Rule2024-26114
Air Plan Approval; Wisconsin; Nitrogen Oxide Emissions Control 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
November 22, 2024
Effective
December 23, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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 (NO<INF>X</INF>). EPA proposed to approve this action on July 17, 2024, and received no comments.
Full Text
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<title>Federal Register, Volume 89 Issue 226 (Friday, November 22, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 (NO<INF>X</INF>). 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://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. 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, <a href="/cdn-cgi/l/email-protection#ef829a83838a81c1848e9b87838a8a81af8a9f8ec1888099"><span class="__cf_email__" data-cfemail="bdd0c8d1d1d8d393d6dcc9d5d1d8d8d3fdd8cddc93dad2cb">[email protected]</span></a>.
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 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. On July 17, 2024 (89 FR 58097), EPA proposed to approve
revisions to NO<INF>X</INF> 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 NO<INF>X</INF> 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 <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).
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 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 (NO<INF>X</INF>).
(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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