO2) NAAQS. We are not taking action
on the transport provisions in section
110(a)(2)(D)(i)(I), and will address these
requirements in a separate action.
(h) Approval. In a July 13, 2015,
submission, supplemented August 8,
2016, 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. We are not taking
action on the transport provisions in
section 110(a)(2)(D)(i)(I), and the
E:\FR\FM\07FER1.SGM
07FER1
Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Rules and Regulations
stationary source monitoring and
reporting requirements of section
110(a)(2)(F). We will address these
requirements in a separate action.
[FR Doc. 2017–02530 Filed 2–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0083; FRL–9957–68]
Propamocarb; Pesticide Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes a
tolerance for residues of propamocarb in
or on potato. Bayer CropScience
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective
February 7, 2017. Objections and
requests for hearings must be received
on or before April 10, 2017, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2016–0083, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Registration Division (7505P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
main telephone number: (703) 305–
7090; email address: RDFRNotices@
epa.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
VerDate Sep<11>2014
18:06 Feb 06, 2017
Jkt 241001
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2016–0083 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before April 10, 2017. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2016–0083, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
9519
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of October 27,
2016 (81 FR 74753) (FRL–9954–27),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide petition (PP 5F8430) by Bayer
CropScience, 2 T.W. Alexander Drive,
P.O. Box 12014, Research Triangle Park,
NC 27709. The petition requested that
40 CFR 180.499 be amended by
increasing the tolerance for residues of
the fungicide propamocarb
hydrochloride, in or on potato from 0.06
to 0.30 parts per million (ppm). That
document referenced a summary of the
petition prepared by Bayer CropScience,
the registrant, which is available in the
docket, https://www.regulations.gov.
There were no comments received
concerning this action for propamocarb
in response to the notice of filing.
III. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings, but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residue. . . .’’
Consistent with FFDCA section
408(b)(2)(D), and the factors specified in
FFDCA section 408(b)(2)(D), EPA has
E:\FR\FM\07FER1.SGM
07FER1
]]>Agencies
[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Rules and Regulations]
[Pages 9515-9519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02530]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0134; FRL-9957-58-Region 5]
Air Plan Approval; Wisconsin; NOX as a Precursor to Ozone, PM2.5
Increment Rules and PSD Infrastructure SIP Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to Wisconsin's state implementation plan (SIP), revising
portions of the State's Prevention of Significant Deterioration (PSD)
and ambient air quality programs to address deficiencies identified in
EPA's previous narrow infrastructure SIP disapprovals and Finding of
Failure to Submit (FFS). This SIP revision request is consistent with
the Federal PSD rules and addresses the required elements of the fine
particulate matter (PM2.5) PSD Increments, Significant
Impact Levels (SILs) and Significant Monitoring Concentration (SMC)
Rule. EPA is also approving elements of SIP submissions from Wisconsin
regarding PSD infrastructure requirements of section 110 of the Clean
Air Act (CAA) for the 1997 PM2.5, 1997 ozone, 2006
PM2.5, 2008 lead, 2008 ozone, 2010 nitrogen dioxide
(NO2), 2010 sulfur dioxide (SO2), and 2012
PM2.5 National Ambient Air Quality Standards (NAAQS). The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA.
DATES: This final rule is effective on March 9, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0134. All documents in the docket are listed on
[[Page 9516]]
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
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. 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 Permitting 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. What is the background of these SIP submissions?
II. What action did EPA propose on the SIP submissions?
III. What comments were received on the proposed rulemaking?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is the background of these SIP submissions?
On August 8, 2016, the Wisconsin Department of Natural Resources
(WDNR) submitted a SIP revision request to EPA to revise portions of
its PSD and ambient air quality programs to address deficiencies
identified in EPA's previous narrow infrastructure SIP disapprovals and
FFS. Final approval of this SIP revision request will be consistent
with the Federal PSD requirements and will address the required
elements of the PM2.5 PSD Increments, SILs and SMC Rule.
Wisconsin submitted revisions to its rules NR 404 and 405 of the
Wisconsin Administrative Code. The submittal requests that EPA approve
the following revisions to Wisconsin's SIP: (1) Amend NR
404.05(2)(intro); (2) create NR 404.05(2)(am); (3) amend NR
404.05(3)(intro); (4) create NR 404.05(3)(am); (5) amend NR
404.05(4)(intro); (6) create NR 404.05(4)(am); (7) amend NR 405.02(3),
(21)(a), and (21m)(a); (8) create NR 405.02(21m)(c); (9) amend NR
405.02(22)(b) and (22m)(a)1. and (b)1.; (10) create NR
405.02(22m)(a)3.; (11) amend NR 405.02(27)(a)6.; (12) amend NR
405.07(8)(a)3m; (13) create NR 405.07(8)(a)3m (Note); and (14) amend NR
405.07(8)(a)5.(Note).
