Air Plan Approval; Wisconsin; Nitrogen Oxide Emissions Control Requirements, 92600-92602 [2024-26114]

Download as PDF 92600 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Rules and Regulations circuit by January 21, 2025. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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) of the CAA). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Particulate matter, Sulfur oxides. Dated: November 14, 2024. Cesar Zapata, Acting Regional Administrator, Region 4. For the reasons stated in the preamble, EPA amends 40 CFR part 52 as follows: Authority: 42 U.S.C. 7401 et seq. Subpart II—North Carolina 2. In § 52.1770, amend the table in paragraph (e) by adding an entry for ‘‘Regional Haze Plan—Second Planning Period’’ at the end of the table to read as follows: ■ § 52.1770 PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Identification of plan. (e) * * * 1. The authority citation for part 52 continues to read as follows: ■ EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS Provision * Regional Haze Plan—Second Planning Period. State effective date EPA approval date * 4/4/2022 * 11/22/2024 3. Section 52.1776 is added to read as follows: ■ § 52.1776 Visibility protection. (a) Disapproval. On April 4, 2022, the North Carolina Department of Environmental Quality, Division of Air Quality submitted a revision to its SIP to address regional haze for the second planning period. The portions of this SIP revision addressing the requirements of 40 CFR 51.308(f)(2) and (3) and (i)(2) through (4) are disapproved. (b) [Reserved] [FR Doc. 2024–26980 Filed 11–21–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2024–0184; FRL–11968– 02–R5] Air Plan Approval; Wisconsin; Nitrogen Oxide Emissions Control Requirements Environmental Protection Agency (EPA). ACTION: Final rule. ddrumheller on DSK120RN23PROD with RULES1 AGENCY: The Environmental Protection Agency (EPA) is approving Wisconsin’s additions and amendments to chapters NR 400, NR 428, and NR 484 of the Wisconsin Administrative Code (Wis. Adm. Code). These changes clarify SUMMARY: VerDate Sep<11>2014 15:56 Nov 21, 2024 Jkt 265001 Federal Register citation * [Insert first page of Federal Register citation]. Explanation * * * Approval of the portions of the Haze Plan addressing the requirements of 40 CFR 51.308(f)(1), (f)(4)–(6), and (g)(1)–(5). Disapproval of the portions of the Haze Plan addressing the requirements of 40 CFR 51.308(f)(2), (f)(3), and (i)(2)–(4). existing requirements and ensure clear and consistent implementation of Wisconsin’s control requirements for emissions of nitrogen oxide (NOX). EPA proposed to approve this action on July 17, 2024, and received no comments. DATES: This final rule is effective on December 23, 2024. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2024–0184. 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, 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 https:// 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 Katie Mullen, at (312) 353–3490 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Katie Mullen, Air and Radiation Division (AR 18J), Air and Radiation Division (AR18J), Environmental PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–3490, mullen.kathleen@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. I. Background Information Wisconsin’s April 10, 2024, submittal requested that EPA approve revisions to NOX control requirements in chapters NR 400, NR 428, and NR 484 of the Wis. Adm. Code. Wisconsin’s proposed revisions clarify emission limits for units using more than one type of fuel, incorporate procedures for approving a site-specific emission limit alternative to ensure that limits are achievable in practice, revise and clarify existing compliance and monitoring requirements, clarify an applicability exception, update cross references, and include definitions. On July 17, 2024 (89 FR 58097), EPA proposed to approve revisions to NOX control requirements in chapters NR 400, NR 428, and NR 484 of the Wis. Adm. Code. Specifically, EPA proposed to approve Wisconsin rule(s) 400.03(4)(mf), 428.02(7i), 428.02(7p), 428.02(7u), 428.02(7w), 428.04(2)(i), 428.04(4)(c), 428.05(2)(b), 428.05(2)(f), 428.05(3)(f), 428.05(5)(c), 428.055, 428.07(1)(a)2, 428.08(2)(e)(title), 428.08(2)(f)(title), 428.08(2)(g), 428.08(3), 428.21(3)(d), 428.22(1), 428.22(3), 428.24(1)(c), and 484.04 Table 2 Row (15m), effective E:\FR\FM\22NOR1.SGM 22NOR1 