Air Plan Approval; Wisconsin; PSD and Nonattainment NSR Rule Clarifications, 71295-71296 [2020-24776]

Download as PDF Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Proposed Rules comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.’’ The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as ‘‘confidential.’’ Any information marked as ‘‘confidential’’ will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA’s posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https:// www.govinfo.gov/content/pkg/FR-201509-18/pdf/2015-23389.pdf. Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https:// www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240–402–7500. FOR FURTHER INFORMATION CONTACT: Samir Assar, Center for Food Safety and Applied Nutrition (HFS–317), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240–402–1636. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with PROPOSALS I. Background In the Federal Register of August 10, 2020 (85 FR 48124), we published a notification entitled ‘‘Request for Information and Comments on Consumption of Certain Uncommon Produce Commodities in the United States.’’ This action opened a docket with a 90-day comment period to receive information and comments related to certain produce commodities with no or low reported consumption in the database relied on to create the list of rarely consumed raw commodities that are exempt from the Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human VerDate Sep<11>2014 16:13 Nov 06, 2020 Jkt 253001 Consumption (21 CFR part 112) (produce safety regulation). FDA has received a request for a 60day extension for this comment period in order to allow additional time for interested persons to develop and submit data, information, and/or comments for this Request for Information. We have concluded that it is reasonable to extend for 60 days the comment period for this Request for Information. The Agency believes that this extension allows adequate time for any interested persons to submit data, information, and/or comments for this Request for Information. Dated: November 3, 2020. Lauren K. Roth, Acting Principal Associate Commissioner for Policy. [FR Doc. 2020–24806 Filed 11–6–20; 8:45 am] BILLING CODE 4164–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2008–0784; FRL–10011– 77–Region 5] Air Plan Approval; Wisconsin; PSD and Nonattainment NSR Rule Clarifications Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Wisconsin state implementation plan (SIP), submitted by the Wisconsin Department of Natural Resources (WDNR) on September 30, 2008. The revision updates the definition of ‘‘Replacement Unit’’ and clarifies a component of the emission calculation used to determine emissions under a plantwide applicability limitation (PAL) in the Wisconsin Administrative Code. Approving this revision makes Wisconsin rules consistent with Federal rules. DATES: Comments must be received on or before December 9, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2008–0784 at https:// www.regulations.gov, or via email to damico.genevieve@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. SUMMARY: PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 71295 Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Michael Cloyd, Air Permits Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886–1474, Cloyd.Michael@epa.gov. The EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays and facility closures due to COVID 19. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. I. Review of Wisconsin’s Submittal This action proposes to approve the request EPA received on September 30, 2008 from WDNR to incorporate changes made by EPA to 40 CFR parts 51 and 52, effective on January 6, 2004 (68 FR 63021). As a result of petitions for reconsideration, EPA added two clarifications of underlying rules. EPA updated the definition of ‘‘Replacement Unit’’ to clarify that a replacement unit is reconstructed or takes the place completely of the unit being replaced, the replacement unit is functionally identical to the old unit, a replacement unit cannot change the design parameters of the existing process, and the replaced unit has to be permanently removed or rendered permanently unusable. In addition, EPA clarified that the PAL baseline calculation procedures for newly constructed units do not apply to modified units. Modified or existing units are not considered newly constructed units and therefore do not need to be added to the PAL level for the 24-month emissions period. E:\FR\FM\09NOP1.SGM 09NOP1 71296 Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Proposed Rules Wisconsin’s submittal includes revisions to its SIP to incorporate these changes. Wisconsin’s rules are consistent with the January 6, 2004 definition of ‘‘Replacement Unit’’ and clarification of calculations for PAL (November 7, 2003, 68 FR 63021). II. What action is EPA taking? EPA is proposing to approve updates and revisions to Wisconsin’s air quality SIP. Specifically, EPA is proposing to approve updates to the definition of ‘‘Replacement Unit’’ under NR 405.02(12)(b), NR405.02(25k), and NR 408.02(29s), and is approving a revision to a component of the emission calculation used to determine emissions under a PAL under NR 405.18(6)(e) and NR 408.11(6)(e). III. Incorporation by Reference In this rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Wisconsin Administrative Code provisions NR 405.02(12)(b), 405.18(6)(e), NR 405.02(25k), NR 408.02(29s) and NR 408.11(6)(e), as published in the Wisconsin Register, July, 2008, No. 631 and state effective August 1, 2008. 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). khammond on DSKJM1Z7X2PROD with PROPOSALS VI. 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 VerDate Sep<11>2014 16:13 Nov 06, 2020 Jkt 253001 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). 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations. Dated: November 3, 2020. Kurt Thiede, Regional Administrator, Region 5. PO 00000 Frm 00023 Fmt 4702 47 CFR Parts 5, 25, 97 [IB Docket No. 18–313; Report No. 3158; FRS 17196] Petitions for Reconsideration of Action in Proceedings Federal Communications Commission. ACTION: Petitions for reconsideration. AGENCY: Petitions for Reconsideration (Petitions) have been filed in the Commission’s proceeding by David Goldman, on behalf of Space Exploration Technologies Corp.; Audrey L. Allison, on behalf of The Boeing Company; Jennifer A. Manner, on behalf of EchoStar Satellite Services, LLC and Hughes Network Services, LLC; Mike Safyan, on behalf of Planet Labs Inc.; Ananda Martin, on behalf of Spire Global, Inc.; Elisabeth Neasmith, on behalf of Telesat Canada; and Julie Zoller, et al., on behalf of Kuiper Systems, Inc. DATES: Oppositions to the Petitions must be filed on or before November 24, 2020. Replies to an opposition must be filed on or before December 4, 2020. ADDRESSES: Federal Communications Commission, 445 12th Street SW, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Merissa Velez, International Bureau, Satellite Division, (202) 418–0751. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s document, Report No. 3158, released October 6, 2020. Petitions may be accessed online via the Commission’s Electronic Comment Filing System at: https://apps.fcc.gov/ecfs/. The Commission will not send a Congressional Review Act (CRA) submission to Congress or the Government Accountability Office pursuant to the CRA, 5 U.S.C. 801(a)(1)(A), because no rules are being adopted by the Commission. Subject: Mitigation of Orbital Debris in the New Space Age, FCC 20–54, published 85 FR 52422, August 25, 2020, in IB Docket No. 18–313. This document is being published pursuant to 47 CFR 1.429(e). See also 47 CFR 1.4(b)(1) and 1.429(f), (g). Number of Petitions Filed: 3. SUMMARY: Federal Communications Commission. Cecilia Sigmund, Federal Register Liaison. [FR Doc. 2020–24776 Filed 11–6–20; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION [FR Doc. 2020–24731 Filed 11–6–20; 8:45 am] BILLING CODE 6712–01–P Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1

