Air Plan Approval; Wisconsin; Particulate Matter Standard, 46882-46884 [2018-20038]
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46882
Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Rules and Regulations
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 16, 2018. 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, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 4, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
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 RR—Tennessee
2. Section 52.2220(c) is amended in
Table 3 by:
■ a. Removing the entry for ‘‘25.0;’’
■ b. Adding the heading ‘‘Section 25.0—
Permits’’ and entries for ‘‘25.1,’’ ‘‘25.3,’’
and ‘‘25.2; 25.4; 25.5; 25.6; 25.7; 25. 10;
25.11’’ in numerical order; and
■ c. Revising the entries for ‘‘41.0’’ and
‘‘45.0’’.
The additions and revisions read as
follows:
■
§ 52.2220
Identification of plan.
*
40 CFR part 52 is amended as follows:
*
*
(c) * * *
*
*
*
*
*
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*
TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS
State section
State effective
date
Title/subject
*
*
*
*
EPA approval date
*
*
Explanation
*
Section 25.0—Permits
25.1 ................................
Construction Permit ..............................................
1/18/2017
25.3 ................................
Operating Permit ..................................................
1/18/2017
25.2; 25.4; 25.5; 25.6;
25.7; 25.10; 25.11.
Application for Permit; Compliance Schedule;
Reporting of Information; Exemptions; Payment of Fees; Permit by Rule; Limiting a
Source’s Potential to Emit of VOC by Recordkeeping.
3/12/2014
*
41.0 ................................
*
*
*
Regulation for the Review of New Sources .........
45.0 ................................
Prevention of Significant Deterioration .................
*
*
1/18/2017 9/17/2018, [Insert citation of publication].
7/20/2016 9/17/2018, [Insert citation of publication].
*
*
*
*
*
*
*
*
[FR Doc. 2018–20041 Filed 9–14–18; 8:45 am]
*
*
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 52
daltland on DSKBBV9HB2PROD with RULES
[EPA–R05–OAR–2018–0008; FRL–9982–
61—Region 5]
Air Plan Approval; Wisconsin;
Particulate Matter Standard
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
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Final rule.
Frm 00034
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9/17/2018, [Insert citation of publication].
9/17/2018, [Insert citation of publication].
4/22/2016, 81 FR 23640.
Sfmt 4700
*
*
*
The Environmental Protection
Agency (EPA) is approving a January 4,
2018, request by the Wisconsin
Department of Natural Resources
(Wisconsin) to revise its state
implementation plan (SIP) for fine
particulate matter (PM2.5). Wisconsin
updated its ambient air quality
standards for PM2.5 to be consistent with
EPA’s 2012 revision to the PM2.5
national ambient air quality standards
(NAAQS). Wisconsin also revised its
incorporation by reference rule to
update references to the EPA monitoring
methods.
SUMMARY:
E:\FR\FM\17SER1.SGM
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Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Rules and Regulations
This final rule is effective on
October 17, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0008. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Matt
Rau, Environmental Engineer, at (312)
886–6524 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Matt
Rau, Environmental Engineer, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@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:
DATES:
daltland on DSKBBV9HB2PROD with RULES
I. Background
II. Public Comment
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On January 15, 2013, EPA revised the
primary (protective of human health)
annual PM2.5 NAAQS to a level of 12.0
micrograms per cubic meter (mg/m3). 40
CFR 50.18. EPA also retained the annual
PM2.5 secondary (protective of public
welfare) NAAQS set at a level of 15.0
mg/m3, along with the 24-hour primary
and secondary NAAQS for PM2.5 at a
level of 35 mg/m3. 40 CFR 50.13.
Wisconsin revised its ambient air
quality rules in chapter NR 404 such
that its PM2.5 standards are consistent
with EPA’s revision. Wisconsin
modified NR 404.04(9) by splitting the
PM2.5 standards into separate sections
for the primary and secondary
standards. Wisconsin added NR
404.04(9)(am) for the primary PM2.5
standard and NR 404.04(9)(bm) for the
VerDate Sep<11>2014
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Jkt 244001
secondary PM2.5 standard. In NR
404.04(9)(am), the primary annual PM2.5
standard was revised from 15.0 to 12.0
mg/m3 with the 24-hour primary PM2.5
standard remaining at 35 mg/m3.
