Air Plan Approval; Wisconsin; SIP Alignment Revision, 42829-42832 [2024-10539]
Download as PDF
<![CDATA[
42829
Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
(NextGen) Transition to PerformanceBased Navigation (PBN) (Plan for
Establishing a VOR Minimum
Operational Network),’’ published in the
Federal Register on July 26, 2016 (81 FR
48694), Docket No. FAA–2011–1082.
Although the VOR portion of the
Mankato, KS, VORTAC is planned for
decommissioning, the co-located
Tactical Air Navigation (TACAN)
portion of the NAVAID is being
retained. The TACAN would continue
to provide navigational service for
military operations and Distance
Measuring Equipment (DME) service
supporting current and future NextGen
PBN flight procedure requirements.
The VOR Federal airways affected by
the Mankato VOR decommissioning are
V–216, V–380, V–549, and V–551. With
the planned decommissioning of the
Mankato VOR, the remaining groundbased NAVAID coverage in the area is
insufficient to enable the continuity of
the affected airways. As such, proposed
modifications to V–216 would result in
an existing gap in the airway being
expanded; to V–380 would result in the
airway being shortened; and to V–549
and V–551 would result in the airways
being revoked.
To address the proposed
modifications to the affected VOR
Federal airways, pilots operating under
instrument flight rules (IFR) may
circumnavigate or fly through the
affected area by requesting air traffic
control (ATC) radar vectors since there
are no alternate conventional airways
available in the area. Additionally,
pilots operating aircraft equipped with
area navigation (RNAV) capabilities
could navigate through the affected area
point-to-point using the existing Fixes
and waypoints (WP) that would remain
in place or by using RNAV routes T–
413, T–431, or T–468. Pilots operating
under visual flight rules who elect to
navigate via the affected VOR Federal
airways may also take advantage of the
ATC services and RNAV routes, if
properly equipped, listed previously.
The Proposal
The FAA is proposing to amend 14
CFR part 71 by amending VOR Federal
Airways V–216 and V–380, and
revoking VOR Federal Airways V–549
and V–551. The FAA is proposing this
action due to the planned
decommissioning of the VOR portion of
the Mankato, KS, VORTAC. The
proposed airway actions are described
below.
V–216: V–216 currently extends
between the Lamar, CO, VOR/Distance
Measuring Equipment (VOR/DME) and
the Mankato, KS, VORTAC; and
between the Lamoni, IA, VOR/DME and
VerDate Sep<11>2014
17:04 May 15, 2024
Jkt 262001
the Janesville, WI, VOR/DME. The FAA
proposes to remove the airway segment
between the Hill City, KS, VORTAC and
the Mankato VORTAC. As amended, the
airway would be changed to extend
between the Lamar VOR/DME and the
Hill City VORTAC, and between the
Lamoni VOR/DME and the Janesville
VOR/DME. Additional amendments to
the airway have been proposed in a
separate rulemaking action.
V–380: V–380 currently extends
between the Grand Island, NE, VOR/
DME and the Mankato, KS, VORTAC.
The FAA proposes to remove the airway
segment between the Hastings, NE,
VOR/DME and the Mankato VORTAC.
As amended, the airway would be
changed to extend between the Grand
Island VOR/DME and the Hastings
VOR/DME. Additional amendments to
the airway have been proposed in a
separate rulemaking action.
V–549: V–549 currently extends
between the Hays, KS, VORTAC and the
Mankato, KS, VORTAC. The FAA
proposes to remove the airway in its
entirety.
V–551: V–551 currently extends
between the Salina, KS, VORTAC and
the Mankato, KS, VORTAC. The FAA
proposes to remove the airway in its
entirety.
The NAVAID radials listed in the V–
216 description in the proposed
regulatory text of this NPRM are
unchanged and stated in degrees True
north.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as
the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11H,
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
■
Paragraph 6010(a)
Airways
*
*
*
Domestic VOR Federal
*
*
V–216 [Amended]
From Lamar, CO; to Hill City, KS. From
Lamoni, IA; Ottumwa, IA; Iowa City, IA; INT
Iowa City 062° and Janesville, WI, 240°
radials; to Janesville.
