Proposed Rule2024-15598
Air Plan Approval; Wisconsin; Nitrogen Oxide Emissions Control Requirements
Primary source
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Published
July 17, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve Wisconsin's additions and amendments to chapters NR 400, 428, and 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 (NO<INF>X</INF>).
Full Text
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<title>Federal Register, Volume 89 Issue 137 (Wednesday, July 17, 2024)</title>
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[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Proposed Rules]
[Pages 58097-58099]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15598]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2024-0184; FRL-11968-01-R5]
Air Plan Approval; Wisconsin; Nitrogen Oxide Emissions Control
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve Wisconsin's additions and amendments to chapters NR 400, 428,
and 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 (NO<INF>X</INF>).
DATES: Comments must be received on or before August 16, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2024-0184 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#93f2e1e1f2bde0f2e1f2fbd3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="0b6a79796a25786a796a634b6e7b6a256c647d">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI), Proprietary Business Information (PBI), 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, PBI, or multimedia submissions,
and general
[[Page 58098]]
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Katie Mullen, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-3490,
<a href="/cdn-cgi/l/email-protection#abc6dec7c7cec585c0cadfc3c7cecec5ebcedbca85ccc4dd"><span class="__cf_email__" data-cfemail="6508100909000b4b0e04110d0900000b250015044b020a13">[email protected]</span></a>. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is the background of this SIP submission?
Chapter NR 428, Wis. Adm. Code, regulates the emissions of
NO<INF>X</INF> from certain stationary sources located in Wisconsin's
current ozone nonattainment areas and areas with a history of ozone
nonattainment, including Kenosha, Manitowoc, Milwaukee, Ozaukee,
Racine, Sheboygan, Washington, and Waukesha counties.
Since the promulgation of the 2001 and 2007 revisions to chapter NR
428, Wis. Adm. Code, Wisconsin has identified several implementation
issues associated with certain parts of this chapter. The purpose of
Wisconsin's proposed revisions is to ensure clear and consistent
implementation of NO<INF>X</INF> control requirements in chapter NR
428. Wisconsin is not currently seeking approval of this rule as it
pertains to the reasonably available control technology (RACT)
requirements under the 2015 ozone national ambient air quality standard
(NAAQS). EPA will be addressing RACT at a later date.
II. What is EPA's analysis of the proposed SIP revision?
Wisconsin's April 10, 2024, submittal requested that EPA approve
revisions to NO<INF>X</INF> 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.
A. Clarification of NOX Emission Limits During Secondary Fuel Useage
Wisconsin has revised sections NR 428.04(2)(i), 428.05(2)(b),
428.05(2)(f), 428.05(3)(f), 428.22(1), and 428.22(3) of the Wis. Adm.
Code to clarify that a unit firing secondary fuel is not subject to
emission limits and monitoring requirements when using only the
secondary fuel under certain limited circumstances, which include any
of the following conditions:
a. The emissions unit heat input capacity or maximum design power
output while utilizing the secondary fuel is less than the
corresponding applicability thresholds.
b. The emissions unit burns the secondary fuel only during periods
of curtailment or supply interruption of other fuel(s) not to exceed
500 hours in a 12 consecutive month period.
c. During periodic testing, maintenance, or operator training of
the secondary fuel when the periodic testing, maintenance, or operator
training does not exceed 48 hours during any calendar year.
d. The secondary fuel constitutes less than 1% of the unit's fuel
consumption within a 12 consecutive month period.
Also, NR 428.04(4)(c), 428.05(5)(c), and 428.24(1)(c) contain the
secondary fuel recordkeeping requirements. EPA is proposing that these
revisions are approvable since they clarify the applicability of
emission limits and monitoring requirements when a facility uses more
than one type of fuel.
B. Procedures for Approving a Site-Specific Emission Limit Alternative
Section NR 428.055 provides a pathway for facilities to request a
site-specific emission limit if the facility demonstrates that
compliance with requirements under sections NR 428.04 or 428.05 are
technologically or economically infeasible. The proposed site-specific
emission limit is only effective after it has been approved into the
State Implementation Plan (SIP) by EPA. These revisions are approvable
since they explain the steps needed to implement a site-specific
alternative emission limit.