WDNR also requested that this SIP revision supplement the PSD
portions of its previously submitted infrastructure submittals,
including 1997 PM2.5, 1997 ozone, 2006 PM2.5,
2008 lead, 2008 ozone, 2010 NO2, 2010 SO2, and
2012 PM2.5.
A. PSD Rule Revisions
1. PM2.5 Increments
To implement the PM2.5 NAAQS, EPA issued two separate
final rules that establish the New Source Review (NSR) permitting
requirements for PM2.5: The NSR PM2.5
Implementation Rule promulgated on May 16, 2008 (73 FR 28321), and the
PM2.5 PSD Increments, SILs and SMC Rule promulgated on
October 20, 2010 (75 FR 64864). EPA's 2008 NSR PM2.5
Implementation Rule required states to submit applicable SIP revisions
to EPA no later than May 16, 2011, to address this rule's PSD and
nonattainment NSR SIP requirements. This rule requires that the state
submit revisions to its SIP, 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 published a final approval
of a revision to Wisconsin's SIP on October 16, 2014, (79 FR 62008),
which included all of the required elements of the 2008 NSR
Implementation Rule.
The PM2.5 PSD Increments, SILs and SMC Rule required
states to submit SIP revisions to EPA by July 20, 2012, adopting
provisions equivalent to or at least as stringent as the
PM2.5 PSD increments and associated implementing
regulations. On August 11, 2014, EPA published a finding that Wisconsin
had failed to submit the required elements of the PM2.5 PSD
Increments, SILs and SMC Rule (79 FR 46703).
The PM2.5 PSD Increments, SILs and SMC Rule also allows
states to discretionarily adopt and submit for EPA approval: (1) SILs,
which are used as a screening tool to evaluate the impact a proposed
new major source or major modification may have on the NAAQS or PSD
increment; and (2) a SMC (also a screening tool), which is used to
determine the subsequent level of data gathering required for a PSD
permit application for emissions of PM2.5. However, on
January 22, 2013, the United States Court of Appeals for the District
of Columbia (Court) granted a request from EPA to vacate and remand to
EPA the portions of the PM2.5 PSD Increments, SILs and SMC
Rule PM2.5 addressing the SILs for PM2.5 so that
EPA could voluntarily correct an error in these provisions. The Court
also vacated parts of the PM2.5 PSD Increments, SILs and SMC
Rule establishing a PM2.5 SMC, finding that EPA was
precluded from using the PM2.5 SMCs to exempt permit
applicants from the statutory requirement to compile preconstruction
monitoring data. Sierra Club v. EPA, 705 F.3d 458, 463-69. On December
9, 2013, EPA issued a good cause final rule formally removing the
affected SILs and replacing the SMC with a numeric value of 0
micrograms per cubic meter ([micro]g/m\3\) and a note that no exemption
is available with regard to PM2.5. See 78 FR 73698. As a
result, SIP submittals could no longer include the vacated
PM2.5 SILs at 40 CFR 51.166(k)(2) and 52.21(k)(2) and the
PM2.5 SMC must be revised to 0 [micro]g/m\3\, consistent
with 40 CFR 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c).
2. Ozone
On November 29, 2005, EPA published (70 FR 71612) in the Federal
Register the ``Final Rule to Implement the 8-Hour Ozone National
Ambient Air Quality Standard--Phase 2''. Part of this rule established,
among other requirements, oxides of nitrogen (NOX) as a
precursor to ozone. The final rule became effective on January 30,
2006.
On October 6, 2014, EPA finalized approval of revisions to
Wisconsin's SIP that included the identification of NOX as a
precursor to ozone in the definition of regulated NSR pollutant. See 79
FR 60064.
B. Infrastructure SIP Submittals
The requirement for states to make a SIP submission of this type
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1),
states must make SIP submissions ``within 3 years (or such shorter
period as the Administrator may prescribe) after the promulgation of a
national primary ambient air quality standard (or any revision
thereof),'' and these SIP submissions are to provide for the
``implementation, maintenance, and enforcement'' of such NAAQS. The
statute directly imposes on states the duty to make these SIP
submissions,
[[Page 9517]]
and the requirement to make the submissions is not conditioned upon
EPA's taking any action other than promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of specific elements that ``[e]ach
such plan'' submission must address.
