80_FR_21760 80 FR 21685 - Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2

80 FR 21685 - Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 75 (April 20, 2015)

Page Range21685-21691
FR Document2015-09051

The Environmental Protection Agency (EPA) is proposing to approve some elements of state implementation plan (SIP) submissions from Wisconsin regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 ozone, 2010 nitrogen dioxide (NO<INF>2</INF>), and 2010 sulfur dioxide (SO<INF>2</INF>) 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.

Federal Register, Volume 80 Issue 75 (Monday, April 20, 2015)
[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Proposed Rules]
[Pages 21685-21691]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09051]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0704; FRL-9926-33-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Infrastructure SIP Requirements for the 2008 Ozone, 2010 
NO2, and 2010 SO2 NAAQS

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve some elements of state implementation plan (SIP) submissions 
from Wisconsin regarding the infrastructure requirements of section 110 
of the Clean Air Act (CAA) for the 2008 ozone, 2010 nitrogen dioxide 
(NO2), and 2010 sulfur dioxide (SO2) 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.

DATES: Comments must be received on or before May 20, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0704, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0704. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy 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 Eric Svingen, Environmental Engineer, 
at (312) 353-4489 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4489, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What is the background of these SIP submissions?
III. What guidance is EPA using to evaluate these SIP submissions?
IV. What is the result of EPA's review of these SIP submissions?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.

[[Page 21686]]

    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What is the background of these SIP submissions?

A. What state submissions does this rulemaking address?

    This rulemaking addresses June 20, 2013, submissions and a January 
28, 2015, clarification from the Wisconsin Department of Natural 
Resources (WDNR) intended to address all applicable infrastructure 
requirements for the 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS.

B. Why did the state make these SIP submissions?

    Under section 110(a)(1) and (2) of the CAA, states are required to 
submit infrastructure SIPs to ensure that their SIPs provide for 
implementation, maintenance, and enforcement of the NAAQS, including 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. 
These submissions must contain any revisions needed for meeting the 
applicable SIP requirements of section 110(a)(2), or certifications 
that their existing SIPs for the NAAQS already meet those requirements.
    EPA highlighted this statutory requirement in an October 2, 2007, 
guidance document entitled ``Guidance on SIP Elements Required Under 
Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and 
PM2.5\1\ National Ambient Air Quality Standards'' (2007 
Guidance) and has issued additional guidance documents, the most recent 
on September 13, 2013, entitled ``Guidance on Infrastructure State 
Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and 
(2)'' (2013 Guidance). The SIP submissions referenced in this 
rulemaking pertain to the applicable requirements of section 110(a)(1) 
and (2), and address the 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS.
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    \1\ PM2.5 refers to particles with an aerodynamic 
diameter of less than or equal to 2.5 micrometers, oftentimes 
referred to as ``fine'' particles.
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C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submissions from Wisconsin that address 
the infrastructure requirements of CAA section 110(a)(1) and (2) for 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. The 
requirement for states to make SIP submissions of this type arises out 
of CAA section 110(a)(1), which states that states must make SIP 
submissions ``within 3 years (or such shorter period as the 
Administrator may prescribe) after the promulgation of a national 
primary ambient air quality standard (or any revision thereof),'' and 
these SIP submissions are to provide for the ``implementation, 
maintenance, and enforcement'' of such NAAQS. The statute directly 
imposes on states the duty to make these SIP submissions, and the 
requirement to make the submissions is not conditioned upon EPA's 
taking any action other than promulgating a new or revised NAAQS. 
Section 110(a)(2) includes a list of specific elements that ``[e]ach 
such plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the 
purpose of satisfying the requirements of CAA section 110(a)(1) and (2) 
as ``infrastructure SIP'' submissions. Although the term 
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to 
distinguish this particular type of SIP submission from submissions 
that are intended to satisfy other SIP requirements under the CAA, such 
as SIP submissions that address the nonattainment planning requirements 
of part D and the Prevention of Significant Deterioration (PSD) 
requirements of part C of title I of the CAA, and ``regional haze SIP'' 
submissions required to address the visibility protection requirements 
of CAA section 169A.
    This rulemaking will not cover three substantive areas that are not 
integral to acting on a state's infrastructure SIP submissions: (i) 
Existing provisions related to excess emissions during periods of 
start-up, shutdown, or malfunction (``SSM'') at sources, that may be 
contrary to the CAA and EPA's policies addressing such excess 
emissions; (ii) existing provisions related to ``director's variance'' 
or ``director's discretion'' that purport to permit revisions to SIP 
approved emissions limits with limited public notice or without 
requiring further approval by EPA, that may be contrary to the CAA; 
and, (iii) existing provisions for PSD programs that may be 
inconsistent with current requirements of EPA's ``Final NSR Improvement 
Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 
(June 13, 2007) (``NSR Reform''). Instead, EPA has the authority to 
address each one of these substantive areas in separate rulemakings. A 
detailed history, interpretation, and rationale as they relate to 
infrastructure SIP requirements can be found in EPA's May 13, 2014, 
proposed rule entitled, ``Infrastructure SIP Requirements for the 2008 
Lead NAAQS'' in the section, ``What is the scope of this rulemaking?'' 
(see 79 FR 27241 at 27242-27245).

III. What guidance is EPA using to evaluate these SIP submissions?

    EPA's guidance for these infrastructure SIP submissions is embodied 
in the 2007 Guidance referenced above. Specifically, attachment A of 
the 2007 Guidance (Required Section 110 SIP Elements) identifies the 
statutory elements that states need to submit in order to satisfy the 
requirements for an infrastructure SIP submission. As discussed above, 
EPA issued additional guidance, the most recent being the 2013 Guidance 
that further clarifies aspects of infrastructure SIPs that are not 
NAAQS specific.

IV. What is the result of EPA's review of these SIP submissions?

    Pursuant to section 110(a), states must provide reasonable notice 
and opportunity for public hearing for all infrastructure SIP 
submissions. WDNR provided notice of a public comment period on May 1, 
2013, held a public hearing at WDNR State Headquarters on June 10, 
2013, and closed the public comment period on June 14, 2013. Two 
comments were received, expressing support for improved environmental 
protection and air quality.
    Wisconsin provided a detailed synopsis of how various components of 
its SIP meet each of the applicable requirements in section 110(a)(2) 
for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS, 
as applicable. The following review evaluates the state's submissions.

A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures

    This section requires SIPs to include enforceable emission limits 
and other control measures, means or techniques, schedules for 
compliance, and other related matters. However, EPA has long 
interpreted emission limits and control measures for attaining the 
standards as being due when nonattainment planning requirements are 
due.\2\ In the context of an infrastructure SIP, EPA is not evaluating 
the existing SIP provisions for this purpose. Instead, EPA is only 
evaluating whether the state's SIP has basic structural provisions for 
the implementation of the NAAQS.
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    \2\ See, e.g., EPA's final rule on ``National Ambient Air 
Quality Standards for Lead.'' 73 FR 66964 at 67034.

