Air Plan Approval; Wisconsin; Permit Streamlining Updates, 11957-11959 [2022-04071]
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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations
Missions. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
40 CFR Part 52
Paragraph 6004 Class E Airspace Areas
Designated as an Extension to a Class D or
Class E Surface Area.
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ANM OR E4
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[EPA–R05–OAR–2020–0504; FRL–9202–02–
R5]
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Air Plan Approval; Wisconsin; Permit
Streamlining Updates
North Bend, OR [New]
Southwest Oregon Regional Airport, OR
(Lat. 43°25′01″ N, long. 124°14′49″ W)
That airspace upward from the surface
within 3.6 miles north and 3.5 miles south
of the 092° bearing from the airport,
extending from the Southwest Oregon
Regional Airport Class D 4.2-mile radius to
11.7 miles east of the airport, and within 2.0
miles southeast and 2.1 miles northwest of
the 242° bearing from the airport, extending
from the Class D 4.2-mile radius to 9.4 miles
southwest of the airport.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
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ANM OR E5
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North Bend, OR [Amended]
Southwest Oregon Regional Airport, OR
(Lat. 43°25′01″ N, long. 124°14′49″ W)
That airspace extending upward from 700
feet above the surface within a 9-mile radius
of the airport, and within 2.0 miles northwest
and 2.6 miles southeast of the 058° bearing
from the airport, extending from the 9-mile
radius to 10.4 miles northeast of the airport,
and within 3.8 miles north and 3.7 miles
south of the 92° bearing from the airport,
extending from the 9-mile radius to 12.7
miles east of the airport, and within 1.9 miles
each side of the 149° bearing from the airport,
extending from the 9-mile radius to 12.1
miles southeast of the airport, and within 3.0
miles each side of the 199° bearing from the
airport, extending from the 9-mile radius to
15 miles south of the airport, and within 8.1
miles southeast and 3.9 miles northwest of
the 241° bearing from the airport, extending
from the 9-mile radius to 19.2 miles
southwest of the airport, and within 3.3 miles
each side of the 275° bearing from the airport,
extending from the 9-mile radius to 12.1
miles west of the airport.
Issued in Des Moines, Washington, on
February 24, 2022.
B.G. Chew,
Acting Group Manager, Operations Support
Group, Western Service Center.
[FR Doc. 2022–04326 Filed 3–2–22; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing an approval
of revisions to the Wisconsin State
Implementation Plan (SIP). These
changes include defining and removing
terms, creating a more streamlined
process for permit applications and
reports submitted electronically, and
clarifying rules to create a more efficient
permit issuance process. Approving this
revision also makes Wisconsin rules
consistent with Federal rules.
DATES: This final rule is effective on
April 4, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2020–0504. 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 and
facility closures due to COVID–19. We
recommend that you telephone Susan
Kraj, Environmental Engineer, at (312)
353–2654 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Susan Kraj, Environmental Engineer,
Air Permits Section, Air Programs
Branch (AR18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312)353–2654, kraj.susan@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
SUMMARY:
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11957
I. Background
This final rule addresses the April 6,
2021, SIP revisions submitted by the
Wisconsin Department of Natural
Resources (WDNR). This submittal
includes revisions to the definitions in
Chapter NR 400, to the minor
construction permit program in Chapter
NR 406, and to the operating permit
program in Chapter NR 407.
Specifically, Wisconsin is requesting to
repeal NR 406.03(1e)(a), (b), and (j), NR
406.04(1f)(c) and (Note), NR
407.02(6)(a)3.(Note), NR 407.11(1)(e)
and (3)(c), and NR 407.12(1)(b)(Note)
and (e); and to amend and create NR
400.02(130), (136m), (136r), and (162),
NR 406.02(6), NR 406.03(1e), (1m), and
(2)(b), NR 406.04(1)(a)4m., (bm), (i), (m),
(zg), (1f), (1k), (1q), (2)(h), (4)(a), (b),
(e)3., (h), (j), and (7), NR 406.17(3)(d),
NR 407.03(1)(intro.), (a), (bm), (1m),
(2)(ba), (f) and (g), NR 407.05(2) and (6),
NR 407.105(3)(b), and NR 407.15(5).
On December 6, 2021, EPA published
a notice of proposed rulemaking
(NPRM) proposing approval of
Wisconsin’s April 6, 2021, submittal (86
FR 68954). The specific details of these
SIP revisions and the rationale for EPA’s
proposed approval are discussed in the
NPRM and will not be restated here.
The NPRM provided a 30-day public
comment period which ended on
January 5, 2022.
No comments were received on the
proposed rule during the public
comment process.