This specific rulemaking is only taking action on the PSD elements
of the Wisconsin infrastructure submittals. Separate action has been or
will be taken on the non-PSD infrastructure elements in separate
rulemakings. The infrastructure elements for PSD are found in CAA
110(a)(2)(C), 110(a)(2)(D), and 110(a)(2)(J) and will be discussed in
detail below. For further discussion on the background of
infrastructure submittals, see 77 FR 45992, August 2, 2012.
II. What action did EPA propose on the SIP submissions?
On September 30, 2016 (81 FR 67261), EPA proposed approval of a SIP
revision from WDNR requesting EPA to revise portions of its PSD and
ambient air quality programs to address PM2.5 increment
requirements and incorporating NOX as an ozone precursor.
EPA proposed that these revisions were made to meet EPA's requirements
for Wisconsin's PSD and NSR program and are consistent with Federal
regulations.
EPA proposed that the revisions pertaining to PM2.5
increments are consistent with Federal regulations and fully address
the requirements of the PM2.5 PSD Increments, SILs, and SMC
Rule. EPA also proposed that revisions pertaining to NOX as
a precursor to ozone, in conjunction with EPA's October 6, 2014
approval (79 FR 60064), will address all of the PSD requirements of the
``Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 2''.
WDNR also requested that this SIP revision supplement the PSD
portions of its previously submitted infrastructure submittals. EPA
proposed that based on the approval of the PSD related SIP revisions
mentioned above and previously approved SIP revisions (see 79 FR 62008,
October 16, 2014), EPA is able to fully approve the PSD related
infrastructure requirements found in CAA sections 110(a)(2)(C),
(D)(i)(II), and (J) for Wisconsin's 1997 PM2.5, 1997 ozone,
2006 PM2.5, 2008 lead, 2008 ozone, 2010 NO2, 2010
SO2, and 2012 PM2.5 NAAQS submittals.
III. What comments were received on the proposed rulemaking?
The comment period for the proposed action associated with today's
rulemaking (81 FR 67261) closed on October 31, 2016. EPA received two
supportive comments.
IV. What action is EPA taking?
EPA is approving revisions to Wisconsin's SIP that implement the
PM2.5 increment requirements and also incorporate
NOX as an ozone precursor. These revisions were made to meet
EPA's requirements for Wisconsin's PSD and NSR program and are
consistent with Federal regulations. Specifically, EPA is approving the
following:
(i) NR 404.05(2)(intro) and (am)
(ii) NR 404.05(3)(intro) and (am)
(iii) NR 404.05(4)(intro) and (am)
(iv) NR 405.02(3) and (21)(a)
(v) NR 405.02(21m)(a) and (c)
(vi) NR 405.02(22)(b)
(vii) NR 405.02(22m)(a)1. and 3., and (b)1.
(viii) NR 405.02(27)(a)6.
(ix) NR 405.07(8)(a)3m and 3m(Note)
(x) NR 405.07(8)(a)5.(Note)
The revisions pertaining to PM2.5 increments will fully
address the requirements of the PM2.5 PSD Increments, SILs,
and SMC Rule and the deficiencies identified in EPA's August 11, 2014,
Finding of Failure to Submit. The revisions pertaining to
NOX as a precursor to ozone will, in conjunction with EPA's
October 6, 2014 approval, address all of the PSD requirements of the
``Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 2'' and stops the Federal Implementation Plan (FIP)
clock triggered by the FFS mentioned above (79 FR 46704, August 11,
2014).
EPA is also approving the PSD related infrastructure requirements
found in CAA sections 110(a)(2)(C), (D)(i)(II), and (J) for Wisconsin's
1997 PM2.5, 1997 ozone, 2006 PM2.5, 2008 lead,
2008 ozone, 2010 NO2, 2010 SO2, and 2012
PM2.5 NAAQS submittals. This action stops the FIP clock
triggered by the disapproval of NOX as a precursor to ozone
for the PSD provisions for the 1997 ozone and PM2.5
infrastructure SIPs (77 FR 35870, June 15, 2012). This action requires
significant revisions to existing portions of 40 CFR 52.2591. Because
there will already be substantial revisions, EPA will also be revising
additional portions of 40 CFR 52.2591 that are not related to PSD for
clarification or consolidation purposes only. These additional edits
will not change the meaning or intent of the original language.
V. 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 the amendments to 40 CFR part 52 set forth
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).
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 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
[[Page 9518]]
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).
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 10, 2017. 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, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: December 13, 2016.