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[[Page 21687]]

    Under Wisconsin Statutes (Wis. Stats.) 227 and 285, WDNR holds the 
authority to create new rules and implement existing emission limits 
and controls. Authority to monitor, update, and implement revisions to 
Wisconsin's SIP, including revisions to emission limits and control 
measures as necessary to meet NAAQS, is contained in Wis. Stats. 
285.11-285.19. Authority related to specific pollutants, including the 
establishment of ambient air quality standards and increments, 
identification of nonattainment areas, air resource allocations, and 
performance and emissions standards, is contained in Wis. Stats. 
285.21-285.29.
    Specifically, authority for WNDR to create new rules and 
regulations is found in Wis. Stats. 227.11, 285.11, and 285.21. Wis. 
Stats. 227.11(2)(a) expressly confers rule making authority to an 
agency. Wis. Stats. 285.11(1) and (6) require that WDNR promulgate 
rules and establish control strategies in order to prepare and 
implement the SIP for the prevention, abatement, and control of air 
pollution in Wisconsin.
    The 2013 Guidance states that to satisfy section 110(a)(2)(A) 
requirements, ``an air agency's submission should identify existing 
EPA-approved SIP provisions or new SIP provisions that the air agency 
has adopted and submitted for EPA approval that limit emissions of 
pollutants relevant to the subject NAAQS, including precursors of the 
relevant NAAQS pollutant where applicable.'' In its January 28, 2015, 
clarification letter, WDNR identified existing controls and emission 
limits in the Wisconsin Administrative Code that can be applied to the 
2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. These 
regulations include controls and emission limits for volatile organic 
compounds (VOC) and nitrogen oxides (NOX), which are 
precursors to ozone. VOC as an ozone precursor is controlled by 
Wisconsin Administrative Code Chapters Natural Resources (NR) 419-425, 
and NOX as an ozone precursor is controlled by NR 428; these 
regulations can be applied to the 2008 ozone NAAQS. NR 428 contains 
existing controls and emission limits for NOX; these 
regulations can be applied to the 2010 NO2 NAAQS. NR 418 
contains existing controls and emission limits for SO2; 
these regulations can be applied to the 2010 SO2 NAAQS.
    In this rulemaking, EPA is not proposing to approve any new 
provisions in NR 419-425, NR 428, or NR 418 that have not been 
previously approved by EPA. EPA is also not proposing to approve or 
disapprove any existing state provisions or rules related to start-up, 
shutdown or malfunction or director's discretion in the context of 
section 110(a)(2)(A). EPA proposes that Wisconsin has met the 
infrastructure SIP requirements of section 110(a)(2)(A) with respect to 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System

    This section requires SIPs to include provisions to provide for 
establishing and operating ambient air quality monitors, collecting and 
analyzing ambient air quality data, and making these data available to 
EPA upon request. This review of the annual monitoring plan includes 
EPA's determination that the state: (i) Monitors air quality at 
appropriate locations throughout the state using EPA-approved Federal 
Reference Methods or Federal Equivalent Method monitors; (ii) submits 
data to EPA's Air Quality System (AQS) in a timely manner; and, (iii) 
provides EPA Regional Offices with prior notification of any planned 
changes to monitoring sites or the network plan.
    WDNR continues to operate an extensive air monitoring network, 
which is used to determine compliance with the NAAQS. Furthermore, WDNR 
submits yearly monitoring network plans to EPA, and EPA approved WDNR's 
Annual Air Monitoring Network Plan for ozone, NO2, and 
SO2 on October 31, 2014. Monitoring data from WDNR are 
entered into EPA's AQS in a timely manner, and the state provides EPA 
with prior notification when changes to its monitoring network or plan 
are being considered. EPA proposes that Wisconsin has met the 
infrastructure SIP requirements of section 110(a)(2)(B) with respect to 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures; 
PSD

    This section requires each state to provide a program for 
enforcement of control measures. Section 110(a)(2)(C) also includes 
various requirements relating to PSD.
1. Program for Enforcement of Control Measures
    States are required to include a program providing for enforcement 
of all SIP measures and the regulation of construction of new or 
modified stationary sources to meet new source review (NSR) 
requirements under PSD and nonattainment new source review (NNSR) 
programs. Part C of the CAA (sections 160-169B) addresses PSD, while 
part D of the CAA (sections 171-193) addresses NNSR requirements.
    WDNR maintains an enforcement program to ensure compliance with SIP 
requirements. The Bureau of Air Management houses an active statewide 
compliance and enforcement team that works in all geographic regions of 
the state. WDNR refers actions as necessary to the Wisconsin Department 
of Justice with the involvement of WDNR. Under Wis. Stats. 285.13, WDNR 
has the authority to impose fees and penalties to ensure that required 
measures are ultimately implemented. Wis. Stats. 285.83 and Wis. Stats. 
285.87 provide WDNR with the authority to enforce violations and assess 
penalties. EPA proposes that Wisconsin has met the enforcement of SIP 
measures requirements of section 110(a)(2)(C) with respect to the 2008 
ozone, 2010 NO2, and 2010 SO2 NAAQS.
2. PSD
    110(a)(2)(C) includes various PSD requirements: Identification of 
NOX as a precursor to ozone provisions in the PSD program, 
identification of precursors to PM2.5 and the identification 
of PM2.5 and PM10 \3\ condensables in the PSD 
program, PM2.5 increments in the PSD program, and greenhouse 
gas (GHG) permitting and the ``Tailoring Rule.'' \4\ In this 
rulemaking, we are not taking action on the state's satisfaction of the 
various PSD permitting requirements. Instead, EPA will evaluate 
Wisconsin's compliance with each of these requirements in a separate 
rulemaking.
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    \3\ PM10 refers to particles with an aerodynamic 
diameter of less than or equal to 10 micrometers.
    \4\ In EPA's April 28, 2011, proposed rulemaking for 
infrastructure SIPs for the 1997 ozone and PM2.5 NAAQS, 
we stated that each state's PSD program must meet applicable 
requirements for evaluation of all regulated NSR pollutants in PSD 
permits (see 76 FR 23757 at 23760). This view was reiterated in 
EPA's August 2, 2012, proposed rulemaking for infrastructure SIPs 
for the 2006 PM2.5 NAAQS (see 77 FR 45992 at 45998). In 
other words, if a state lacks provisions needed to adequately 
address NOX as a precursor to ozone, PM2.5 
precursors, PM2.5 and PM10 condensables, 
PM2.5 increments, or the Federal GHG permitting 
thresholds, the provisions of section 110(a)(2)(C) requiring a 
suitable PSD permitting program must be considered not to have been 
met irrespective of the NAAQS that triggered the requirement to 
submit an infrastructure SIP.
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D. Section 110(a)(2)(D)--Interstate Transport; Pollution Abatement

    Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions 
prohibiting any source or other type of emissions activity in one state 
from contributing significantly to nonattainment, or interfering with 
maintenance, of the NAAQS in another state. Section 110(a)(2)(D)(i)(II) 
requires SIPs to