II. What action is EPA taking?
For the reasons set forth in the
proposed rulemaking, EPA is approving
the requested revisions to Wisconsin’s
SIP as submitted on April 6, 2021.
These revisions were included in the
certified Board Order AM–24–12b and
published in the Wisconsin
Administrative Register #777 on
September 28, 2020.
III. 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).
Also in this document, as described in
the proposed amendments to 40 CFR
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part 52 set forth below, EPA is
proposing to remove provisions of the
EPA-Approved Wisconsin Regulations
from the Wisconsin SIP, which is
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act (Act), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the 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);
• 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 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
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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 Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 2, 2022. 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,
Reporting and recordkeeping
requirements.
Dated: February 22, 2022.
Debra Shore,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.2570 is amended by:
a. Revising paragraphs (c)(76)(i)(A)
and adding (c)(76)(i)(B);
■ b. Revising (c)(120)(i)(B); and
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c. Adding paragraph (c)(145).
The additions and revisions read as
follows:
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§ 52.2570
Identification of plan.
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(c) * * *
(76) * * *
(i) * * *
(A) NR 407—Wisconsin
Administrative Code, Operating
Permits, Effective date January 1, 1994.
Sections NR 407.11(3)(c) and NR
407.12(1)(b)(Note) were rescinded in
2020 and are removed without
replacement; see paragraph (c)(145) of
this section.
(B) [Reserved].
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(120) * * *
(i) * * *
(B) NR 406.04 Direct sources exempt
from construction permit requirements.
NR 406.04(1f) and NR 406.04(1k), as
published in the Wisconsin
Administrative Register, June 30, 2007,
No. 618, effective July 1, 2007. Sections
NR 406.04(1f)(c) and (Note) were
rescinded in 2020 and are removed
without replacement; see paragraph
(c)(145) of this section.
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(145) On April 6, 2021, WDNR
submitted a request to revise portions of
its Air Pollution Control Definitions,
Minor Construction Permit Program,
and Operating Permit Program. The
changes include defining and removing
terms, creating a more streamlined
process for permit applications and
reports submitted electronically, and
clarifying rules to create a more efficient
permit issuance process. WDNR
submitted revisions to its rules NR 400,
NR 406 and NR 407 of the Wisconsin
Administrative Code.
(i) Incorporation by reference. (A)
Wisconsin Administrative Code, NR 400
Air Pollution Control Definitions. NR
400.02(130); NR 400.02(136m), (136r),
(162), as published in the Wisconsin
Register, September 2020, No. 777,
effective October 1, 2020.
(B) Wisconsin Administrative Code,
NR 406 Construction Permits. NR
406.02(6); NR 406.03(1e), (1m), and
(2)(b); NR 406.04(1)(a)4m., (bm), (i),
(m)), (zg), (1f), (1k), (1q), (2)(h), (4)(a),
(b), (e), (h), (j), and (7); NR 406.17(3)(d),
as published in the Wisconsin Register,
September 2020, No. 777, effective
October 1, 2020.
(C) Wisconsin Administrative Code,
NR 407 Operation Permits. NR
407.03(1)(intro.), (a), (bm), (1m), (2)(ba),
(f) and (g); NR 407.05(2) and (6); NR
407.105(3)(b); and NR 407.15(5), as
published in the Wisconsin Register,
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September 2020, No. 777, effective
October 1, 2020.
(ii) [Reserved].
[FR Doc. 2022–04071 Filed 3–2–22; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0606; FRL–9176–02–
R3]
Air Plan Approval; Virginia; Revision to
the Classification and Implementation
of the 2015 Ozone National Ambient
Air Quality Standard for the Northern
Virginia Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Virginia. This revision consists of an
amendment to an existing regulation
which adds a new section listing the
localities that comprise the Northern
Virginia ozone nonattainment area,
which is classified as marginal for the
2015 8-hour ozone national ambient air
quality standard (NAAQS). EPA is
approving this revision to the Virginia
SIP in accordance with the requirements
of the Clean Air Act (CAA).
DATES: This final rule is effective on
April 4, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2021–0606. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Serena Nichols, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
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SUMMARY:
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11959
814–2053. Ms. Nichols can also be
reached via electronic mail at
Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION:
subsection listing the localities that
comprise the Northern Virginia ozone
nonattainment area for the 2015 8-hour
ozone NAAQS.
I. Background
On December 15, 2021 (86 FR 71214),
EPA published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Virginia. In the
NPRM, EPA proposed approval of
Virginia’s amendment to an existing
regulation by adding a new section
listing the localities that comprise the
Northern Virginia ozone nonattainment
area. This revision is needed for the
Commonwealth to implement the 2015
8-hour ozone NAAQS in the Northern
Virginia ozone nonattainment area. The
formal SIP revision was submitted by
the Commonwealth of Virginia through
the Virginia Department of
Environmental Quality (VADEQ) on
August 28, 2020.