*
*
*
*
*
V–380 [Amended]
From Grand Island, NE; to Hastings, NE.
*
*
*
*
*
*
*
*
*
V–549 [Removed]
*
*
*
V–551 [Removed]
*
*
*
Issued in Washington, DC, on May 7, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024–10274 Filed 5–15–24; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2023–0540; FRL–11835–
01–R5]
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
Air Plan Approval; Wisconsin; SIP
Alignment Revision
Environmental Protection
Agency (EPA).
AGENCY:
E:\FR\FM\16MYP1.SGM
16MYP1
42830
ACTION:
Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Proposed Rules
Proposed rule.
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is proposing to approve
an October 27, 2023, submittal from the
Wisconsin Department of Natural
Resources (WDNR) to align provisions
approved in the Wisconsin State
Implementation Plan (SIP) with current
Wisconsin administrative rules and
statutes. WDNR requested that certain
provisions previously approved into the
Wisconsin SIP under now obsolete
numbering schemes be renumbered to
ensure citations in the Wisconsin SIP
reflect the current numbering systems of
the Wisconsin Administrative Code
(WAC) and the Wisconsin Statutes (Wis.
Stats.). WDNR also requested that EPA
approve rule and statute provisions that
have been revised since they were
approved into the Wisconsin SIP.
Finally, WDNR requested removal of
rules and statutes from the Wisconsin
SIP that are no longer in effect in
Wisconsin. Approval of these changes
in the Wisconsin SIP will not impact the
state’s air quality or ability to meet
Clean Air Act (CAA) requirements.
SUMMARY:
Comments must be received on
or before June 17, 2024.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2023–0540 at https://
www.regulations.gov, or via email to
arra.sarah@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.
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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
ADDRESSES:
VerDate Sep<11>2014
17:04 May 15, 2024
Jkt 262001
Christos Panos, Attainment Planning
and Maintenance Section, Air Programs
Branch (AR18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–8328, panos.christos@
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. Background
Wisconsin’s air pollution control
rules were officially submitted for SIP
approval on January 14, 1972, and
approved into the SIP on May 31, 1972
(37 FR 10902), under Natural Resources
(NR) chapter 154 of the Wisconsin
Administrative Code (WAC). On
October 1, 1986 (Wisconsin Register No.
369, September 1986), the air pollution
control rules were renumbered from the
NR 154 series to the NR 400 series. In
addition, on May 1, 1995 (Wisconsin
Register No. 472, April 1995), the air
pollution control rules underwent a
subsequent renumbering process within
the NR 400 series. This has resulted
with the Wisconsin SIP consisting of
rules approved using the previous NR
154 citations, some NR 400 series rules
prior to being renumbered on May 1,
1995, and NR 400 series rules under the
current numbering system. The SIP
revision submitted by WDNR on
October 27, 2023, requests that the
previous SIP rules approved under the
obsolete numbering systems are
renumbered to ensure that all the rules
in the Wisconsin SIP are aligned with
the WAC’s current NR 400 numbering
system.
Similarly, Wisconsin Statutes
addressing air pollution were originally
submitted and approved into the
Wisconsin SIP under Wis. Stats. chapter
144. The Wisconsin Statutes also
underwent a renumbering under 1995
Wisconsin Act 227, where the air
pollution statutes were moved from
Wis. Stats. chapter 144 to Wis. Stats.
chapter 285. This has resulted with the
Wisconsin SIP consisting of Wisconsin
air pollution statutes approved under
both Wis. Stats. chapter 144 and Wis.
Stats. chapter 285. The SIP revision
submitted by WDNR on October 27,
2023, requests that the previously SIP
statutes approved under Wis. Stats.
chapter 144 are renumbered to ensure
that all the rules in the Wisconsin SIP
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
are aligned with the current numbering
system under Wis. Stats. chapter 285.