[[Page 21688]]

include provisions prohibiting any source or other type of emissions 
activity in one state from interfering with measures required to 
prevent significant deterioration of air quality or to protect 
visibility in another state.
1. Interstate Transport--Significant Contribution
    On February 17, 2012, EPA promulgated designations for the 2010 
NO2 NAAQS, stating for the entire country that, ``The EPA is 
designating areas as ``unclassifiable/attainment'' to mean that 
available information does not indicate that the air quality in these 
areas exceeds the 2010 NO2 NAAQS'' (see 77 FR 9532). For 
comparison purposes, EPA examined the design values \5\ based on data 
collected between 2011 and 2013 from NO2 monitors in 
Wisconsin and surrounding states. Within Wisconsin, the highest design 
value was 49 ppb at a monitor in Milwaukee. In surrounding states, the 
highest design value was 64 ppb at a monitor in Chicago, IL. These 
design values are both lower than the standard, which is 100 ppb for 
the 2010 NO2 NAAQS. Additionally, as discussed in EPA's 
evaluation of 110(a)(2)(A) requirements, NR 428 contains controls and 
emission limits for NOX. Furthermore, NR 432 allows 
Wisconsin to implement the state portions of the Clean Air Interstate 
Rule (CAIR), which addresses emissions of NOX as well as 
SO2. On January 1, 2015, CAIR was replaced by the Cross-
State Air Pollution Rule (CSAPR), which requires reductions of 
NOX and SO2 emissions in order to reduce 
interstate transport. WDNR works with EPA in implementing this program. 
EPA believes that, in conjunction with the continued implementation of 
the state's ability to limit NOX emissions, low monitored 
values of NO2 will continue in and around Wisconsin. In 
other words, NO2 emissions from Wisconsin are not expected 
to cause or contribute to a violation of the 2010 NO2 NAAQS 
in another state.
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    \5\ The level of the 2010 NO2 NAAQS is 100 parts per 
billion (ppb) and the form is the 3-year average of the annual 98th 
percentile of the daily 1-hour maximum. For the most recent design 
values, see http://www.epa.gov/airtrends/values.html.
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    In this rulemaking, EPA is not evaluating section 
110(a)(2)(D)(i)(I) requirements relating to significant contribution to 
transport for the 2008 ozone and 2010 SO2 NAAQS. Instead, 
EPA will evaluate these requirements in a separate rulemaking. EPA 
proposes that Wisconsin has met the section 110(a)(2)(D)(i)(I) 
requirements relating to significant contribution to transport for the 
2010 NO2 NAAQS.
2. Interstate Transport--Interfere With Maintenance
    As described above, EPA has classified all areas of the country as 
``unclassifiable/attainment'' for the 2010 NO2 NAAQS, 
NO2 design values in and around Wisconsin are lower than the 
standard, WDNR is able to control NO2 emissions, and CSAPR 
requires reductions in NOX emissions. In other words, 
NO2 emissions from Wisconsin are not expected to interfere 
with the maintenance of the 2010 NO2 NAAQS in another state.
    In this rulemaking, EPA is not evaluating section 
110(a)(2)(D)(i)(I) requirements relating to interference with 
maintenance for the 2008 ozone and 2010 SO2 NAAQS. Instead, 
EPA will evaluate these requirements in a separate rulemaking. EPA 
proposes that Wisconsin has met the section 110(a)(2)(D)(i)(I) 
requirements relating to interference with maintenance for the 2010 
NO2 NAAQS.
3. Interstate Transport--Prevention of Significant Deterioration
    Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions 
prohibiting interference with PSD. In this rulemaking, we are not 
taking action on the state's satisfaction of PSD requirements. Instead, 
EPA will evaluate Wisconsin's compliance with PSD requirements in a 
separate rulemaking.
4. Interstate Transport--Protect Visibility
    With regard to the applicable requirements for visibility 
protection of section 110(a)(2)(D)(i)(II), states are subject to 
visibility and regional haze program requirements under part C of the 
CAA (which includes sections 169A and 169B). The 2013 Guidance states 
that these requirements can be satisfied by an approved SIP addressing 
reasonably attributable visibility impairment, if required, or an 
approved SIP addressing regional haze.
    On August 7, 2012, EPA published its final approval of Wisconsin's 
regional haze plan (see 77 FR 46952). Therefore, EPA is proposing that 
Wisconsin has met the visibility protection requirements of section 
110(a)(2)(D)(i)(II) for the 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS.
5. Interstate and International Pollution Abatement
    Section 110(a)(2)(D)(ii) requires each SIP to contain adequate 
provisions requiring compliance with the applicable requirements of 
section 126 and section 115 of the CAA (relating to interstate and 
international pollution abatement, respectively).
    Section 126(a) requires new or modified sources to notify 
neighboring states of potential impacts from the source. The statute 
does not specify the method by which the source should provide the 
notification. States with SIP-approved PSD programs must have a 
provision requiring such notification by new or modified sources. A 
lack of such a requirement in state rules would be grounds for 
disapproval of this element.
    Wisconsin has provisions in its EPA-approved PSD program requiring 
new or modified sources to notify neighboring states of potential 
negative air quality impacts. Wisconsin's submissions reference these 
provisions as being adequate to meet the requirements of section 
126(a). EPA proposes that Wisconsin has met the infrastructure SIP 
requirements of section 110(a)(2)(D)(ii) related to section 126(a) with 
respect to the 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS.
    The submissions from Wisconsin affirm that the state has no pending 
obligations under section 115. EPA proposes that Wisconsin has met the 
infrastructure SIP requirements of section 110(a)(2)(D)(ii) related to 
section 115 with respect to the 2008 ozone, 2010 NO2, and 
2010 SO2 NAAQS.

E. Section 110(a)(2)(E)--Adequate Authority and Resources

    This section requires each state to provide for adequate personnel, 
funding, and legal authority under state law to carry out its SIP, and 
related issues. Section 110(a)(2)(E)(ii) also requires each state to 
comply with the requirements respecting state boards under section 128.
1. Adequate Resources
    Wisconsin's biennial budget ensures that EPA grant funds as well as 
state funding appropriations are sufficient to administer its air 
quality management program, and WDNR has routinely demonstrated that it 
retains adequate personnel to administer its air quality management 
program. Wisconsin's Environmental Performance Partnership Agreement 
with EPA documents certain funding and personnel levels at WDNR. As 
discussed in previous sections, basic duties and authorities in the 
state are outlined in Wis. Stats. 285.11. EPA proposes that Wisconsin 
has met the infrastructure SIP requirements of this portion of section 
110(a)(2)(E) with respect to the 2008 ozone, 2010 NO2, and 
2010 SO2 NAAQS.

[[Page 21689]]

2. State Board Requirements
    Section 110(a)(2)(E) also requires each SIP to contain provisions 
that comply with the state board requirements of section 128 of the 
CAA. That provision contains two explicit requirements: (i) That any 
board or body which approves permits or enforcement orders under this 
chapter shall have at least a majority of members who represent the 
public interest and do not derive any significant portion of their 
income from persons subject to permits and enforcement orders under 
this chapter, and (ii) that any potential conflicts of interest by 
members of such board or body or the head of an executive agency with 
similar powers be adequately disclosed.
    In today's action, EPA is neither proposing to approve nor 
disapprove the portions of the submissions from Wisconsin intended to 
address the state board requirements of section 110(a)(2)(E)(ii). 
Instead, EPA will take separate action on compliance with section 
110(a)(2)(E)(ii) for the state at a later time. EPA is working with 
WDNR to address these requirements in the most appropriate way.

F. Section 110(a)(2)(F)--Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary 
sources and submit periodic emissions reports. Each plan shall also 
require the installation, maintenance, and replacement of equipment, 
and the implementation of other necessary steps, by owners or operators 
of stationary sources to monitor emissions from such sources. The state 
plan shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such sources, and correlation 
of such reports by each state agency with any emission limitations or 
standards established pursuant to this chapter. Lastly, the reports 
shall be available at reasonable times for public inspection.
    WDNR requires regulated sources to submit various reports, 
dependent on applicable requirements and the type of permit issued, to 
the Bureau of Air Management Compliance Team. The frequency and 
requirements for report review are incorporated as part of NR 438 and 
NR 439. Additionally, WDNR routinely submits quality assured analyses 
and data obtained from its stationary source monitoring system for 
review and publication by EPA. Basic authority for Wisconsin's 
Federally mandated Compliance Assurance Monitoring reporting structure 
is provided in Wis. Stats. 285.65. EPA proposes that Wisconsin has met 
the infrastructure SIP requirements of section 110(a)(2)(F) with 
respect to the 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS.