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Rules and Regulations April 1, 2024. An explanation of the Clean Air Act (CAA) requirements, a detailed analysis of the revisions, and EPA’s reasons for proposing approval were provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for this proposed rule ended on August 16, 2024. EPA received no comments on the proposal. II. Final Action EPA is approving the revisions in NR 400, 428, and 484 of the Wisconsin Administrative Code, which simply clarify and streamline Wisconsin’s existing NOX emission control requirements. ddrumheller on DSK120RN23PROD with RULES1 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 I 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 https:// 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). 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.); VerDate Sep<11>2014 15:56 Nov 21, 2024 Jkt 265001 • 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 communities with environmental justice (EJ) concerns to the greatest extent practicable and permitted by law. EPA defines 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.’’ The 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. Due to the nature of the action being taken here, this action is expected to have a neutral on the air quality of the affected PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 92601 area. 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 communities with EJ concerns. 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 January 21, 2025. 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, Nitrogen dioxide, Ozone, Volatile organic compounds. Dated: November 4, 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 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 adding paragraph (c)(151) to read as follows: ■ § 52.2570 Identification of plan. * * * * * (c) * * * (151) On April 10, 2024, the Wisconsin Department of Natural Resources submitted revised rules to clarify existing requirements and ensure clear and consistent implementation of Wisconsin’s control requirements for emissions of nitrogen oxide (NOX). (i) Incorporation by reference. The following sections of the Wisconsin Administrative Code are incorporated by reference. E:\FR\FM\22NOR1.SGM 22NOR1 92602 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Rules and Regulations (A) NR 400.03(4)(mf), as published in the Wisconsin Register March 2024 No. 819, effective April 1, 2024. (B) NR 428.02(7i), NR 428.02(7p), NR 428.02(7u), NR 428.02(7w), NR 428.04(2)(i), NR 428.04(4)(c), NR 428.05(2)(b), NR 428.05(2)(f), NR 428.05(3)(f), NR 428.05(5)(c), NR 428.055, NR 428.07(1)(a)2, NR 428.08(2)(e)title, NR 428.08(2)(f)title, NR 428.08(2)(g), NR 428.08(3), NR 428.21(3)(d), NR 428.22(1) introductory text, NR 428.22(3), and NR 428.24(1)(c), as published in the Wisconsin Register March 2024 No. 819, effective April 1, 2024. (C) NR 484.04 Table 2 Row (15m), as published in the Wisconsin Register March 2024 No. 819, effective April 1, 2024. [FR Doc. 2024–26114 Filed 11–21–24; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Part 3170 [BLM_HQ_FRN_MO4500181705] RIN 1004–AF01 Waste Prevention, Production Subject to Royalties, and Resource Conservation Bureau of Land Management, Interior. ACTION: Direct final rule. AGENCY: On April 10, 2024, the Bureau of Land Management (BLM) published a final rule that aims to reduce the waste of natural gas from venting, flaring, and leaks during oil and gas production activities on Federal and Indian leases. This direct final rule corrects technical errors in that final rule, including revisions to equations for consistency with, or to better reflect, the regulatory text. It separately lists definitions of the variables for those equations for increased clarity. It also corrects typographical errors and makes minor re-arrangements of provisions for better clarity. DATES: This direct final rule is effective on December 23, 2024, without further notice, unless the BLM receives significant adverse comment by December 23, 2024. If the BLM receives a significant adverse comment that leads it to conclude that the rule is controversial, the BLM will publish a timely withdrawal of this direct final rule in the Federal Register and the technical corrections described in this direct final rule will not go into effect. ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:56 Nov 21, 2024 Jkt 265001 The incorporation by reference of certain material listed in the rule was approved by the Director of the Federal Register as of June 10, 2024. ADDRESSES: Mail, personal, or messenger delivery: U.S. Department of the Interior, Director (630), Bureau of Land Management, 1849 C St. NW, Room 5646, Washington, DC 20240, Attention: 1004–AF01. Federal eRulemaking Portal: https:// www.regulations.gov. In the Searchbox, enter ‘‘RIN 1004–AF01’’ and click the ‘‘Search’’ button. Follow the instructions at this website. FOR FURTHER INFORMATION CONTACT: John Ajak, Acting Division Chief, Division of Fluid Minerals at 505–549–9654 or jajak@blm.gov for information about the final rule. Please use ‘‘RIN 1004–AF01’’ in the subject line. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. For a short, plain language summary of the direct final rule, please see the direct final rule summary document in docket BLM–2024–0001 on www.regulations.gov. SUPPLEMENTARY INFORMATION: I. Background This direct final rule corrects technical errors in 43 CFR subpart 3179 of the final rule that published in the Federal Register on April 10, 2024 (89 FR 25378), entitled, ‘‘Waste Prevention, Production Subject to Royalties, and Resource Conservation’’ (Waste Prevention rule). The Waste Prevention rule established various measures to reduce waste of natural gas from onshore Federal and Indian oil and gas leases, including measures that are intended to ensure that, when such gas is wasted, the public or Indian mineral owners are compensated for that gas through royalty payments. To assist in meeting these objectives, § 3179.71(b) requires operators to measure flared gas for high-pressure flares for volumes greater than 1,050 Mcf per month above the averaging period (as defined in 43 CFR 3170.3). The Waste Prevention rule also sets out, in § 3179.71(g) and (h), three equations intended to be used by operators when reporting or allocating flared gas. In addition, the Waste Prevention rule established a Leak Detection and Repair (LDAR) program PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 for production facilities located on Federal or Indian surface estates. API 22.3 is referenced in the amendatory text of this document and was previously approved for § 3179.71. II. Direct Final Rulemaking The BLM is publishing corrections to the Waste Prevention rule as a direct final rule. This rule merely corrects inadvertent errors that would otherwise cause unnecessary confusion for the operators attempting to comply with the reporting requirements of the Waste Prevention rule, but does not impose new requirements. None of the changes are inconsistent with the BLM’s explanation of the Waste Prevention rule in its preamble. Therefore, the Department of the Interior has determined that it is appropriate for this rule to go into effect at the close of a 30day comment period unless BLM receives a significant adverse comment. A significant adverse comment is one that explains: (1) why the rule is inappropriate, including challenges to the rule’s underlying premise or approach; or (2) why the direct final rule will be ineffective or unacceptable without additional changes. After the 30-day comment period closes, the BLM will assess whether any of the comments received qualify as a significant adverse comment. If the BLM finds that there is a significant adverse comment, then it will withdraw this direct final rule. If no such comment is received, this direct final rule will become effective on December 23, 2024, without further BLM action. The BLM will not consider a comment recommending an addition to the rule to be significant or adverse unless the comment explains how this direct final rule would be ineffective without additional change. Aside from the technical corrections described in this direct final rule, this rule does not affect the Waste Prevention rule. III. Discussion The BLM is making technical corrections to Equations 2 and 3 in § 3179.71, as further discussed below. In addition, the BLM is restyling Equation 1 by moving the value to be determined from the right side of the equal sign to the left, in keeping with mathematical convention. In addition, for clarity, the rule as now corrected separately lists the variable definitions for each equation (in the final rule, the variable definitions for Equations 1 and 2 were combined in a single list). This rule also adds clarifying language in § 3179.71(b) and (g) and removes unintended and unworkable references to low-pressure flare volumes, discussed below, and E:\FR\FM\22NOR1.SGM 22NOR1