Further, there are some instances
where rule and statute language was
revised and some provisions were not
retained by Wisconsin as part of, or
after, the renumbering processes. The
October 27, 2023, SIP revision also
requests that EPA approve revised rule
or statute language into the Wisconsin
SIP to replace the provisions’ former
citations and language and to remove
some provisions from the Wisconsin SIP
that are no longer in effect in Wisconsin.
II. Review of the Wisconsin Alignment
SIP Submittal
As previously stated, the purpose of
this SIP revision is to revise the current
SIP approved Wisconsin administrative
rules and statute provisions so that they
are consistent with the current version
of the Wisconsin rules and statutes. This
will provide clarity to regulators,
sources, and the public as to what has
been approved into the Wisconsin SIP.
To accomplish this WDNR requested
that EPA revise the SIP by (1) replacing
rules and statutes citations that were
revised as part of, or after, the
renumbering processes, and (2)
approving provisions that were simply
updated, but not renumbered, with the
most current version of these rule or
statute provisions. WDNR also
requested that EPA remove certain
provisions from the Wisconsin SIP that
are no longer in effect in Wisconsin.
These provisions were either repealed at
the state level via rulemaking action, or
were not retained in the WAC or Wis.
Stats. during the renumbering processes.
The following list identifies the most
recent version of the state rules and
statutes that contain all of the requested
revisions:
• Chapters 15, 110, 285 and 299,
Updated 21–22 Wis. Stats., published
October 4, 2023;
• NR 400 Register July 2022 No. 799,
effective August 1, 2022;
• NR 415 Register April 2023 No. 808,
effective May 1, 2023;
• NR 417 Register November 1999
No. 526, effective November 1, 1999;
• NR 431 Register November 2003
No. 574, effective November 1, 2003;
• NR 436 Register November 1999
No. 526, effective November 1, 1999;
• NR 445 Register March 2016 No.
723, effective April 1, 2016;
• NR 447 Register June 2004 No. 582,
effective July 1, 2004;
• NR 492 Register April 2013 No. 688,
effective May 1, 2013;
• NR 493 Register November 1999
No. 527, effective December 1, 1999;
• Chapter Trans 131 Register July
2023 No. 811, effective August 1, 2023.
E:\FR\FM\16MYP1.SGM
16MYP1
Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Proposed Rules
WDNR’s request was organized as
follows: (1) Section 2 requests
renumbering of current SIP-approved
rules and statutes; (2) Section 3 requests
approval of rules and statutes that were
modified following initial EPA
approval; and (3) Section 4 requests
removal of provisions from the
Wisconsin SIP that are no longer in
effect.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Section 2. Renumbering Request:
Update Citations in the SIP
This section of the WDNR submittal
identifies citations that were previously
approved into the SIP under now
obsolete numbering schemes. These
citations have not undergone any
language revisions since they were
approved into the Wisconsin SIP,
making this primarily an administrative
action to update the citation numbers.
Table 1 of the submittal contains NR
154 provisions that were approved into
the SIP prior to the October 1986. Table
2 contains NR 400 provisions that were
approved into the SIP between October
1986 and May 1995. Table 3 contains
Wis. Stats. Chapter 144 provisions that
were approved into the SIP prior to
promulgation of 1995 Wisconsin Act
227. These changes are approvable
because they do not impact the
stringency of the Wisconsin SIP.
Section 3. Approval Request:
Incorporate Updated Provisions Into the
SIP
This section of the WDNR submittal
identifies provisions that were
previously approved into the SIP under
now obsolete numbering schemes and
underwent language revisions by
Wisconsin after they were approved into
the SIP. This section also identifies
provisions that were not renumbered,
but contain language revisions since
they were approved into the SIP.
Approving these provisions updates the
Wisconsin SIP to be consistent in both
language and numbering with current
Wisconsin rules and statues. Table 4 of
the submittal contains NR 154
provisions that were renumbered and
revised since they were approved into
the SIP. Table 5 contains NR 400
provisions that were renumbered and
revised since they were approved into
the SIP. Table 6 contains Wis. Stats.