G. Section 110(a)(2)(G)--Emergency Power

    This section requires that a plan provide for authority that is 
analogous to what is provided in section 303 of the CAA, and adequate 
contingency plans to implement such authority. The 2013 Guidance states 
that infrastructure SIP submissions should specify authority, rested in 
an appropriate official, to restrain any source from causing or 
contributing to emissions which present an imminent and substantial 
endangerment to public health or welfare, or the environment.
    Wis. Stats. 285.85 provides the requirement for WDNR to act upon a 
finding that an emergency episode or condition exists. The language 
contained in this chapter authorizes WDNR to seek immediate injunctive 
relief in circumstances of substantial danger to the environment or to 
public health. EPA proposes that Wisconsin has met the applicable 
infrastructure SIP requirements for this portion of section 
110(a)(2)(G) with respect to the 2008 ozone, 2010 NO2, and 
2010 SO2 NAAQS.

H. Section 110(a)(2)(H)--Future SIP Revisions

    This section requires states to have the authority to revise their 
SIPs in response to changes in the NAAQS, availability of improved 
methods for attaining the NAAQS, or to an EPA finding that the SIP is 
substantially inadequate.
    Wis. Stats. 285.11(6) provides WDNR with the authority to develop 
all rules, limits, and regulations necessary to meet the NAAQS as they 
evolve, and to respond to any EPA findings of inadequacy with the 
overall Wisconsin SIP and air management programs. EPA proposes that 
Wisconsin has met the infrastructure SIP requirements of section 
110(a)(2)(H) with respect to the 2008 ozone, 2010 NO2, and 
2010 SO2 NAAQS.

I. Section 110(a)(2)(I)--Nonattainment Planning Requirements of Part D

    The CAA requires that each plan or plan revision for an area 
designated as a nonattainment area meet the applicable requirements of 
part D of the CAA. Part D relates to nonattainment areas.
    EPA has determined that section 110(a)(2)(I) is not applicable to 
the infrastructure SIP process. Instead, EPA takes action on part D 
attainment plans through separate processes.

J. Section 110(a)(2)(J)--Consultation With Government Officials; Public 
Notification; PSD; Visibility Protection

    The evaluation of the submissions from Wisconsin with respect to 
the requirements of section 110(a)(2)(J) are described below.
1. Consultation With Government Officials
    States must provide a process for consultation with local 
governments and Federal Land Managers (FLMs) carrying out NAAQS 
implementation requirements.
    Wis. Stats. 285.13(5) contains the provisions for WDNR to advise, 
consult, contract, and cooperate with other agencies of the state and 
local governments, industries, other states, interstate or inter-local 
agencies, the Federal government, and interested persons or groups 
during the entire process of SIP revision development and 
implementation and for other elements regarding air management for 
which WDNR is the officially charged agency. WDNR's Bureau of Air 
Management has effectively used formal stakeholder structures in the 
development and refinement of all SIP revisions. Additionally, 
Wisconsin is an active member of the Lake Michigan Air Directors 
Consortium (LADCO), which provides technical assessments and a forum 
for discussion regarding air quality issues to member states. EPA 
proposes that Wisconsin has satisfied the infrastructure SIP 
requirements of this portion of section 110(a)(2)(J) with respect to 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
2. Public Notification
    Section 110(a)(2)(J) also requires states to notify the public if 
NAAQS are exceeded in an area and to enhance public awareness of 
measures that can be taken to prevent exceedances. WDNR maintains 
portions of its Web site specifically for issues related to the 2008 
ozone, 2010 NO2, and 2010 SO2 NAAQS.\6\ 
Information related to monitoring sites is found on Wisconsin's Web 
site, as is the calendar for all public events and public hearings held 
in the state. EPA proposes that Wisconsin has met the infrastructure 
SIP requirements of this portion of section 110(a)(2)(J) with respect 
to the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
---------------------------------------------------------------------------

    \6\ http://dnr.wi.gov/topic/AirQuality/Pollutants.html.

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

[[Page 21690]]

3. PSD
    States must meet applicable requirements of section 110(a)(2)(C) 
related to PSD. Wisconsin's PSD program in the context of 
infrastructure SIPs has already been discussed in the paragraphs 
addressing section 110(a)(2)(C) and (a)(2)(D)(i)(II). EPA will evaluate 
Wisconsin's compliance with the various PSD and GHG infrastructure SIP 
requirements of section 110(a)(2)(J) in a separate rulemaking.
4. Visibility Protection
    With regard to the applicable requirements for visibility 
protection, states are subject to visibility and regional haze program 
requirements under part C of the CAA (which includes sections 169A and 
169B). In the event of the establishment of a new NAAQS, the visibility 
and regional haze program requirements under part C do not change. 
Thus, we find that there is no new visibility obligation ``triggered'' 
under section 110(a)(2)(J) when a new NAAQS becomes effective. However, 
as EPA discussed above in section D, Wisconsin has a fully approved 
regional haze plan. This plan also meets the visibility requirements of 
section 110(a)(2)(J). EPA proposes that Wisconsin has satisfied the 
infrastructure SIP requirements of this portion of section 110(a)(2)(J) 
with respect to the 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS.

K. Section 110(a)(2)(K)--Air Quality Modeling/Data

    SIPs must provide for performing air quality modeling for 
predicting effects on air quality of emissions from any NAAQS pollutant 
and submission of such data to EPA upon request.
    WDNR maintains the capability to perform computer modeling of the 
air quality impacts of emissions of all criteria pollutants, including 
both source-oriented and more regionally directed complex photochemical 
grid models. WDNR collaborates with LADCO, EPA, and other Lake Michigan 
states in order to perform modeling. Wis. Stats. 285.11, Wis. Stats. 
285.13, and Wis. Stats. 285.60-285.69 authorize WDNR to perform 
modeling. EPA proposes that Wisconsin has met the infrastructure SIP 
requirements of section 110(a)(2)(K) with respect to the 2008 ozone, 
2010 NO2, and 2010 SO2 NAAQS.

L. Section 110(a)(2)(L)--Permitting Fees

    This section requires SIPs to mandate each major stationary source 
to pay permitting fees to cover the cost of reviewing, approving, 
implementing, and enforcing a permit.
    WDNR implements and operates the title V permit program, which EPA 
approved on December 4, 2001 (66 FR 62951). EPA approved revisions to 
the program on February 28, 2006 (71 FR 9934). NR 410 contains the 
provisions, requirements, and structures associated with the costs for 
reviewing, approving, implementing, and enforcing various types of 
permits. EPA proposes that Wisconsin has met the infrastructure SIP 
requirements of section 110(a)(2)(L) for the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS.

M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local 
Entities

    States must consult with and allow participation from local 
political subdivisions affected by the SIP.
    In addition to the measures outlined in the paragraph addressing 
WDNR's submittals regarding consultation requirements of section 
110(a)(2)(J), as contained in Wis. Stats. 285.13(5), the state follows 
a formal public hearing process in the development and adoption of all 
SIP revisions that entail new or revised control programs or strategies 
and targets. For SIP revisions covering more than one source, WDNR is 
required to provide the standing committees of the state legislature 
with jurisdiction over environmental matters with a 60 day review 
period to ensure that local entities have been properly engaged in the 
development process. EPA proposes that Wisconsin has met the 
infrastructure SIP requirements of section 110(a)(2)(M) with respect to 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

V. What action is EPA taking?

    EPA is proposing to approve most elements of submissions from 
Wisconsin certifying that its current SIP is sufficient to meet the 
required infrastructure elements under section 110(a)(1) and (2) for 
the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.
    EPA's proposed actions for the state's satisfaction of 
infrastructure SIP requirements, by element of section 110(a)(2) and 
NAAQS, are contained in the table below.