C. Clarification of Monitoring Requirements for Specific Categories of
Emissions Units
Wisconsin has created language under sections NR 428.08(2)(e),
428.08(2)(f), and 428.08(3) that clarifies monitoring requirements and
exceptions for NO<INF>X</INF> emissions units such as kilns, furnaces,
asphalt plants, process heating units, and engines. Section NR
428.02(2)(g) incorporates an alternative to operating a continuous
emissions monitoring system (CEMS) by meeting operational and
performance testing requirements that are consistent with the SIP-
approved compliance demonstration requirements for emission limitations
under s. NR 428.23(1)(b). Section NR 428.08(2)(g)4. a. requires that
emissions performance tests be conducted according to Method 7, 7A, 7B,
7C, 7D, or 7E under 40 CFR part 60, appendix A. Section NR 484.04 table
2 Row (15m), which incorporates these Federal test methods by
reference, is revised to cross-reference to section NR
428.08(2)(g)(4)(a). These revisions are approvable since they clarify
the monitoring requirements and exceptions for NO<INF>X</INF> emission
units subject to this rule.
D. Revision of Compliance Monitoring Plan Submittal Deadline
Wisconsin has revised its deadline for compliance monitoring plan
submittals under section NR 428.07(1)(a)2., Wis. Adm. Code, from ``at
least 180 days prior to initial operation'' to ``at least 180 days
prior to initial operation, or an alternative date less than 180 days
approved by the department.'' The previous rule language required plans
to be submitted 180 days before initial operation. This means a source
would have been required to wait for the 180-day period to end prior to
operating, even if the source was permitted and physically capable of
operation prior to that date. This revised rule is approvable since it
streamlines the implementation of this section by allowing the source
to request an alternative date to avoid the waiting period if
warranted.
E. Clarification of Exception
Wisconsin's revisions clarify that the unit exception under section
NR 428.21(3), Wis. Adm. Code, applies only to units constructed before
August 1, 2007, as originally intended. This revision is approvable
since it clarifies which emission units qualify for this exception.
F. Definitions and Cross References
The proposed rule incorporates a definition for SIP, the acronym
for State Implementation Plan, under section NR 400.03(4)(mf).
Wisconsin has also added definitions for ``primary fuel'', ``secondary
fuel'', ``simple cycle stationary combustion turbine'', and ``supply
interruption'' or ``curtailment'' under section NR 428.02(7i), (7p),
(7u) and (7w). Wisconsin has also updated cross references through Ch.
NR 428, Wis. Adm. Code, to be consistent with the proposed rule
language. These
[[Page 58099]]
administrative type revisions are approvable since they ensure terms
included in the new rule language are defined and cross references are
updated.
EPA has reviewed the amendments contained in Wisconsin's submittal,
as discussed in detail above, and is proposing to approve the amended
portions of NR 400, 428, and 484. Because these changes provide clarity
and generally strengthen the currently approved SIP, EPA is proposing
that these changes will not interfere with any applicable requirement
concerning attainment, reasonable further progress, or any other Clean
Air Act (CAA) requirement, and therefore, fulfill section 110(l) of the
CAA.
III. What action is EPA taking?
EPA is proposing to approve the revisions in NR 400, 428, and 484
of the Wisconsin Administrative Code since these changes clarify and
streamline Wisconsin's NO<INF>X</INF> control regulatory requirements.
IV. Incorporation by Reference
In this document, 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 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), 428.22(1), 428.22(3),
428.24(1)(c), 428.08(2)(e)(title), 428.08(2)(f)(title), 428.08(2)(g),
428.08(3), 484.04 Table 2 Row (15m), and 428.21(3)(d), effective April
1, 2024, discussed in section II of this preamble. EPA has made, and
will continue to make, these documents generally available through
<a href="https://www.regulations.gov">https://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).
V. 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 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 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
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 EJ for people of color, low-income populations,
and Indigenous peoples.
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: June 10, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024-15598 Filed 7-16-24; 8:45 am]
BILLING CODE 6560-50-P
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