Provisions that were renumbered and
revised since they were approved into
the SIP or are being approved into the
SIP for the first time. These changes are
approvable because the majority of these
are administrative in nature and will not
impact the stringency of the Wisconsin
SIP. In some instances, the changes will
increase the stringency of the Wisconsin
SIP by replacing current SIP limits with
VerDate Sep<11>2014
17:04 May 15, 2024
Jkt 262001
more stringent limits, providing clarity
to previously approved SIP provisions
or by filling in gaps in the currently
approved SIP rules. For example, table
A2–1 of the submittal identifies sources
that were subject to NR 154.11(4)(b)
before the provision was revised and
renumbered to NR 415.06(1). In this
instance, more stringent emission limits
apply to the sources under NR 415.06(1)
than the limit that was required under
NR 154.11(4)(b). Further, the revision
updates cross-references to rules that
were renumbered since they were SIP
approved and improves the continuity
of some rules where portions were
approved under the current numbering
system and other portions were
approved under the old numbering
system.
Section 4. Removal Request
This section of the WDNR submittal
identifies provisions that were
previously approved into the SIP but
were not retained during the
renumbering processes, were repealed at
the state level, or the associated CAA
requirements were revised by Congress.
Removing these provisions from the SIP
will ensure the Wisconsin SIP reflects
the rules and statutes currently being
implemented in the state. Table 7 of the
submittal contains WAC rules that are
being removed from the Wisconsin SIP
because they were repealed at the state
level. Table 8 contains Wis. Stats.
provisions that are being removed from
the Wisconsin SIP because they were
repealed at the state level. These
changes are approvable because the
provisions are no longer needed or have
been replaced by other approved rules
in the WI SIP.
III. CAA Section 110(1)
Section 110(l) of the CAA provides
that state submissions cannot be
approved as SIP revisions if they
interfere with applicable requirements
concerning attainment and maintenance
of the National Ambient Air Quality
Standards (NAAQS), reasonable further
progress, or any other applicable
requirement of the CAA for any of the
criteria pollutants. Appendix 1 of the
WDNR submittal contains CAA section
110(l) non-interference demonstrations
for each of the revised SIP provisions
and of the provisions being removed
from the Wisconsin SIP. More
specifically, table A1–1 contains the
110(l) demonstrations for revision or
removal of WAC rules and table A1–2
contains the 110(l) demonstrations for
incorporation, revision, or removal of
Wisconsin Statutes. In their submittal,
WDNR certified that approval of the
Section 3 provision updates and
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
42831
incorporations into the Wisconsin SIP
and removal of the Section 4 provisions
from the Wisconsin SIP will not result
in emissions increases that will interfere
with Wisconsin’s attainment or
maintenance of the NAAQS. Therefore,
EPA finds that Wisconsin’s request to
revise or remove specific rules and
statutes from the SIP will not interfere
with attainment and maintenance of the
NAAQS, reasonable further progress, or
any other applicable requirement of the
CAA, nor pose a risk to the permanence
and compliance with attainment/
unclassifiable designations in the state.
IV. EPA Action
EPA is proposing to approve the SIP
revision request submitted by
Wisconsin on October 27, 2023. The
revisions include primarily
administrative changes to existing rules
and updates to material adopted by
reference related to rules in WAC
Chapters 400, 415, 417, 431, 436, 445,
447, 492 and 493, and Wis. Stats.
Chapters 15, 110, 285 and 299. Also,
EPA is proposing to approve
Wisconsin’s request for the removal of
the previously approved WAC rules and
Wis. Stats. identified in section 4 of the
WDNR submittal. Most of the provisions
that WDNR has removed are from
outdated Wis. Stats. that are obsolete.
These provisions are no longer needed
or have been replaced by other
approved rules in the Wisconsin SIP.
EPA believes that the revisions
improve the clarity of the rules without
affecting their stringency and therefore
is proposing to approve the submitted
revisions as SIP strengthening measures.
The changes to the Wisconsin rules are
consistent with EPA regulations and
will not interfere with any applicable
requirement of the CAA. Further, the
revisions will provide clarity to
regulators, sources and the public as to
what has been approved into the
Wisconsin SIP.