----------------------------------------------------------------------------------------------------------------
               Element                       2008 Ozone                 2010 NO2                 2010 SO2
----------------------------------------------------------------------------------------------------------------
(A)--Emission limits and other        A                         A                        A
 control measures.
(B)--Ambient air quality monitoring/  A                         A                        A
 data system.
(C)1--Program for enforcement of      A                         A                        A
 control measures.
(C)2--PSD...........................  NA                        NA                       NA
(D)1--I Prong 1: Interstate           NA                        A                        NA
 transport--significant contribution.
(D)2--I Prong 2: Interstate           NA                        A                        NA
 transport--interfere with
 maintenance.
(D)3--II Prong 3: Interstate          NA                        NA                       NA
 transport--prevention of
 significant deterioration.
(D)4--II Prong 4: Interstate          A                         A                        A
 transport--protect visibility.
(D)5--Interstate and international    A                         A                        A
 pollution abatement.
(E)1--Adequate resources............  A                         A                        A
(E)2--State board requirements......  NA                        NA                       NA
(F)--Stationary source monitoring     A                         A                        A
 system.
(G)--Emergency power................  A                         A                        A
(H)--Future SIP revisions...........  A                         A                        A
(I)--Nonattainment planning           NA                        NA                       NA
 requirements of part D.
(J)1--Consultation with government    A                         A                        A
 officials.
(J)2--Public notification...........  A                         A                        A
(J)3--PSD...........................  NA                        NA                       NA
(J)4--Visibility protection.........  A                         A                        A
(K)--Air quality modeling/data......  A                         A                        A
(L)--Permitting fees................  A                         A                        A
(M)--Consultation and participation   A                         A                        A
 by affected local entities.
----------------------------------------------------------------------------------------------------------------
In the above table, the key is as follows:
 A--Approve.
 NA--No Action/Separate Rulemaking.


[[Page 21691]]

VI. 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 13563 (76 FR 3821, January 21, 
2011);
     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 an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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
     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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Sulfur dioxide.

    Dated: April 2, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-09051 Filed 4-17-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                             Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Proposed Rules                                               21685

                                                    appropriate, disproportionate human                        1. www.regulations.gov: Follow the                     Docket: All documents in the docket
                                                    health or environmental effects, using                  on-line instructions for submitting                    are listed in the www.regulations.gov
                                                    practicable and legally permissible                     comments.                                              index. Although listed in the index,
                                                    methods, under Executive Order 12898                       2. Email: aburano.douglas@epa.gov.                  some information is not publicly
                                                    (59 FR 7629, February 16, 1994).                           3. Fax: (312) 408–2279.                             available, e.g., CBI or other information
                                                      This rule is not approved to apply on                    4. Mail: Douglas Aburano, Chief,                    whose disclosure is restricted by statute.
                                                    any Indian reservation land or in any                   Attainment Planning and Maintenance                    Certain other material, such as
                                                    other area where EPA or an Indian tribe                 Section, Air Programs Branch (AR–18J),                 copyrighted material, will be publicly
                                                    has demonstrated that a tribe has                       U.S. Environmental Protection Agency,                  available only in hard copy. Publicly
                                                    jurisdiction. In those areas of Indian                  77 West Jackson Boulevard, Chicago,                    available docket materials are available
                                                    country, the rule does not have tribal                  Illinois 60604.                                        either electronically in
                                                    implications as specified by Executive                     5. Hand Delivery: Douglas Aburano,                  www.regulations.gov or in hard copy at
                                                    Order 13175 (65 FR 67249, November 9,                   Chief, Attainment Planning and                         the Environmental Protection Agency,
                                                    2000), nor will it impose substantial                   Maintenance Section, Air Programs                      Region 5, Air and Radiation Division, 77
                                                    direct costs on tribal governments or                   Branch (AR–18J), U.S. Environmental                    West Jackson Boulevard, Chicago,
                                                    preempt tribal law.                                     Protection Agency, 77 West Jackson                     Illinois 60604. This facility is open from
                                                    List of Subjects in 40 CFR Part 52                      Boulevard, Chicago, Illinois 60604.                    8:30 a.m. to 4:30 p.m., Monday through
                                                                                                            Such deliveries are only accepted                      Friday, excluding Federal holidays. We
                                                      Environmental protection, Air                                                                                recommend that you telephone Eric
                                                    pollution control, Incorporation by                     during the Regional Office normal hours
                                                                                                            of operation, and special arrangements                 Svingen, Environmental Engineer, at
                                                    reference, Intergovernmental relations,                                                                        (312) 353–4489 before visiting the
                                                    Particulate matter, Reporting and                       should be made for deliveries of boxed
                                                                                                            information. The Regional Office official              Region 5 office.
                                                    recordkeeping requirements, Sulfur
                                                                                                            hours of business are Monday through                   FOR FURTHER INFORMATION CONTACT: Eric
                                                    oxides.
                                                                                                            Friday, 8:30 a.m. to 4:30 p.m., excluding              Svingen, Environmental Engineer,
                                                      Dated: April 2, 2015.                                 Federal holidays.                                      Attainment Planning and Maintenance
                                                    Susan Hedman,                                              Instructions: Direct your comments to               Section, Air Programs Branch (AR–18J),
                                                    Regional Administrator, Region 5.                       Docket ID No. EPA–R05–OAR–2014–                        Environmental Protection Agency,
                                                    [FR Doc. 2015–08896 Filed 4–17–15; 8:45 am]             0704. EPA’s policy is that all comments                Region 5, 77 West Jackson Boulevard,
                                                    BILLING CODE 6560–50–P                                  received will be included in the public                Chicago, Illinois 60604, (312) 353–4489,
                                                                                                            docket without change and may be                       svingen.eric@epa.gov.
                                                                                                            made available online at                               SUPPLEMENTARY INFORMATION:
                                                    ENVIRONMENTAL PROTECTION                                www.regulations.gov, including any                     Throughout this document whenever
                                                    AGENCY                                                  personal information provided, unless                  ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                            the comment includes information                       EPA. This supplementary information
                                                    40 CFR Part 52
                                                                                                            claimed to be Confidential Business                    section is arranged as follows:
                                                    [EPA–R05–OAR–2014–0704; FRL–9926–33–                    Information (CBI) or other information                 I. What should I consider as I prepare my
                                                    Region 5]                                               whose disclosure is restricted by statute.                  comments for EPA?
                                                                                                            Do not submit information that you                     II. What is the background of these SIP
                                                    Approval and Promulgation of Air                        consider to be CBI or otherwise                             submissions?
                                                    Quality Implementation Plans;                           protected through www.regulations.gov                  III. What guidance is EPA using to evaluate
                                                    Wisconsin; Infrastructure SIP                           or email. The www.regulations.gov Web                       these SIP submissions?
                                                    Requirements for the 2008 Ozone, 2010                   site is an ‘‘anonymous access’’ system,                IV. What is the result of EPA’s review of
                                                    NO2, and 2010 SO2 NAAQS                                 which means EPA will not know your                          these SIP submissions?
                                                                                                                                                                   V. What action is EPA taking?
                                                    AGENCY:  Environmental Protection                       identity or contact information unless
                                                                                                                                                                   VI. Statutory and Executive Order Reviews
                                                    Agency.                                                 you provide it in the body of your
                                                    ACTION: Proposed rule.                                  comment. If you send an email                          I. What should I consider as I prepare
                                                                                                            comment directly to EPA without going                  my comments for EPA?
                                                    SUMMARY:   The Environmental Protection                 through www.regulations.gov your email                    When submitting comments,
                                                    Agency (EPA) is proposing to approve                    address will be automatically captured                 remember to:
                                                    some elements of state implementation                   and included as part of the comment                       1. Identify the rulemaking by docket
                                                    plan (SIP) submissions from Wisconsin                   that is placed in the public docket and                number and other identifying
                                                    regarding the infrastructure                            made available on the Internet. If you                 information (subject heading, Federal
                                                    requirements of section 110 of the Clean                submit an electronic comment, EPA                      Register date and page number).
                                                    Air Act (CAA) for the 2008 ozone, 2010                  recommends that you include your                          2. Follow directions—EPA may ask
                                                    nitrogen dioxide (NO2), and 2010 sulfur                 name and other contact information in                  you to respond to specific questions or
                                                    dioxide (SO2) National Ambient Air                      the body of your comment and with any                  organize comments by referencing a
                                                    Quality Standards (NAAQS). The                          disk or CD–ROM you submit. If EPA                      Code of Federal Regulations (CFR) part
                                                    infrastructure requirements are designed                cannot read your comment due to                        or section number.
                                                    to ensure that the structural components                technical difficulties and cannot contact                 3. Explain why you agree or disagree;
                                                    of each state’s air quality management                  you for clarification, EPA may not be
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                                                                                                                                                                   suggest alternatives and substitute
                                                    program are adequate to meet the state’s                able to consider your comment.                         language for your requested changes.
                                                    responsibilities under the CAA.                         Electronic files should avoid the use of                  4. Describe any assumptions and
                                                    DATES: Comments must be received on                     special characters, any form of                        provide any technical information and/
                                                    or before May 20, 2015.                                 encryption, and be free of any defects or              or data that you used.
                                                    ADDRESSES: Submit your comments,                        viruses. For additional instructions on                   5. If you estimate potential costs or
                                                    identified by Docket ID No. EPA–R05–                    submitting comments, go to Section I of                burdens, explain how you arrived at
                                                    OAR–2014–0704, by one of the                            the SUPPLEMENTARY INFORMATION section                  your estimate in sufficient detail to
                                                    following methods:                                      of this document.                                      allow for it to be reproduced.