Wisconsin retained the current
secondary standard, 15.0 mg/m3 annual
and 35 mg/m3 24-hour, in the new NR
404.04(9)(bm).
Wisconsin also included monitoring
method requirements in both NR
404.04(9)(am) and (bm). The ambient
PM2.5 is to be measured by the methods
of 40 CFR part 50, appendices L and N,
for both standards. 40 CFR part 50,
appendix L, is the Reference Method for
the Determination of Fine Particulate
Matter as PM2.5 in the Atmosphere,
while 40 CFR part 50, appendix N, is
the Interpretation of the NAAQS for
PM2.5.
Wisconsin also revised its
incorporation by reference rules in
chapter NR 484. Wisconsin altered NR
484.04(6g) and NR 484.04(6r). The State
amended NR 484.04(6g) by
incorporating by reference 40 CFR part
50, appendix L, Reference Method for
the Determination of Particulate Matter
as PM2.5 in the Atmosphere, into NR
404.04(9). The State amended NR
484.04(6r) by incorporating by reference
40 CFR part 50, appendix N,
Interpretation of the NAAQS for PM2.5,
into NR 404.04(9).
II. Public Comment
A comment period was provided in
the May 25, 2018, proposed rule (83 FR
24257). The comment period closed on
June 25, 2018. One anonymous
comment was received that is irrelevant
to the scope of this rulemaking and
therefore, need not be addressed.
III. What action is EPA taking?
EPA is approving revisions to NR
404.04(9), NR 484.04(6g), and NR
484.04(6r), as submitted on January 4,
2018. The revisions to the ambient air
quality standards and the incorporation
by reference rules make Wisconsin’s
standards consistent with 2012 PM2.5
NAAQS.
IV. 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
PO 00000
Frm 00035
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46883
section of
this preamble for more information).
FURTHER INFORMATION CONTACT
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air 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 Clean Air Act. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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 Clean Air Act;
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).
E:\FR\FM\17SER1.SGM
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46884
Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Rules and Regulations
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 November 16,
2018. 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 Clean Air
Act 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.
Dated: August 8, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
daltland on DSKBBV9HB2PROD with RULES
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.
VerDate Sep<11>2014
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Subpart YY—Wisconsin
DEPARTMENT OF TRANSPORTATION
2. Section 52.2570 is amended by
revising paragraphs (c)(121)
introductory text and (c)(121)(i)(B),
adding paragraph (c)(121)(i)(C), revising
paragraph (c)(121)(ii)(B), and adding
paragraph (c)(121)(ii)(C) to read as
follows:
Federal Railroad Administration
■
§ 52.2570
Identification of plan.
*
*
*
*
*
(c) * * *
(121) On September 11, 2009, the
Wisconsin Department of Natural
Resources (WDNR) submitted a State
Implementation Plan (SIP) revision
request. The State’s ambient air quality
standards were revised by adding fine
particulate matter, PM2.5, standards and
revising the coarse particulate matter,
PM10, standards. Wisconsin added
annual and 24-hour PM2.5 standards. It
also revoked the annual PM10 ambient
air quality standard while retaining the
24-hour PM10 standard. On January 4,
2018, the WDNR submitted a SIP
revision request updating its ambient air
quality standards for fine particulate
matter to be consistent with EPA’s 2012
revisions to the fine particulate matter
national ambient air quality standards.
Wisconsin also revised its incorporation
by reference rule to update references to
the EPA monitoring methods.
(i) * * *
(B) NR 404.04 Ambient Air Quality
Standards. NR 404.04(8) ‘‘PM10:
PRIMARY AND SECONDARY
STANDARDS.’’ as published in the
Wisconsin Administrative Register,
September 2009, No. 645, effective
October 1, 2009.
(C) NR 404.04 Ambient Air Quality
Standards. NR 404.04(9) ‘‘PM2.5.’’ as
published in the Wisconsin
Administrative Register, December
2017, No. 744, effective January 1, 2018.