V. 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 rules
NR 400 as published in the Wisconsin
Register July 2022 No. 799, effective
August 1, 2022; NR 415 as published in
the Wisconsin Register April 2023 No.
808, effective May 1, 2023; NR 417 as
published in the Wisconsin Register
November 1999 No. 526, effective
November 1, 1999; NR 431 as published
in the Wisconsin Register November
2003 No. 574, effective November 1,
E:\FR\FM\16MYP1.SGM
16MYP1
42832
Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Proposed Rules
2003; NR 436 as published in the
Wisconsin Register November 1999 No.
526, effective November 1, 1999; NR 445
as published in the Wisconsin Register
March 2016 No. 723, effective April 1,
2016; NR 447 as published in the
Wisconsin Register June 2004 No. 582,
effective July 1, 2004; NR 492 as
published in the Wisconsin Register
April 2013 No. 688, effective May 1,
2013; NR 493 as published in the
Wisconsin Register November 1999 No.
527, effective December 1, 1999;
Chapter Trans 131 as published in the
Wisconsin Register July 2023 No. 811,
effective August 1, 2023; and Wisconsin
Statutes Chapters 15, 110, 285 and 299,
Updated 21–22 Wis. Stats., published
October 4, 2023, discussed in section II
of this preamble. 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, EPA is
proposing to remove EPA-Approved
Wisconsin rules NR 422.02(24) and NR
493.05(5)(title) and EPA-Approved
Wisconsin Statutes 144.30(9m),
144.30(9p), 144.30(9r), 144.30(17),
144.30(17m), 144.30(18), 144.30(18m),
144.30(19), 144.30(19m), 144.30(22),
144.30(22m), 144.3712(2), 144.3712(3),
144.395, 144.397(1), 144.399(2),
144.399(3) and 144.402 from the
Wisconsin SIP, which is incorporated
by reference in accordance with the
requirements of 1 CFR part 51.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
VerDate Sep<11>2014
17:04 May 15, 2024
Jkt 262001
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
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).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
WDNR did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for people of color, lowincome populations and Indigenous
peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 8, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024–10539 Filed 5–15–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 124, 260, 264, 265, 270,
and 271
[EPA–HQ–OLEM–2021–0397; FRL–8592–
03–OLEM]
RIN 2050–AH24
Revisions to Standards for the Open
Burning/Open Detonation of Waste
Explosives; Extension of Comment
Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
comment period.
AGENCY:
The Environmental Protection
Agency (EPA) is extending the comment
period for the proposed rule entitled
‘‘Revisions to Standards for the Open
Burning/Open Detonation of Waste
Explosives.’’ EPA published the
proposed rule in the Federal Register on
March 20, 2024 (89 FR 19952) and the
public comment period was scheduled
to end on May 20, 2024. However, EPA
has received requests for additional time
to develop and submit comments on the
proposal. In response to the requests for
additional time, EPA is extending the
comment period for an additional 31
days, through June 20, 2024.
DATES: Written comments must be
received on or before June 20, 2024.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
OLEM–2021–0397, by any of the
following methods:
SUMMARY:
E:\FR\FM\16MYP1.SGM
16MYP1
]]>Agencies
[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Proposed Rules]
[Pages 42829-42832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10539]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2023-0540; FRL-11835-01-R5]
Air Plan Approval; Wisconsin; SIP Alignment Revision
AGENCY: Environmental Protection Agency (EPA).
[[Page 42830]]
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve an October 27, 2023, submittal from the Wisconsin Department of
Natural Resources (WDNR) to align provisions approved in the Wisconsin
State Implementation Plan (SIP) with current Wisconsin administrative
rules and statutes. WDNR requested that certain provisions previously
approved into the Wisconsin SIP under now obsolete numbering schemes be
renumbered to ensure citations in the Wisconsin SIP reflect the current
numbering systems of the Wisconsin Administrative Code (WAC) and the
Wisconsin Statutes (Wis. Stats.). WDNR also requested that EPA approve
rule and statute provisions that have been revised since they were
approved into the Wisconsin SIP. Finally, WDNR requested removal of
rules and statutes from the Wisconsin SIP that are no longer in effect
in Wisconsin. Approval of these changes in the Wisconsin SIP will not
impact the state's air quality or ability to meet Clean Air Act (CAA)
requirements.