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                                                    21686                    Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Proposed Rules

                                                       6. Provide specific examples to                      make SIP submissions of this type arises               proposed rule entitled, ‘‘Infrastructure
                                                    illustrate your concerns, and suggest                   out of CAA section 110(a)(1), which                    SIP Requirements for the 2008 Lead
                                                    alternatives.                                           states that states must make SIP                       NAAQS’’ in the section, ‘‘What is the
                                                       7. Explain your views as clearly as                  submissions ‘‘within 3 years (or such                  scope of this rulemaking?’’ (see 79 FR
                                                    possible, avoiding the use of profanity                 shorter period as the Administrator may                27241 at 27242–27245).
                                                    or personal threats.                                    prescribe) after the promulgation of a
                                                       8. Make sure to submit your                          national primary ambient air quality                   III. What guidance is EPA using to
                                                    comments by the comment period                          standard (or any revision thereof),’’ and              evaluate these SIP submissions?
                                                    deadline identified.                                    these SIP submissions are to provide for                  EPA’s guidance for these
                                                    II. What is the background of these SIP                 the ‘‘implementation, maintenance, and                 infrastructure SIP submissions is
                                                    submissions?                                            enforcement’’ of such NAAQS. The                       embodied in the 2007 Guidance
                                                                                                            statute directly imposes on states the                 referenced above. Specifically,
                                                    A. What state submissions does this                     duty to make these SIP submissions,                    attachment A of the 2007 Guidance
                                                    rulemaking address?                                     and the requirement to make the                        (Required Section 110 SIP Elements)
                                                      This rulemaking addresses June 20,                    submissions is not conditioned upon                    identifies the statutory elements that
                                                    2013, submissions and a January 28,                     EPA’s taking any action other than                     states need to submit in order to satisfy
                                                    2015, clarification from the Wisconsin                  promulgating a new or revised NAAQS.                   the requirements for an infrastructure
                                                    Department of Natural Resources                         Section 110(a)(2) includes a list of                   SIP submission. As discussed above,
                                                    (WDNR) intended to address all                          specific elements that ‘‘[e]ach such                   EPA issued additional guidance, the
                                                    applicable infrastructure requirements                  plan’’ submission must address.                        most recent being the 2013 Guidance
                                                    for the 2008 ozone, 2010 NO2, and 2010                     EPA has historically referred to these              that further clarifies aspects of
                                                    SO2 NAAQS.                                              SIP submissions made for the purpose                   infrastructure SIPs that are not NAAQS
                                                                                                            of satisfying the requirements of CAA                  specific.
                                                    B. Why did the state make these SIP                     section 110(a)(1) and (2) as
                                                    submissions?                                            ‘‘infrastructure SIP’’ submissions.                    IV. What is the result of EPA’s review
                                                                                                            Although the term ‘‘infrastructure SIP’’               of these SIP submissions?
                                                      Under section 110(a)(1) and (2) of the
                                                    CAA, states are required to submit                      does not appear in the CAA, EPA uses                      Pursuant to section 110(a), states must
                                                    infrastructure SIPs to ensure that their                the term to distinguish this particular                provide reasonable notice and
                                                    SIPs provide for implementation,                        type of SIP submission from                            opportunity for public hearing for all
                                                    maintenance, and enforcement of the                     submissions that are intended to satisfy               infrastructure SIP submissions. WDNR
                                                    NAAQS, including the 2008 ozone,                        other SIP requirements under the CAA,                  provided notice of a public comment
                                                    2010 NO2, and 2010 SO2 NAAQS. These                     such as SIP submissions that address                   period on May 1, 2013, held a public
                                                    submissions must contain any revisions                  the nonattainment planning                             hearing at WDNR State Headquarters on
                                                    needed for meeting the applicable SIP                   requirements of part D and the                         June 10, 2013, and closed the public
                                                    requirements of section 110(a)(2), or                   Prevention of Significant Deterioration                comment period on June 14, 2013. Two
                                                    certifications that their existing SIPs for             (PSD) requirements of part C of title I of             comments were received, expressing
                                                    the NAAQS already meet those                            the CAA, and ‘‘regional haze SIP’’                     support for improved environmental
                                                    requirements.                                           submissions required to address the                    protection and air quality.
                                                      EPA highlighted this statutory                        visibility protection requirements of                     Wisconsin provided a detailed
                                                    requirement in an October 2, 2007,                      CAA section 169A.                                      synopsis of how various components of
                                                    guidance document entitled ‘‘Guidance                      This rulemaking will not cover three                its SIP meet each of the applicable
                                                    on SIP Elements Required Under                          substantive areas that are not integral to             requirements in section 110(a)(2) for the
                                                    Sections 110(a)(1) and (2) for the 1997                 acting on a state’s infrastructure SIP                 2008 ozone, 2010 NO2, and 2010 SO2
                                                    8-hour Ozone and PM2.51 National                        submissions: (i) Existing provisions                   NAAQS, as applicable. The following
                                                    Ambient Air Quality Standards’’ (2007                   related to excess emissions during                     review evaluates the state’s
                                                    Guidance) and has issued additional                     periods of start-up, shutdown, or                      submissions.
                                                    guidance documents, the most recent on                  malfunction (‘‘SSM’’) at sources, that
                                                                                                            may be contrary to the CAA and EPA’s                   A. Section 110(a)(2)(A)—Emission
                                                    September 13, 2013, entitled ‘‘Guidance
                                                                                                            policies addressing such excess                        Limits and Other Control Measures
                                                    on Infrastructure State Implementation
                                                                                                            emissions; (ii) existing provisions                      This section requires SIPs to include
                                                    Plan (SIP) Elements under CAA
                                                                                                            related to ‘‘director’s variance’’ or                  enforceable emission limits and other
                                                    Sections 110(a)(1) and (2)’’ (2013
                                                                                                            ‘‘director’s discretion’’ that purport to              control measures, means or techniques,
                                                    Guidance). The SIP submissions
                                                                                                            permit revisions to SIP approved                       schedules for compliance, and other
                                                    referenced in this rulemaking pertain to
                                                                                                            emissions limits with limited public                   related matters. However, EPA has long
                                                    the applicable requirements of section
                                                                                                            notice or without requiring further                    interpreted emission limits and control
                                                    110(a)(1) and (2), and address the 2008
                                                                                                            approval by EPA, that may be contrary                  measures for attaining the standards as
                                                    ozone, 2010 NO2, and 2010 SO2
                                                                                                            to the CAA; and, (iii) existing provisions             being due when nonattainment
                                                    NAAQS.                                                  for PSD programs that may be                           planning requirements are due.2 In the
                                                    C. What is the scope of this rulemaking?                inconsistent with current requirements                 context of an infrastructure SIP, EPA is
                                                      EPA is acting upon the SIP                            of EPA’s ‘‘Final NSR Improvement                       not evaluating the existing SIP
                                                                                                            Rule,’’ 67 FR 80186 (December 31,
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                                                    submissions from Wisconsin that                                                                                provisions for this purpose. Instead,
                                                    address the infrastructure requirements                 2002), as amended by 72 FR 32526 (June                 EPA is only evaluating whether the
                                                    of CAA section 110(a)(1) and (2) for the                13, 2007) (‘‘NSR Reform’’). Instead, EPA
                                                                                                                                                                   state’s SIP has basic structural
                                                    2008 ozone, 2010 NO2, and 2010 SO2                      has the authority to address each one of
                                                                                                                                                                   provisions for the implementation of the
                                                    NAAQS. The requirement for states to                    these substantive areas in separate
                                                                                                                                                                   NAAQS.
                                                                                                            rulemakings. A detailed history,
                                                      1 PM                                                  interpretation, and rationale as they
                                                           2.5 refers to particles with an aerodynamic
                                                                                                                                                                     2 See, e.g., EPA’s final rule on ‘‘National Ambient