Agencies

[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Proposed Rules]
[Pages 71295-71296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24776]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0784; FRL-10011-77-Region 5]


Air Plan Approval; Wisconsin; PSD and Nonattainment NSR Rule 
Clarifications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Wisconsin state implementation plan (SIP), 
submitted by the Wisconsin Department of Natural Resources (WDNR) on 
September 30, 2008. The revision updates the definition of 
``Replacement Unit'' and clarifies a component of the emission 
calculation used to determine emissions under a plantwide applicability 
limitation (PAL) in the Wisconsin Administrative Code. Approving this 
revision makes Wisconsin rules consistent with Federal rules.

DATES: Comments must be received on or before December 9, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0784 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Michael Cloyd, Air Permits Section, 
Air Programs Branch (AR-18J), Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886-1474, 
[email protected]. The EPA Region 5 office is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding Federal holidays and 
facility closures due to COVID 19.

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

I. Review of Wisconsin's Submittal

    This action proposes to approve the request EPA received on 
September 30, 2008 from WDNR to incorporate changes made by EPA to 40 
CFR parts 51 and 52, effective on January 6, 2004 (68 FR 63021). As a 
result of petitions for reconsideration, EPA added two clarifications 
of underlying rules. EPA updated the definition of ``Replacement Unit'' 
to clarify that a replacement unit is reconstructed or takes the place 
completely of the unit being replaced, the replacement unit is 
functionally identical to the old unit, a replacement unit cannot 
change the design parameters of the existing process, and the replaced 
unit has to be permanently removed or rendered permanently unusable. In 
addition, EPA clarified that the PAL baseline calculation procedures 
for newly constructed units do not apply to modified units. Modified or 
existing units are not considered newly constructed units and therefore 
do not need to be added to the PAL level for the 24-month emissions 
period.

[[Page 71296]]

    Wisconsin's submittal includes revisions to its SIP to incorporate 
these changes. Wisconsin's rules are consistent with the January 6, 
2004 definition of ``Replacement Unit'' and clarification of 
calculations for PAL (November 7, 2003, 68 FR 63021).

II. What action is EPA taking?

    EPA is proposing to approve updates and revisions to Wisconsin's 
air quality SIP. Specifically, EPA is proposing to approve updates to 
the definition of ``Replacement Unit'' under NR 405.02(12)(b), 
NR405.02(25k), and NR 408.02(29s), and is approving a revision to a 
component of the emission calculation used to determine emissions under 
a PAL under NR 405.18(6)(e) and NR 408.11(6)(e).

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Wisconsin Administrative Code provisions NR 405.02(12)(b), 
405.18(6)(e), NR 405.02(25k), NR 408.02(29s) and NR 408.11(6)(e), as 
published in the Wisconsin Register, July, 2008, No. 631 and state 
effective August 1, 2008. 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 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).
    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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations.

    Dated: November 3, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-24776 Filed 11-6-20; 8:45 am]
BILLING CODE 6560-50-P
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