DATES: Comments must be received on or before June 17, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2023-0540 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: Christos Panos, Attainment Planning
and Maintenance Section, Air Programs Branch (AR18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-8328, [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. Background
Wisconsin's air pollution control rules were officially submitted
for SIP approval on January 14, 1972, and approved into the SIP on May
31, 1972 (37 FR 10902), under Natural Resources (NR) chapter 154 of the
Wisconsin Administrative Code (WAC). On October 1, 1986 (Wisconsin
Register No. 369, September 1986), the air pollution control rules were
renumbered from the NR 154 series to the NR 400 series. In addition, on
May 1, 1995 (Wisconsin Register No. 472, April 1995), the air pollution
control rules underwent a subsequent renumbering process within the NR
400 series. This has resulted with the Wisconsin SIP consisting of
rules approved using the previous NR 154 citations, some NR 400 series
rules prior to being renumbered on May 1, 1995, and NR 400 series rules
under the current numbering system. The SIP revision submitted by WDNR
on October 27, 2023, requests that the previous SIP rules approved
under the obsolete numbering systems are renumbered to ensure that all
the rules in the Wisconsin SIP are aligned with the WAC's current NR
400 numbering system.
Similarly, Wisconsin Statutes addressing air pollution were
originally submitted and approved into the Wisconsin SIP under Wis.
Stats. chapter 144. The Wisconsin Statutes also underwent a renumbering
under 1995 Wisconsin Act 227, where the air pollution statutes were
moved from Wis. Stats. chapter 144 to Wis. Stats. chapter 285. This has
resulted with the Wisconsin SIP consisting of Wisconsin air pollution
statutes approved under both Wis. Stats. chapter 144 and Wis. Stats.
chapter 285. The SIP revision submitted by WDNR on October 27, 2023,
requests that the previously SIP statutes approved under Wis. Stats.
chapter 144 are renumbered to ensure that all the rules in the
Wisconsin SIP are aligned with the current numbering system under Wis.
Stats. chapter 285.
Further, there are some instances where rule and statute language
was revised and some provisions were not retained by Wisconsin as part
of, or after, the renumbering processes. The October 27, 2023, SIP
revision also requests that EPA approve revised rule or statute
language into the Wisconsin SIP to replace the provisions' former
citations and language and to remove some provisions from the Wisconsin
SIP that are no longer in effect in Wisconsin.
II. Review of the Wisconsin Alignment SIP Submittal
As previously stated, the purpose of this SIP revision is to revise
the current SIP approved Wisconsin administrative rules and statute
provisions so that they are consistent with the current version of the
Wisconsin rules and statutes. This will provide clarity to regulators,
sources, and the public as to what has been approved into the Wisconsin
SIP. To accomplish this WDNR requested that EPA revise the SIP by (1)
replacing rules and statutes citations that were revised as part of, or
after, the renumbering processes, and (2) approving provisions that
were simply updated, but not renumbered, with the most current version
of these rule or statute provisions. WDNR also requested that EPA
remove certain provisions from the Wisconsin SIP that are no longer in
effect in Wisconsin. These provisions were either repealed at the state
level via rulemaking action, or were not retained in the WAC or Wis.
Stats. during the renumbering processes. The following list identifies
the most recent version of the state rules and statutes that contain
all of the requested revisions:
Chapters 15, 110, 285 and 299, Updated 21-22 Wis. Stats.,
published October 4, 2023;
NR 400 Register July 2022 No. 799, effective August 1,
2022;
NR 415 Register April 2023 No. 808, effective May 1, 2023;
NR 417 Register November 1999 No. 526, effective November
1, 1999;
NR 431 Register November 2003 No. 574, effective November
1, 2003;
NR 436 Register November 1999 No. 526, effective November
1, 1999;
NR 445 Register March 2016 No. 723, effective April 1,
2016;
NR 447 Register June 2004 No. 582, effective July 1, 2004;
NR 492 Register April 2013 No. 688, effective May 1, 2013;
NR 493 Register November 1999 No. 527, effective December
1, 1999;
Chapter Trans 131 Register July 2023 No. 811, effective
August 1, 2023.
