Rule2023-15291
Air Plan Approval; Wisconsin; Emissions Reporting and Infrastructure SIP Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 24, 2023
Effective
August 23, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the Wisconsin state implementation plan (SIP) revising air emissions reporting requirements codified in Chapter 438 of the Wisconsin Administrative Code (Wis. Admin. Code). Additionally, EPA is approving a related infrastructure requirement under section 110 of the Clean Air Act (CAA) for the 2012 fine particulate matter (PM<INF>2.5</INF>) and 2015 ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. EPA proposed to approve this action on March 23, 2023, and received no adverse comments.
Full Text
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<title>Federal Register, Volume 88 Issue 140 (Monday, July 24, 2023)</title>
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[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Rules and Regulations]
[Pages 47375-47377]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15291]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0529; EPA-R05-OAR-2022-0685; FRL-10638-02-R5]
Air Plan Approval; Wisconsin; Emissions Reporting and
Infrastructure SIP Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Wisconsin state implementation plan (SIP) revising air
emissions reporting requirements codified in Chapter 438 of the
Wisconsin Administrative Code (Wis. Admin. Code). Additionally, EPA is
approving a related infrastructure requirement under section 110 of the
Clean Air Act (CAA) for the 2012 fine particulate matter
(PM<INF>2.5</INF>) and 2015 ozone National Ambient Air Quality
Standards (NAAQS). The infrastructure requirements are designed to
ensure that the structural components of each
[[Page 47376]]
state's air quality management program are adequate to meet the state's
responsibilities under the CAA. EPA proposed to approve this action on
March 23, 2023, and received no adverse comments.
DATES: This final rule is effective on August 23, 2023.
ADDRESSES: EPA has established dockets for this action under Docket ID
No. EPA-R05-OAR-2015-0529 and EPA-R05-OAR-2022-0685. 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 Olivia Davidson, Environmental Scientist, at (312)
886-0266 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Olivia Davidson, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch
(AR18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-0266,
<a href="/cdn-cgi/l/email-protection#315550475855425e5f1f5e5d58475850715441501f565e47"><span class="__cf_email__" data-cfemail="e78386918e83948889c9888b8e918e86a7829786c9808891">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On March 23, 2023 (88 FR 17486), EPA proposed to approve revisions
to the Wisconsin Department of Natural Resources' (WDNR) air emissions
reporting rules contained in Chapter 438 of the Wis. Admin. Code
satisfying CAA section 110(a)(2)(F) otherwise known as ``element F''
for the 2012 PM<INF>2.5</INF> and 2015 ozone NAAQS. WDNR submitted
Board Order AM-31-19 (Rule AM-31-19) to EPA on August 3, 2022. The
submission addresses the identified reporting requirement deficiencies
in NR 438 Wis. Admin. Code and updates administrative language in NR
400.03 and NR 484.06(4) Wis. Admin. Code. EPA is incorporating these
revisions by reference into the Wisconsin SIP. An explanation of the
CAA requirements, a detailed analysis 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 April 24, 2023.
During the comment period, EPA received five comments. We do not
consider these comments to be germane or relevant to this action and
therefore not adverse to this action. The comments lack the required
specificity to the proposed SIP revision and the relevant requirements
of CAA section 110. Moreover, none of the comments address a specific
regulation or provision in question or recommend a different action on
the SIP submission from what EPA proposed. Therefore, we are finalizing
our action as proposed.
II. Final Action
EPA is approving WDNR's request to incorporate by reference the
revisions to NR 400.03, NR 438, and NR 484.06(4) contained in Rule AM-
31-19 into Wisconsin's SIP in order to update the emission reporting
requirements. Specifically, EPA is approving NR 400.03(4)(jp), NR 438
except for 438.03(am)2., and NR 484.06(4) Table 4D Row (a), as
published in the Wisconsin Register July 2022 No. 799, effective August
1, 2022. Further, EPA is approving CAA section 110(a)(2)(F) of
Wisconsin's infrastructure SIP submission for the 2012 PM<INF>2.5</INF>
and 2015 ozone NAAQS, based on the updated rule submission. Approving
this element will lead to full approval of Wisconsin's 2012
PM<INF>2.5</INF> infrastructure SIP.
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 sections I and 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
<a href="http://www.regulations.gov">www.regulations.gov</a>, 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:
<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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
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
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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.''
The WDNR did not evaluate environmental justice 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 to positive impact 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 environmental justice 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 September 22, 2023. 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, Ozone, Particulate matter, Reporting and recordkeeping
requirements.
Dated: July 13, 2023.
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)(149) to read as
follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(149) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on August 3,
2022, revising Wisconsin's air emission reporting requirements of NR
438 Wisconsin Administrative Code to include reporting requirements for
PM<INF>2.5</INF>, and updates to administrative language in NR 400.03
and NR 484.06(4) Wisconsin Administrative Code.
(i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
(A) NR 400.03(4)(jp), as published in the Wisconsin Register, July
2022 No. 799, effective August 1, 2022.
(B) NR 438, except for 438.03(am)2., as published in the Wisconsin
Register, July 2022 No. 799, effective August 1, 2022.
(C) NR 484.06(4) Table 4D Row (a), as published in the Wisconsin
Register, July 2022 No. 799, effective August 1, 2022.
(ii) [Reserved]
0
3. Section 52.2591 is amended by revising paragraph (h) and adding
paragraph (i) to read as follows:
Sec. 52.2591 Section 110(a)(2) infrastructure requirements.
* * * * *
(h) Approval. In a July 13, 2015, submission, supplemented August
8, 2016, and August 3, 2022, WDNR certified that the State has
satisfied the infrastructure SIP requirements of section 110(a)(2)(A)
through (H), and (J) through (M) for the 2012 PM<INF>2.5</INF> NAAQS.
(i) Approval. In an August 3, 2022, submission, WDNR certified that
the State has satisfied the infrastructure SIP requirements of section
110(a)(2)(F) for the 2015 ozone NAAQS.
* * * * *
[FR Doc. 2023-15291 Filed 7-21-23; 8:45 am]
BILLING CODE 6560-50-P
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