Air Plan Approval; Wisconsin; SIP Alignment Revision, 85857-85859 [2024-25032]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 89, Number 209 (Tuesday, October 29, 2024)]
[Rules and Regulations]
[Pages 85857-85859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25032]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2023-0540; FRL-11835-02-R5]


Air Plan Approval; Wisconsin; SIP Alignment Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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rules and statutes from the Wisconsin SIP that are no longer in effect 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. EPA proposed to approve this action on May 16, 2024, and 
received no comments.

DATES: This final rule is effective on November 29, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2023-0540. 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), Proprietary Business Information (PBI), or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either through 
www.regulations.gov or at the Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding Federal holidays. We recommend that 
you telephone Christos Panos at (312) 353-8328 before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Air and Radiation 
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8328, 
[email protected].

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

I. Background Information

    On May 16, 2024 (89 FR 42829), EPA proposed to approve the SIP 
revision request submitted by Wisconsin on October 27, 2023. The 
revision includes 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 proposed to approve 
Wisconsin's request for the removal of 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 Wis. Stats. that are 
obsolete. These provisions are no longer needed or have been replaced 
by other approved rules in the Wisconsin SIP. An explanation of the CAA 
requirements, a detailed analysis

[[Page 85858]]

of the revisions, and EPA's reasons for proposing approval were 
provided in the notice of proposed rulemaking (NPRM), and will not be 
restated here. The public comment period for this proposed rule ended 
on June 17, 2024. EPA received no comments on the proposal.

II. Final Action

    EPA is approving the SIP revision request submitted by Wisconsin on 
October 27, 2023. 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 versions 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 citations to rules and statutes 
that were revised as part of, or after, the Wisconsin 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. Therefore EPA is approving into the Wisconsin 
SIP all of the requested revisions which are contained in the following 
version of the state rules and statutes:
     Chapters 15, 110, 285 and 299, Updated 21-22 Wis. Stats., 
published October 4, 2023;
     NR 400, Wisconsin Register, July 2022 No. 799, effective 
August 1, 2022;
     NR 415, Wisconsin Register, April 2023 No. 808, effective 
May 1, 2023;
     NR 417, Wisconsin Register, November 1999 No. 526, 
effective November 1, 1999;
     NR 431, Wisconsin Register, November 2003 No. 574, 
effective November 1, 2003;
     NR 436, Wisconsin Register, November 1999 No. 526, 
effective November 1, 1999;
     NR 445, Wisconsin Register, March 2016 No. 723, effective 
April 1, 2016;
     NR 447, Wisconsin Register, June 2004 No. 582, effective 
July 1, 2004;
     NR 492, Wisconsin Register, April 2013 No. 688, effective 
May 1, 2013;
     NR 493, Wisconsin Register, November 1999 No. 527, 
effective December 1, 1999;
     Chapter Trans 131, Wisconsin Register, July 2023 No. 811, 
effective August 1, 2023.

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 section II. of this preamble and set forth in 
the amendments to 40 CFR part 52 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, EPA is removing 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.

IV. 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

[[Page 85859]]

achieving EJ for people of color, low-income populations and Indigenous 
peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 30, 2024. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 23, 2024.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 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 removing and reserving paragraphs (c) 
(13), (c)(14), (c)(15), (c)(22), (c)(27), (c)(28), (c)(30), (c)(32), 
(c)(33), (c)(34), (c)(36), (c)(39), (c)(40), (c)(41), (c)(42), (c)(43), 
(c)(45), (c)(49), (c)(72), (c)(78) and (c)(91), and by adding paragraph 
(c)(150) to read as follows:


Sec.  52.2570   Identification of plan.