[[Page 42831]]
WDNR's request was organized as follows: (1) Section 2 requests
renumbering of current SIP-approved rules and statutes; (2) Section 3
requests approval of rules and statutes that were modified following
initial EPA approval; and (3) Section 4 requests removal of provisions
from the Wisconsin SIP that are no longer in effect.
Section 2. Renumbering Request: Update Citations in the SIP
This section of the WDNR submittal identifies citations that were
previously approved into the SIP under now obsolete numbering schemes.
These citations have not undergone any language revisions since they
were approved into the Wisconsin SIP, making this primarily an
administrative action to update the citation numbers. Table 1 of the
submittal contains NR 154 provisions that were approved into the SIP
prior to the October 1986. Table 2 contains NR 400 provisions that were
approved into the SIP between October 1986 and May 1995. Table 3
contains Wis. Stats. Chapter 144 provisions that were approved into the
SIP prior to promulgation of 1995 Wisconsin Act 227. These changes are
approvable because they do not impact the stringency of the Wisconsin
SIP.
Section 3. Approval Request: Incorporate Updated Provisions Into the
SIP
This section of the WDNR submittal identifies provisions that were
previously approved into the SIP under now obsolete numbering schemes
and underwent language revisions by Wisconsin after they were approved
into the SIP. This section also identifies provisions that were not
renumbered, but contain language revisions since they were approved
into the SIP. Approving these provisions updates the Wisconsin SIP to
be consistent in both language and numbering with current Wisconsin
rules and statues. Table 4 of the submittal contains NR 154 provisions
that were renumbered and revised since they were approved into the SIP.
Table 5 contains NR 400 provisions that were renumbered and revised
since they were approved into the SIP. Table 6 contains Wis. Stats.
Provisions that were renumbered and revised since they were approved
into the SIP or are being approved into the SIP for the first time.
These changes are approvable because the majority of these are
administrative in nature and will not impact the stringency of the
Wisconsin SIP. In some instances, the changes will increase the
stringency of the Wisconsin SIP by replacing current SIP limits with
more stringent limits, providing clarity to previously approved SIP
provisions or by filling in gaps in the currently approved SIP rules.
For example, table A2-1 of the submittal identifies sources that were
subject to NR 154.11(4)(b) before the provision was revised and
renumbered to NR 415.06(1). In this instance, more stringent emission
limits apply to the sources under NR 415.06(1) than the limit that was
required under NR 154.11(4)(b). Further, the revision updates cross-
references to rules that were renumbered since they were SIP approved
and improves the continuity of some rules where portions were approved
under the current numbering system and other portions were approved
under the old numbering system.
Section 4. Removal Request
This section of the WDNR submittal identifies provisions that were
previously approved into the SIP but were not retained during the
renumbering processes, were repealed at the state level, or the
associated CAA requirements were revised by Congress. Removing these
provisions from the SIP will ensure the Wisconsin SIP reflects the
rules and statutes currently being implemented in the state. Table 7 of
the submittal contains WAC rules that are being removed from the
Wisconsin SIP because they were repealed at the state level. Table 8
contains Wis. Stats. provisions that are being removed from the
Wisconsin SIP because they were repealed at the state level. These
changes are approvable because the provisions are no longer needed or
have been replaced by other approved rules in the WI SIP.
III. CAA Section 110(1)
Section 110(l) of the CAA provides that state submissions cannot be
approved as SIP revisions if they interfere with applicable
requirements concerning attainment and maintenance of the National
Ambient Air Quality Standards (NAAQS), reasonable further progress, or
any other applicable requirement of the CAA for any of the criteria
pollutants. Appendix 1 of the WDNR submittal contains CAA section
110(l) non-interference demonstrations for each of the revised SIP
provisions and of the provisions being removed from the Wisconsin SIP.