(ii) * * *
(B) NR 484.04 Code of federal
regulations appendices. NR 484.04(6) in
Table 2, as published in the Wisconsin
Administrative Register, September
2009, No. 645, effective October 1, 2009.
(C) NR 484.04 Code of federal
regulations appendices. NR 484.04(6g)
and NR 484.04(6r) in Table 2, as
published in the Wisconsin
Administrative Register, December
2017, No. 744, effective January 1, 2018.
*
*
*
*
*
[FR Doc. 2018–20038 Filed 9–14–18; 8:45 am]
BILLING CODE 6560–50–P
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49 CFR Part 228
[Docket No. FRA–2012–0101]
RIN 2130–AC41
Hours of Service Recordkeeping;
Automated Recordkeeping; Correction
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Correcting amendment.
AGENCY:
On August 29, 2018, FRA
published a final rule to reduce the
paperwork burden associated with
compliance with Federal hours of
service laws and regulations. In
preparing that final rule for publication,
a technical error was made as described
in the Supplementary Information. FRA
is correcting this minor error so that the
final rule clearly conforms to FRA’s
intent.
SUMMARY:
DATES:
Effective on September 17, 2018.
FOR FURTHER INFORMATION CONTACT:
Emily T. Prince, Attorney-Adviser,
Office of Chief Counsel, FRA, 1200 New
Jersey Avenue SE, Washington, DC
20590 (telephone 202–493–6146),
emily.prince@dot.gov.
SUPPLEMENTARY INFORMATION: In the
final rule, FRA failed to include an
instruction amending 49 CFR 228.201 to
include new paragraph (c). See 83 FR
43988. Paragraph (c) was discussed in
the section-by-section analysis and
properly published as new rule text, but
was not properly included in an
amendatory instruction. This correction
remedies that oversight to ensure that
the codified text of the section matches
the text FRA intended.
List of Subjects in 49 CFR Part 228
Administrative practice and
procedures, Buildings and facilities,
Hazardous materials transportation,
Noise control, Penalties, Railroad
employees, Railroad safety, Reporting
and recordkeeping requirements.
The Rule
For the reasons discussed in the
preamble, FRA amends part 228 of
chapter II, subtitle B of title 49, Code of
Federal Regulations, as follows:
PART 228—PASSENGER TRAIN
EMPLOYEE HOURS OF SERVICE;
RECORDKEEPING AND REPORTING;
SLEEPING QUARTERS
1. The authority citation for part 228
continues to read as follows:
■
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]]>Agencies
[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Rules and Regulations]
[Pages 46882-46884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20038]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0008; FRL-9982-61--Region 5]
Air Plan Approval; Wisconsin; Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
January 4, 2018, request by the Wisconsin Department of Natural
Resources (Wisconsin) to revise its state implementation plan (SIP) for
fine particulate matter (PM2.5). Wisconsin updated its
ambient air quality standards for PM2.5 to be consistent
with EPA's 2012 revision to the PM2.5 national ambient air
quality standards (NAAQS). Wisconsin also revised its incorporation by
reference rule to update references to the EPA monitoring methods.
[[Page 46883]]
DATES: This final rule is effective on October 17, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0008. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Matt Rau, Environmental Engineer, at (312) 886-6524
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, [email protected].
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. Public Comment
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On January 15, 2013, EPA revised the primary (protective of human
health) annual PM2.5 NAAQS to a level of 12.0 micrograms per
cubic meter ([mu]g/m\3\). 40 CFR 50.18. EPA also retained the annual
PM2.5 secondary (protective of public welfare) NAAQS set at
a level of 15.0 [mu]g/m\3\, along with the 24-hour primary and
secondary NAAQS for PM2.5 at a level of 35 [mu]g/m\3\. 40
CFR 50.13.
Wisconsin revised its ambient air quality rules in chapter NR 404
such that its PM2.5 standards are consistent with EPA's
revision. Wisconsin modified NR 404.04(9) by splitting the
PM2.5 standards into separate sections for the primary and
secondary standards. Wisconsin added NR 404.04(9)(am) for the primary
PM2.5 standard and NR 404.04(9)(bm) for the secondary
PM2.5 standard. In NR 404.04(9)(am), the primary annual
PM2.5 standard was revised from 15.0 to 12.0 [mu]g/m\3\ with
the 24-hour primary PM2.5 standard remaining at 35 [mu]g/
m\3\. Wisconsin retained the current secondary standard, 15.0 [mu]g/
m\3\ annual and 35 [mu]g/m\3\ 24-hour, in the new NR 404.04(9)(bm).