                                                    diameter of less than or equal to 2.5 micrometers,      relate to infrastructure SIP requirements              Air Quality Standards for Lead.’’ 73 FR 66964 at
                                                    oftentimes referred to as ‘‘fine’’ particles.           can be found in EPA’s May 13, 2014,                    67034.



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                                                                             Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Proposed Rules                                                    21687

                                                      Under Wisconsin Statutes (Wis.                        to start-up, shutdown or malfunction or                while part D of the CAA (sections 171–
                                                    Stats.) 227 and 285, WDNR holds the                     director’s discretion in the context of                193) addresses NNSR requirements.
                                                    authority to create new rules and                       section 110(a)(2)(A). EPA proposes that                  WDNR maintains an enforcement
                                                    implement existing emission limits and                  Wisconsin has met the infrastructure                   program to ensure compliance with SIP
                                                    controls. Authority to monitor, update,                 SIP requirements of section 110(a)(2)(A)               requirements. The Bureau of Air
                                                    and implement revisions to Wisconsin’s                  with respect to the 2008 ozone, 2010                   Management houses an active statewide
                                                    SIP, including revisions to emission                    NO2, and 2010 SO2 NAAQS.                               compliance and enforcement team that
                                                    limits and control measures as                                                                                 works in all geographic regions of the
                                                    necessary to meet NAAQS, is contained                   B. Section 110(a)(2)(B)—Ambient Air
                                                                                                                                                                   state. WDNR refers actions as necessary
                                                    in Wis. Stats. 285.11–285.19. Authority                 Quality Monitoring/Data System
                                                                                                                                                                   to the Wisconsin Department of Justice
                                                    related to specific pollutants, including                  This section requires SIPs to include               with the involvement of WDNR. Under
                                                    the establishment of ambient air quality                provisions to provide for establishing                 Wis. Stats. 285.13, WDNR has the
                                                    standards and increments, identification                and operating ambient air quality                      authority to impose fees and penalties to
                                                    of nonattainment areas, air resource                    monitors, collecting and analyzing                     ensure that required measures are
                                                    allocations, and performance and                        ambient air quality data, and making                   ultimately implemented. Wis. Stats.
                                                    emissions standards, is contained in                    these data available to EPA upon                       285.83 and Wis. Stats. 285.87 provide
                                                    Wis. Stats. 285.21–285.29.                              request. This review of the annual                     WDNR with the authority to enforce
                                                       Specifically, authority for WNDR to                  monitoring plan includes EPA’s                         violations and assess penalties. EPA
                                                    create new rules and regulations is                     determination that the state: (i) Monitors             proposes that Wisconsin has met the
                                                    found in Wis. Stats. 227.11, 285.11, and                air quality at appropriate locations                   enforcement of SIP measures
                                                    285.21. Wis. Stats. 227.11(2)(a)                        throughout the state using EPA-                        requirements of section 110(a)(2)(C)
                                                    expressly confers rule making authority                 approved Federal Reference Methods or                  with respect to the 2008 ozone, 2010
                                                    to an agency. Wis. Stats. 285.11(1) and                 Federal Equivalent Method monitors;                    NO2, and 2010 SO2 NAAQS.
                                                    (6) require that WDNR promulgate rules                  (ii) submits data to EPA’s Air Quality
                                                    and establish control strategies in order                                                                      2. PSD
                                                                                                            System (AQS) in a timely manner; and,
                                                    to prepare and implement the SIP for                    (iii) provides EPA Regional Offices with                 110(a)(2)(C) includes various PSD
                                                    the prevention, abatement, and control                  prior notification of any planned                      requirements: Identification of NOX as a
                                                    of air pollution in Wisconsin.                          changes to monitoring sites or the                     precursor to ozone provisions in the
                                                       The 2013 Guidance states that to                     network plan.                                          PSD program, identification of
                                                    satisfy section 110(a)(2)(A)                                                                                   precursors to PM2.5 and the
                                                    requirements, ‘‘an air agency’s                            WDNR continues to operate an
                                                                                                            extensive air monitoring network,                      identification of PM2.5 and PM10 3
                                                    submission should identify existing                                                                            condensables in the PSD program, PM2.5
                                                    EPA-approved SIP provisions or new                      which is used to determine compliance
                                                                                                            with the NAAQS. Furthermore, WDNR                      increments in the PSD program, and
                                                    SIP provisions that the air agency has                                                                         greenhouse gas (GHG) permitting and
                                                    adopted and submitted for EPA                           submits yearly monitoring network
                                                                                                            plans to EPA, and EPA approved                         the ‘‘Tailoring Rule.’’ 4 In this
                                                    approval that limit emissions of                                                                               rulemaking, we are not taking action on
                                                    pollutants relevant to the subject                      WDNR’s Annual Air Monitoring
                                                                                                            Network Plan for ozone, NO2, and SO2                   the state’s satisfaction of the various
                                                    NAAQS, including precursors of the                                                                             PSD permitting requirements. Instead,
                                                    relevant NAAQS pollutant where                          on October 31, 2014. Monitoring data
                                                                                                            from WDNR are entered into EPA’s AQS                   EPA will evaluate Wisconsin’s
                                                    applicable.’’ In its January 28, 2015,                                                                         compliance with each of these
                                                    clarification letter, WDNR identified                   in a timely manner, and the state
                                                                                                            provides EPA with prior notification                   requirements in a separate rulemaking.
                                                    existing controls and emission limits in
                                                    the Wisconsin Administrative Code that                  when changes to its monitoring network                 D. Section 110(a)(2)(D)—Interstate
                                                    can be applied to the 2008 ozone, 2010                  or plan are being considered. EPA                      Transport; Pollution Abatement
                                                    NO2, and 2010 SO2 NAAQS. These                          proposes that Wisconsin has met the
                                                                                                            infrastructure SIP requirements of                       Section 110(a)(2)(D)(i)(I) requires SIPs
                                                    regulations include controls and                                                                               to include provisions prohibiting any
                                                    emission limits for volatile organic                    section 110(a)(2)(B) with respect to the
                                                                                                            2008 ozone, 2010 NO2, and 2010 SO2                     source or other type of emissions
                                                    compounds (VOC) and nitrogen oxides                                                                            activity in one state from contributing
                                                    (NOX), which are precursors to ozone.                   NAAQS.
                                                                                                                                                                   significantly to nonattainment, or
                                                    VOC as an ozone precursor is controlled                 C. Section 110(a)(2)(C)—Program for                    interfering with maintenance, of the
                                                    by Wisconsin Administrative Code                        Enforcement of Control Measures; PSD                   NAAQS in another state. Section
                                                    Chapters Natural Resources (NR) 419–                                                                           110(a)(2)(D)(i)(II) requires SIPs to
                                                    425, and NOX as an ozone precursor is                     This section requires each state to
                                                    controlled by NR 428; these regulations                 provide a program for enforcement of                      3 PM
                                                                                                                                                                            10 refers to particles with an aerodynamic
                                                    can be applied to the 2008 ozone                        control measures. Section 110(a)(2)(C)                 diameter of less than or equal to 10 micrometers.
                                                    NAAQS. NR 428 contains existing                         also includes various requirements                        4 In EPA’s April 28, 2011, proposed rulemaking