IV. General Information Pertaining to
SIP Submittals From the
Commonwealth of Virginia
II. Summary of SIP Revision and EPA
Analysis
Virginia’s August 28, 2020 SIP
revision consists of an amendment to an
existing regulation which adds a new
section listing the localities that
comprise the Northern Virginia ozone
nonattainment area, which is classified
as marginal for the 2015 ozone NAAQS.
The amendments revise the Virginia
Administrative Code (VAC), specifically
9VAC5–20–204 (Nonattainment areas)
subsection A, which geographically
defines the nonattainment areas by
locality for the criteria pollutants
indicated. The amendments are
necessary for implementation of the
2015 ozone NAAQS. The added
subdivision, 9VAC5–20–204 A 4,
defines the Northern Virginia marginal
ozone nonattainment area for the 2015
8-hour ozone standard as including the
following areas: Arlington County,
Fairfax County, Loudoun County, Prince
William County, Alexandria City,
Fairfax City, Falls Church City,
Manassas City, and Manassas Park City.
A reference is also added to 40 CFR
51.1303(a), which pertains to the
application of classification and
attainment date provisions for areas
designated nonattainment for the 2015
8-hour ozone NAAQS.
Other specific requirements of
VADEQ’s August 28, 2020 submittal and
the rationale for EPA’s proposed action
are explained in the NPRM and will not
be restated here. No public comments
were received on the NPRM.
III. Final Action
EPA is approving, as a SIP revision,
the Commonwealth of Virginia’s August
28, 2020 submittal revising the
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In 1995, Virginia adopted legislation
that provides, subject to certain
conditions, for an environmental
assessment (audit) ‘‘privilege’’ for
voluntary compliance evaluations
performed by a regulated entity. The
legislation further addresses the relative
burden of proof for parties either
asserting the privilege or seeking
disclosure of documents for which the
privilege is claimed. Virginia’s
legislation also provides, subject to
certain conditions, for a penalty waiver
for violations of environmental laws
when a regulated entity discovers such
violations pursuant to a voluntary
compliance evaluation and voluntarily
discloses such violations to the
Commonwealth and takes prompt and
appropriate measures to remedy the
violations. Virginia’s Voluntary
Environmental Assessment Privilege
Law, Va. Code Sec. 10.1–1198, provides
a privilege that protects from disclosure
documents and information about the
content of those documents that are the
product of a voluntary environmental
assessment. The Privilege Law does not
extend to documents or information
that: (1) Are generated or developed
before the commencement of a
voluntary environmental assessment; (2)
are prepared independently of the
assessment process; (3) demonstrate a
clear, imminent and substantial danger
to the public health or environment; or
(4) are required by law.
On January 12, 1998, the
Commonwealth of Virginia Office of the
Attorney General provided a legal
opinion that states that the Privilege
law, Va. Code Sec. 10.1–1198, precludes
granting a privilege to documents and
information ‘‘required by law,’’
including documents and information
‘‘required by Federal law to maintain
program delegation, authorization or
approval,’’ since Virginia must ‘‘enforce
Federally authorized environmental
programs in a manner that is no less
stringent than their Federal
counterparts. . . .’’ The opinion
concludes that ‘‘[r]egarding § 10.1–1198,
therefore, documents or other
information needed for civil or criminal
enforcement under one of these
programs could not be privileged
because such documents and
information are essential to pursuing
enforcement in a manner required by
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Agencies
[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Rules and Regulations]
[Pages 11957-11959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04071]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0504; FRL-9202-02-R5]
Air Plan Approval; Wisconsin; Permit Streamlining Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing an
approval of revisions to the Wisconsin State Implementation Plan (SIP).
These changes include defining and removing terms, creating a more
streamlined process for permit applications and reports submitted
electronically, and clarifying rules to create a more efficient permit
issuance process. Approving this revision also makes Wisconsin rules
consistent with Federal rules.
