Rule2022-00347
Air Plan Approval; Wisconsin; Redesignation of the Rhinelander Sulfur Dioxide Nonattainment Area
Primary source
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Published
January 12, 2022
Effective
January 12, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is redesignating the Rhinelander nonattainment area, which consists of a portion of Oneida County (Crescent Township, Newbold Township, Pine Lake Township, Pelican Township, and the City of Rhinelander), to attainment for the 2010 primary, health-based 1-hour sulfur dioxide (SO<INF>2</INF>) National Ambient Air Quality Standard (NAAQS). EPA is also approving Wisconsin's SO<INF>2</INF> maintenance plan for the Rhinelander area. Wisconsin submitted the request for approval of the Rhinelander area's redesignation and maintenance plan on July 28, 2021. EPA approved Wisconsin's attainment plan for the Rhinelander area on October 22, 2021, with an effective date of December 31, 2021. EPA proposed to approve this action on November 17, 2021, and received no adverse comments.
Full Text
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<title>Federal Register, Volume 87 Issue 8 (Wednesday, January 12, 2022)</title>
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[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Rules and Regulations]
[Pages 1685-1687]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00347]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2021-0540; FRL-9201-02-R5]
Air Plan Approval; Wisconsin; Redesignation of the Rhinelander
Sulfur Dioxide Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is redesignating the
Rhinelander nonattainment area, which consists of a portion of Oneida
County (Crescent Township, Newbold Township, Pine Lake Township,
Pelican Township, and the City of Rhinelander), to attainment for the
2010 primary, health-based 1-hour sulfur dioxide (SO<INF>2</INF>)
National Ambient Air Quality Standard (NAAQS). EPA is also approving
Wisconsin's SO<INF>2</INF> maintenance plan for
[[Page 1686]]
the Rhinelander area. Wisconsin submitted the request for approval of
the Rhinelander area's redesignation and maintenance plan on July 28,
2021. EPA approved Wisconsin's attainment plan for the Rhinelander area
on October 22, 2021, with an effective date of December 31, 2021. EPA
proposed to approve this action on November 17, 2021, and received no
adverse comments.
DATES: This final rule is effective on January 12, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2021-0540. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through <a href="http://www.regulations.gov">www.regulations.gov</a> or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Abigail
Teener, Environmental Engineer, at (312) 353-7314 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Abigail Teener, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-7314,
<a href="/cdn-cgi/l/email-protection#98ecfdfdf6fdeab6f9faf1fff9f1f4d8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="7e0a1b1b101b0c501f1c17191f17123e1b0e1f50191108">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background Information
On November 17, 2021, EPA proposed to approve the redesignation of
the Rhinelander SO<INF>2</INF> nonattainment area to attainment of the
2010 primary, health-based 1-hour SO<INF>2</INF> NAAQS and to approve
Wisconsin's SO<INF>2</INF> maintenance plan for the area (86 FR 64110).
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. In the notice of proposed rulemaking, EPA noted that the
redesignation would not be finalized until Wisconsin's attainment plan
for the Rhinelander area was approved and effective. EPA approved
Wisconsin's plan on October 22, 2021, with an effective date of
December 31, 2021.
II. Public Comments
The public comment period for this proposed rule ended on December
17, 2021. EPA received no adverse comments on the proposal.
III. Final Action
In accordance with Wisconsin's July 28, 2021, request, EPA is
redesignating the Rhinelander nonattainment area from nonattainment to
attainment of the 2010 SO<INF>2</INF> NAAQS. EPA finds that Wisconsin
has demonstrated that the area is attaining the 2010 SO<INF>2</INF>
NAAQS and that the improvement in air quality is due to permanent and
enforceable SO<INF>2</INF> emission reductions in the area. EPA is also
approving Wisconsin's maintenance plan, which is designed to ensure
that the area will continue to maintain the SO<INF>2</INF> NAAQS.
In accordance with 5 U.S.C. 553(d) of the Administrative Procedure
Act (APA), EPA finds there is good cause for this action to become
effective immediately upon publication. The immediate effective date
for this action is authorized under both 5 U.S.C. 553(d)(1).
Section 553(d)(1) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . a substantive rule which grants or recognizes
an exemption or relieves a restriction.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). However, when the agency grants or recognizes an
exemption or relieves a restriction, affected parties do not need a
reasonable time to adjust because the effect is not adverse. EPA has
determined that this rule relieves a restriction because this rule
relieves sources in the area of Nonattainment New Source Review (NNSR)
permitting requirements; instead, upon the effective date of this
action, sources will be subject to less restrictive Prevention of
Significant Deterioration (PSD) permitting requirements. For this
reason, EPA finds good cause under 5 U.S.C. 553(d)(1) for this action
to become effective on the date of publication of this action.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a state implementation plan (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:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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; and
[[Page 1687]]
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 14, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: January 5, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 81 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 52.2575 is amended by removing paragraph (b) introductory
text and adding paragraph (c) to read as follows:
Sec. 52.2575 Control strategy: Sulfur dioxide.
* * * * *
(c) Approval-On July 28, 2021, Wisconsin submitted a request to
redesignate the Rhinelander area, which consists of a portion of Oneida
County (Crescent Township, Newbold Township, Pine Lake Township,
Pelican Township, and the City of Rhinelander), to attainment of the
2010 primary 1-hour sulfur dioxide standard. As part of the
redesignation request, the State submitted a maintenance plan as
required by section 175A of the Clean Air Act (CAA). Elements of the
section 175 maintenance plan include a contingency plan and an
obligation to submit a subsequent maintenance plan revision in eight
years as required by the CAA.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Section 81.350 is amended by revising the entry for ``Rhinelander,
WI'' in the table entitled ``Wisconsin-2010 Sulfur Dioxide NAAQS
[Primary]'' to read as follows:
Sec. 81.350 Wisconsin.
* * * * *
Wisconsin--2010 Sulfur Dioxide NAAQS
[Primary]
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Designation
Designated area \1\ ---------------------------------------------------------------
Date \2\ Type
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* * * * * * *
Rhinelander, WI................................. January 12, 2022................. Attainment.
Oneida County (part)
City of Rhinelander, Crescent Town,
Newbold Town, Pine Lake Town, and
Pelican Town.
* * * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2022-00347 Filed 1-11-22; 8:45 am]
BILLING CODE 6560-50-P
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