More specifically, table A1-1 contains the 110(l) demonstrations for
revision or removal of WAC rules and table A1-2 contains the 110(l)
demonstrations for incorporation, revision, or removal of Wisconsin
Statutes. In their submittal, WDNR certified that approval of the
Section 3 provision updates and incorporations into the Wisconsin SIP
and removal of the Section 4 provisions from the Wisconsin SIP will not
result in emissions increases that will interfere with Wisconsin's
attainment or maintenance of the NAAQS. Therefore, EPA finds that
Wisconsin's request to revise or remove specific rules and statutes
from the SIP will not interfere with attainment and maintenance of the
NAAQS, reasonable further progress, or any other applicable requirement
of the CAA, nor pose a risk to the permanence and compliance with
attainment/unclassifiable designations in the state.
IV. EPA Action
EPA is proposing to approve the SIP revision request submitted by
Wisconsin on October 27, 2023. The revisions include primarily
administrative changes to existing rules and updates to material
adopted by reference related to rules in WAC Chapters 400, 415, 417,
431, 436, 445, 447, 492 and 493, and Wis. Stats. Chapters 15, 110, 285
and 299. Also, EPA is proposing to approve Wisconsin's request for the
removal of the previously approved WAC rules and Wis. Stats. identified
in section 4 of the WDNR submittal. Most of the provisions that WDNR
has removed are from outdated Wis. Stats. that are obsolete. These
provisions are no longer needed or have been replaced by other approved
rules in the Wisconsin SIP.
EPA believes that the revisions improve the clarity of the rules
without affecting their stringency and therefore is proposing to
approve the submitted revisions as SIP strengthening measures. The
changes to the Wisconsin rules are consistent with EPA regulations and
will not interfere with any applicable requirement of the CAA. Further,
the revisions will provide clarity to regulators, sources and the
public as to what has been approved into the Wisconsin SIP.
V. 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 rules NR 400 as published in
the Wisconsin Register July 2022 No. 799, effective August 1, 2022; NR
415 as published in the Wisconsin Register April 2023 No. 808,
effective May 1, 2023; NR 417 as published in the Wisconsin Register
November 1999 No. 526, effective November 1, 1999; NR 431 as published
in the Wisconsin Register November 2003 No. 574, effective November 1,
[[Page 42832]]
2003; NR 436 as published in the Wisconsin Register November 1999 No.
526, effective November 1, 1999; NR 445 as published in the Wisconsin
Register March 2016 No. 723, effective April 1, 2016; NR 447 as
published in the Wisconsin Register June 2004 No. 582, effective July
1, 2004; NR 492 as published in the Wisconsin Register April 2013 No.
688, effective May 1, 2013; NR 493 as published in the Wisconsin
Register November 1999 No. 527, effective December 1, 1999; Chapter
Trans 131 as published in the Wisconsin Register July 2023 No. 811,
effective August 1, 2023; and Wisconsin Statutes Chapters 15, 110, 285
and 299, Updated 21-22 Wis. Stats., published October 4, 2023,
discussed in section II of this preamble. 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, EPA is proposing to remove EPA-Approved
Wisconsin rules NR 422.02(24) and NR 493.05(5)(title) and EPA-Approved
Wisconsin Statutes 144.30(9m), 144.30(9p), 144.30(9r), 144.30(17),
144.30(17m), 144.30(18), 144.30(18m), 144.30(19), 144.30(19m),
144.30(22), 144.30(22m), 144.3712(2), 144.3712(3), 144.395, 144.397(1),
144.399(2), 144.399(3) and 144.402 from the Wisconsin SIP, which is
incorporated by reference in accordance with the requirements of 1 CFR
part 51.
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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
WDNR did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving EJ
for people of color, low-income populations and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 8, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024-10539 Filed 5-15-24; 8:45 am]
BILLING CODE 6560-50-P