Robert A. Kaplan,
Acting 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)(135) to read as
follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(135) On August 8, 2016, WDNR submitted a request to revise
portions of its Prevention of Significant Deterioration (PSD)and
ambient air quality programs to address the required elements of the
fine particulate matter (PM2.5) PSD Increments, Significant
Impact Levels (SILs) and Significant Monitoring Concentration (SMC)
Rule and the Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 2. Wisconsin submitted revisions to its
rules NR 404 and 405 of the Wisconsin Administrative Code.
(i) Incorporation by reference.
(A) Wisconsin Administrative Code, NR 404.05 Ambient Air
Increments. NR 404.05(2) introductory text; NR 404.05(2)(am); NR
404.05(3) introductory text; NR 404.05(3)(am); NR 404.05(4)
introductory text; and NR 404.05(4)(am), as published in the Register,
July 2016, No. 727, effective August 1, 2016.
(B) Wisconsin Administrative Code, NR 405.02 Definitions. NR
405.02(3); NR 405.02(21)(a); NR 405.02(21m), except (b); NR
405.02(22)(b); NR 405.02(22m)(a)1. and 3. and (b)1.; and NR
405.02(27)(a)6., as published in the Register, July 2016, No. 727,
effective August 1, 2016.
(C) Wisconsin Administrative Code, NR 405.07 Review of major
stationary sources and major modifications -- source applicability and
exemptions. NR 405.07(8)(a)3m; 405.07(8)(a)3m. Note; and NR
405.07(8)(a)5. Note, as published in the Register, July 2016, No. 727,
effective August 1, 2016.
0
3. Section 52.2591 is revised to read as follows:
Sec. 52.2591 Section 110(a)(2) infrastructure requirements.
(a) Approval. In a December 12, 2007 submittal, supplemented on
January 24, 2011, March 28, 2011, July 2, 2015, and August 8, 2016,
Wisconsin certified that the State has satisfied the infrastructure SIP
requirements of section 110(a)(2)(A) through (C), (D)(ii), (E) through
(H), and (J) through (M) for the 1997 8-hour ozone NAAQS.
(b) Approval. In a December 12, 2007 submittal, supplemented on
January 24, 2011, March 28, 2011, July 2, 2015, and August 8, 2016,
Wisconsin certified that the State has satisfied the infrastructure SIP
requirements of section 110(a)(2)(A) through (C), (D)(ii), (E) through
(H), and (J) through (M) for the 1997 PM2.5 NAAQS.
(c) Approval. In a January 24, 2011, submittal, supplemented on
March 28, 2011, June 29, 2012, July 2, 2015, and August 8, 2016,
Wisconsin certified that the State has satisfied the infrastructure SIP
requirements of section 110(a)(2)(A) through (H), and (J) through (M)
for the 2006 24-hour PM2.5 NAAQS. We are not finalizing
action on (D)(i)(I) and will address these requirements in a separate
action.
(d) Approval. In a July 26, 2012, submittal, supplemented July 2,
2015, and August 8, 2016, Wisconsin certified that the State has
satisfied the infrastructure SIP requirements of section 110(a)(2)(A)
through (H), and (J) through (M) for the 2008 lead (Pb) NAAQS.
(e) Approval and Disapproval. In a June 20, 2013, submittal with a
January 28, 2015, clarification, supplemented July 2, 2015, and August
8, 2016, Wisconsin certified that the state has satisfied the
infrastructure SIP requirements of section 110(a)(2)(A) through (H),
and (J) through (M) for the 2008 ozone NAAQS. For 110(a)(2)(D)(i)(I),
we are approving prong one and disapproving prong two.
(f) Approval. In a June 20, 2013, submission with a January 28,
2015, clarification, supplemented July 2, 2015, and August 8, 2016,
Wisconsin certified that the state has satisfied the infrastructure SIP
requirements of section 110(a)(2)(A) through (H), and (J) through (M)
for the 2010 nitrogen dioxide (NO2) NAAQS.
(g) Approval. In a June 20, 2013, submission with a January 28,
2015, clarification, supplemented July 2, 2015, and August 8, 2016,
Wisconsin certified that the state has satisfied the infrastructure SIP
requirements of section 110(a)(2)(A) through (H), and (J) through (M)
for the 2010 sulfur dioxide (SO2) NAAQS. We are not taking
action on the transport provisions in section 110(a)(2)(D)(i)(I), and
will address these requirements in a separate action.
(h) Approval. In a July 13, 2015, submission, supplemented August
8, 2016, 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. We are not taking action on
the transport provisions in section 110(a)(2)(D)(i)(I), and the
[[Page 9519]]
stationary source monitoring and reporting requirements of section
110(a)(2)(F). We will address these requirements in a separate action.
[FR Doc. 2017-02530 Filed 2-6-17; 8:45 am]
BILLING CODE 6560-50-P