Wisconsin also included monitoring method requirements in both NR
404.04(9)(am) and (bm). The ambient PM2.5 is to be measured
by the methods of 40 CFR part 50, appendices L and N, for both
standards. 40 CFR part 50, appendix L, is the Reference Method for the
Determination of Fine Particulate Matter as PM2.5 in the
Atmosphere, while 40 CFR part 50, appendix N, is the Interpretation of
the NAAQS for PM2.5.
Wisconsin also revised its incorporation by reference rules in
chapter NR 484. Wisconsin altered NR 484.04(6g) and NR 484.04(6r). The
State amended NR 484.04(6g) by incorporating by reference 40 CFR part
50, appendix L, Reference Method for the Determination of Particulate
Matter as PM2.5 in the Atmosphere, into NR 404.04(9). The
State amended NR 484.04(6r) by incorporating by reference 40 CFR part
50, appendix N, Interpretation of the NAAQS for PM2.5, into
NR 404.04(9).
II. Public Comment
A comment period was provided in the May 25, 2018, proposed rule
(83 FR 24257). The comment period closed on June 25, 2018. One
anonymous comment was received that is irrelevant to the scope of this
rulemaking and therefore, need not be addressed.
III. What action is EPA taking?
EPA is approving revisions to NR 404.04(9), NR 484.04(6g), and NR
484.04(6r), as submitted on January 4, 2018. The revisions to the
ambient air quality standards and the incorporation by reference rules
make Wisconsin's standards consistent with 2012 PM2.5 NAAQS.
IV. 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).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act.
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 Clean Air Act; 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).
[[Page 46884]]
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 November 16, 2018. 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 Clean Air Act 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.
Dated: August 8, 2018.
Cathy Stepp,
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.
Subpart YY--Wisconsin
0
2. Section 52.2570 is amended by revising paragraphs (c)(121)
introductory text and (c)(121)(i)(B), adding paragraph (c)(121)(i)(C),
revising paragraph (c)(121)(ii)(B), and adding paragraph
(c)(121)(ii)(C) to read as follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(121) On September 11, 2009, the Wisconsin Department of Natural
Resources (WDNR) submitted a State Implementation Plan (SIP) revision
request. The State's ambient air quality standards were revised by
adding fine particulate matter, PM2.5, standards and
revising the coarse particulate matter, PM10, standards.
Wisconsin added annual and 24-hour PM2.5 standards. It also
revoked the annual PM10 ambient air quality standard while
retaining the 24-hour PM10 standard. On January 4, 2018, the
WDNR submitted a SIP revision request updating its ambient air quality
standards for fine particulate matter to be consistent with EPA's 2012
revisions to the fine particulate matter national ambient air quality
standards. Wisconsin also revised its incorporation by reference rule
to update references to the EPA monitoring methods.
(i) * * *
(B) NR 404.04 Ambient Air Quality Standards. NR 404.04(8)
``PM10: PRIMARY AND SECONDARY STANDARDS.'' as published in
the Wisconsin Administrative Register, September 2009, No. 645,
effective October 1, 2009.
(C) NR 404.04 Ambient Air Quality Standards. NR 404.04(9)
``PM2.5.'' as published in the Wisconsin Administrative
Register, December 2017, No. 744, effective January 1, 2018.
(ii) * * *
(B) NR 484.04 Code of federal regulations appendices. NR 484.04(6)
in Table 2, as published in the Wisconsin Administrative Register,
September 2009, No. 645, effective October 1, 2009.
(C) NR 484.04 Code of federal regulations appendices. NR 484.04(6g)
and NR 484.04(6r) in Table 2, as published in the Wisconsin
Administrative Register, December 2017, No. 744, effective January 1,
2018.
* * * * *
[FR Doc. 2018-20038 Filed 9-14-18; 8:45 am]
BILLING CODE 6560-50-P