Agencies

[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Rules and Regulations]
[Pages 92600-92602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26114]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2024-0184; FRL-11968-02-R5]


Air Plan Approval; Wisconsin; Nitrogen Oxide Emissions Control 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
Wisconsin's additions and amendments to chapters NR 400, NR 428, and NR 
484 of the Wisconsin Administrative Code (Wis. Adm. Code). These 
changes clarify existing requirements and ensure clear and consistent 
implementation of Wisconsin's control requirements for emissions of 
nitrogen oxide (NOX). EPA proposed to approve this action on 
July 17, 2024, and received no comments.

DATES: This final rule is effective on December 23, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2024-0184. 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, 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 https://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 Katie Mullen, at (312) 353-3490 before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Katie Mullen, Air and Radiation 
Division (AR 18J), Air and Radiation Division (AR18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-3490, [email protected].

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

I. Background Information

    Wisconsin's April 10, 2024, submittal requested that EPA approve 
revisions to NOX control requirements in chapters NR 400, NR 
428, and NR 484 of the Wis. Adm. Code. Wisconsin's proposed revisions 
clarify emission limits for units using more than one type of fuel, 
incorporate procedures for approving a site-specific emission limit 
alternative to ensure that limits are achievable in practice, revise 
and clarify existing compliance and monitoring requirements, clarify an 
applicability exception, update cross references, and include 
definitions. On July 17, 2024 (89 FR 58097), EPA proposed to approve 
revisions to NOX control requirements in chapters NR 400, NR 
428, and NR 484 of the Wis. Adm. Code. Specifically, EPA proposed to 
approve Wisconsin rule(s) 400.03(4)(mf), 428.02(7i), 428.02(7p), 
428.02(7u), 428.02(7w), 428.04(2)(i), 428.04(4)(c), 428.05(2)(b), 
428.05(2)(f), 428.05(3)(f), 428.05(5)(c), 428.055, 428.07(1)(a)2, 
428.08(2)(e)(title), 428.08(2)(f)(title), 428.08(2)(g), 428.08(3), 
428.21(3)(d), 428.22(1), 428.22(3), 428.24(1)(c), and 484.04 Table 2 
Row (15m), effective

[[Page 92601]]

April 1, 2024. An explanation of the Clean Air Act (CAA) requirements, 
a detailed analysis of the revisions, and EPA's reasons for proposing 
approval were provided in the notice of proposed rulemaking, and will 
not be restated here. The public comment period for this proposed rule 
ended on August 16, 2024. EPA received no comments on the proposal.

II. Final Action

    EPA is approving the revisions in NR 400, 428, and 484 of the 
Wisconsin Administrative Code, which simply clarify and streamline 
Wisconsin's existing NOX emission control requirements.

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 I 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 https://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).

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 communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
EPA defines 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.''
    The 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. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
on the air quality of the affected area. 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 communities with EJ concerns.
    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 January 21, 2025. 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, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Dated: November 4, 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 adding paragraph (c)(151) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (151) On April 10, 2024, the Wisconsin Department of Natural 
Resources submitted revised rules to clarify existing requirements and 
ensure clear and consistent implementation of Wisconsin's control 
requirements for emissions of nitrogen oxide (NOX).
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.

[[Page 92602]]

    (A) NR 400.03(4)(mf), as published in the Wisconsin Register March 
2024 No. 819, effective April 1, 2024.
    (B) NR 428.02(7i), NR 428.02(7p), NR 428.02(7u), NR 428.02(7w), NR 
428.04(2)(i), NR 428.04(4)(c), NR 428.05(2)(b), NR 428.05(2)(f), NR 
428.05(3)(f), NR 428.05(5)(c), NR 428.055, NR 428.07(1)(a)2, NR 
428.08(2)(e)title, NR 428.08(2)(f)title, NR 428.08(2)(g), NR 428.08(3), 
NR 428.21(3)(d), NR 428.22(1) introductory text, NR 428.22(3), and NR 
428.24(1)(c), as published in the Wisconsin Register March 2024 No. 
819, effective April 1, 2024.
    (C) NR 484.04 Table 2 Row (15m), as published in the Wisconsin 
Register March 2024 No. 819, effective April 1, 2024.

[FR Doc. 2024-26114 Filed 11-21-24; 8:45 am]
BILLING CODE 6560-50-P
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