* * * * *
    (c) * * *
    (150) On October 27, 2023, WDNR submitted a SIP revision request to 
align provisions approved in the Wisconsin 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. The rule and 
statute provisions that have been revised or removed were previously 
approved in paragraphs (c) (13), (c)(14), (c)(15), (c)(22), (c)(27), 
(c)(28), (c)(30), (c)(32), (c)(33), (c)(34), (c)(36), (c)(39), (c)(40), 
(c)(41), (c)(42), (c)(43), (c)(45), (c)(49), (c)(72), (c)(78) and 
(c)(91) of this section. Approval of these changes in the Wisconsin SIP 
will not impact the state's air quality or ability to meet Clean Air 
Act requirements.
    (i) Incorporation by reference. (A) Wisconsin Administrative Code, 
NR 400, except Note, 400.01, 400.02 (19m), (27m), (107m), (123e), and 
(123s), 400.03(1)(a) through (cm) and (dm) through (m), and 
400.03(4)(jp) and (js), as published in the Wisconsin Register, July 
2022 No. 799, effective August 1, 2022.
    (B) Wisconsin Administrative Code, NR 415, except 415.01, 415.02(3) 
and (8), 415.075(1), (2)(a) intro, 1. through 4., 6. and 7., (b) and 
(c), (3)(a) through (e), (4), (5), and (6), 415.076, and 415.09(2) and 
(3)(a) through (c), as published in the Wisconsin Register, April 2023 
No. 808, effective May 1, 2023.
    (C) Wisconsin Administrative Code, NR 417, except Note, 417.01(2), 
417.03, 417.05, and 417.07(2)(e) and (f), as published in the Wisconsin 
Register, November 1999 No. 526, effective November 1, 1999.
    (D) Wisconsin Administrative Code, NR 431, only 431.03, 431.04 and 
431.05, as published in the Wisconsin Register, November 2003 No. 574, 
effective November 1, 2003.
    (E) Wisconsin Administrative Code, NR 436, except 436.01(2), 
436.03(2), and 436.05(5), as published in the Wisconsin Register, 
November 1999 No. 526, effective November 1, 1999.
    (F) Wisconsin Administrative Code, NR 445, only 445.16, as 
published in the Wisconsin Register, March 2016 No. 723, effective 
April 1, 2016.
    (G) Wisconsin Administrative Code, NR 447, only 447.02 intro, (6), 
(7), (16), (18) Note, and (31), 447.07 (3) intro, (a) and (d), 447.12 
(3)(b) Note, 447.16 (2), and 447.18 intro and (1) Note, as published in 
the Wisconsin Register, June 2004 No. 582, effective July 1, 2004.
    (H) Wisconsin Administrative Code, NR 492, only 492.03, as 
published in the Wisconsin Register, April 2013 No. 688, effective May 
1, 2013.
    (I) Wisconsin Administrative Code, NR 493, except Note and 493.01, 
as published in the Wisconsin Register, November 1999 No. 527.
    (J) Wisconsin Administrative Code, Chapter Trans 131, as published 
in the Wisconsin Register, July 2023 No. 811, effective August 1, 2023.
    (K) Wisconsin Statutes, Chapter 15, only 15.347(8), as revised by 
Updated 21-22 Wis. Stats., published October 4, 2023.
    (L) Wisconsin Statutes, Chapter 110, only 110.20, as revised by 
Updated 21-22 Wis. Stats., published October 4, 2023.
    (M) Wisconsin Statutes, Chapter 285, 285.01 except (17m), (21), 
(28), (33), (35), (38), (39), (40); 285.11 except (12), (13), (15), 
(16), (17), (18), (19); 285.13 except (7); 285.17 only (1); 285.19; 
285.21 except (4); 285.23 except (6); 285.27 except (2)(d) and (3); 
285.30; 285.31 only (5); 285.33 only (1); 285.35; 285.60 except 
(1)(b)2., (2g), (5m), (6)(b) and (c), (8), (9), (10) and (11); 285.61 
except (5)(a) and (b), (10) and (11); 285.62; 285.63 except (11); 
285.65; 285.66; 285.68; 285.69 except (1)(c), (1d), (2)(a), (c) intro, 
(c)2., (d) and (e), (2e), (2m), (3), (5), (6), and (7); 285.79; 285.81 
except (1m) and (4); 285.83 except (2); and 285.87 except (2), as 
revised by Updated 21-22 Wis. Stats., published October 4, 2023.
    (N) Wisconsin Statutes, Chapter 299, only 299.95, as revised by 
Updated 21-22 Wis. Stats., published October 4, 2023.
    (ii) [Reserved]

[FR Doc. 2024-25032 Filed 10-28-24; 8:45 am]
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