DATES: This final rule is effective on April 4, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2020-0504. 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 and facility
closures due to COVID-19. We recommend that you telephone Susan Kraj,
Environmental Engineer, at (312) 353-2654 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Susan Kraj, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312)353-2654, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
This final rule addresses the April 6, 2021, SIP revisions
submitted by the Wisconsin Department of Natural Resources (WDNR). This
submittal includes revisions to the definitions in Chapter NR 400, to
the minor construction permit program in Chapter NR 406, and to the
operating permit program in Chapter NR 407. Specifically, Wisconsin is
requesting to repeal NR 406.03(1e)(a), (b), and (j), NR 406.04(1f)(c)
and (Note), NR 407.02(6)(a)3.(Note), NR 407.11(1)(e) and (3)(c), and NR
407.12(1)(b)(Note) and (e); and to amend and create NR 400.02(130),
(136m), (136r), and (162), NR 406.02(6), NR 406.03(1e), (1m), and
(2)(b), NR 406.04(1)(a)4m., (bm), (i), (m), (zg), (1f), (1k), (1q),
(2)(h), (4)(a), (b), (e)3., (h), (j), and (7), NR 406.17(3)(d), NR
407.03(1)(intro.), (a), (bm), (1m), (2)(ba), (f) and (g), NR 407.05(2)
and (6), NR 407.105(3)(b), and NR 407.15(5).
On December 6, 2021, EPA published a notice of proposed rulemaking
(NPRM) proposing approval of Wisconsin's April 6, 2021, submittal (86
FR 68954). The specific details of these SIP revisions and the
rationale for EPA's proposed approval are discussed in the NPRM and
will not be restated here. The NPRM provided a 30-day public comment
period which ended on January 5, 2022.
No comments were received on the proposed rule during the public
comment process.
II. What action is EPA taking?
For the reasons set forth in the proposed rulemaking, EPA is
approving the requested revisions to Wisconsin's SIP as submitted on
April 6, 2021. These revisions were included in the certified Board
Order AM-24-12b and published in the Wisconsin Administrative Register
#777 on September 28, 2020.
III. 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).
Also in this document, as described in the proposed amendments to
40 CFR
[[Page 11958]]
part 52 set forth below, EPA is proposing to remove provisions of the
EPA-Approved Wisconsin Regulations from the Wisconsin SIP, which is
incorporated by reference in accordance with the requirements of 1 CFR
part 51.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act (Act), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the 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);
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 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).
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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 2, 2022. 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, Reporting and recordkeeping
requirements.
Dated: February 22, 2022.
Debra Shore,
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:
0
a. Revising paragraphs (c)(76)(i)(A) and adding (c)(76)(i)(B);
0
b. Revising (c)(120)(i)(B); and
0
c. Adding paragraph (c)(145).
The additions and revisions read as follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(76) * * *
(i) * * *
(A) NR 407--Wisconsin Administrative Code, Operating Permits,
Effective date January 1, 1994. Sections NR 407.11(3)(c) and NR
407.12(1)(b)(Note) were rescinded in 2020 and are removed without
replacement; see paragraph (c)(145) of this section.
(B) [Reserved].
* * * * *
(120) * * *
(i) * * *
(B) NR 406.04 Direct sources exempt from construction permit
requirements. NR 406.04(1f) and NR 406.04(1k), as published in the
Wisconsin Administrative Register, June 30, 2007, No. 618, effective
July 1, 2007. Sections NR 406.04(1f)(c) and (Note) were rescinded in
2020 and are removed without replacement; see paragraph (c)(145) of
this section.
* * * * *
(145) On April 6, 2021, WDNR submitted a request to revise portions
of its Air Pollution Control Definitions, Minor Construction Permit
Program, and Operating Permit Program. The changes include defining and
removing terms, creating a more streamlined process for permit
applications and reports submitted electronically, and clarifying rules
to create a more efficient permit issuance process. WDNR submitted
revisions to its rules NR 400, NR 406 and NR 407 of the Wisconsin
Administrative Code.
(i) Incorporation by reference. (A) Wisconsin Administrative Code,
NR 400 Air Pollution Control Definitions. NR 400.02(130); NR
400.02(136m), (136r), (162), as published in the Wisconsin Register,
September 2020, No. 777, effective October 1, 2020.
(B) Wisconsin Administrative Code, NR 406 Construction Permits. NR
406.02(6); NR 406.03(1e), (1m), and (2)(b); NR 406.04(1)(a)4m., (bm),
(i), (m)), (zg), (1f), (1k), (1q), (2)(h), (4)(a), (b), (e), (h), (j),
and (7); NR 406.17(3)(d), as published in the Wisconsin Register,
September 2020, No. 777, effective October 1, 2020.
(C) Wisconsin Administrative Code, NR 407 Operation Permits. NR
407.03(1)(intro.), (a), (bm), (1m), (2)(ba), (f) and (g); NR 407.05(2)
and (6); NR 407.105(3)(b); and NR 407.15(5), as published in the
Wisconsin Register,
[[Page 11959]]
September 2020, No. 777, effective October 1, 2020.
(ii) [Reserved].
[FR Doc. 2022-04071 Filed 3-2-22; 8:45 am]
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