                                                    controls and emission limits for NOX;                   relating to PSD.                                       for infrastructure SIPs for the 1997 ozone and PM2.5
                                                    these regulations can be applied to the                                                                        NAAQS, we stated that each state’s PSD program
                                                                                                            1. Program for Enforcement of Control                  must meet applicable requirements for evaluation of
                                                    2010 NO2 NAAQS. NR 418 contains                         Measures                                               all regulated NSR pollutants in PSD permits (see 76
                                                    existing controls and emission limits for                                                                      FR 23757 at 23760). This view was reiterated in
                                                    SO2; these regulations can be applied to                   States are required to include a
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                                                                                                                                                                   EPA’s August 2, 2012, proposed rulemaking for
                                                    the 2010 SO2 NAAQS.                                     program providing for enforcement of                   infrastructure SIPs for the 2006 PM2.5 NAAQS (see
                                                                                                                                                                   77 FR 45992 at 45998). In other words, if a state
                                                       In this rulemaking, EPA is not                       all SIP measures and the regulation of                 lacks provisions needed to adequately address NOX
                                                    proposing to approve any new                            construction of new or modified                        as a precursor to ozone, PM2.5 precursors, PM2.5 and
                                                    provisions in NR 419–425, NR 428, or                    stationary sources to meet new source                  PM10 condensables, PM2.5 increments, or the
                                                    NR 418 that have not been previously                    review (NSR) requirements under PSD                    Federal GHG permitting thresholds, the provisions
                                                                                                                                                                   of section 110(a)(2)(C) requiring a suitable PSD
                                                    approved by EPA. EPA is also not                        and nonattainment new source review                    permitting program must be considered not to have
                                                    proposing to approve or disapprove any                  (NNSR) programs. Part C of the CAA                     been met irrespective of the NAAQS that triggered
                                                    existing state provisions or rules related              (sections 160–169B) addresses PSD,                     the requirement to submit an infrastructure SIP.



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                                                    21688                     Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Proposed Rules

                                                    include provisions prohibiting any                      2. Interstate Transport—Interfere With                 interstate and international pollution
                                                    source or other type of emissions                       Maintenance                                            abatement, respectively).
                                                    activity in one state from interfering                     As described above, EPA has                            Section 126(a) requires new or
                                                    with measures required to prevent                                                                              modified sources to notify neighboring
                                                                                                            classified all areas of the country as
                                                    significant deterioration of air quality or                                                                    states of potential impacts from the
                                                                                                            ‘‘unclassifiable/attainment’’ for the 2010
                                                    to protect visibility in another state.                                                                        source. The statute does not specify the
                                                                                                            NO2 NAAQS, NO2 design values in and
                                                    1. Interstate Transport—Significant                     around Wisconsin are lower than the                    method by which the source should
                                                    Contribution                                            standard, WDNR is able to control NO2                  provide the notification. States with
                                                                                                            emissions, and CSAPR requires                          SIP-approved PSD programs must have
                                                       On February 17, 2012, EPA
                                                                                                            reductions in NOX emissions. In other                  a provision requiring such notification
                                                    promulgated designations for the 2010
                                                    NO2 NAAQS, stating for the entire                       words, NO2 emissions from Wisconsin                    by new or modified sources. A lack of
                                                    country that, ‘‘The EPA is designating                  are not expected to interfere with the                 such a requirement in state rules would
                                                    areas as ‘‘unclassifiable/attainment’’ to               maintenance of the 2010 NO2 NAAQS                      be grounds for disapproval of this
                                                    mean that available information does                    in another state.                                      element.
                                                    not indicate that the air quality in these                 In this rulemaking, EPA is not                         Wisconsin has provisions in its EPA-
                                                    areas exceeds the 2010 NO2 NAAQS’’                      evaluating section 110(a)(2)(D)(i)(I)                  approved PSD program requiring new or
                                                    (see 77 FR 9532). For comparison                        requirements relating to interference                  modified sources to notify neighboring
                                                    purposes, EPA examined the design                       with maintenance for the 2008 ozone                    states of potential negative air quality
                                                    values 5 based on data collected between                and 2010 SO2 NAAQS. Instead, EPA                       impacts. Wisconsin’s submissions
                                                    2011 and 2013 from NO2 monitors in                      will evaluate these requirements in a                  reference these provisions as being
                                                    Wisconsin and surrounding states.                       separate rulemaking. EPA proposes that                 adequate to meet the requirements of
                                                    Within Wisconsin, the highest design                    Wisconsin has met the section                          section 126(a). EPA proposes that
                                                    value was 49 ppb at a monitor in                        110(a)(2)(D)(i)(I) requirements relating               Wisconsin has met the infrastructure
                                                    Milwaukee. In surrounding states, the                   to interference with maintenance for the               SIP requirements of section
                                                    highest design value was 64 ppb at a                    2010 NO2 NAAQS.                                        110(a)(2)(D)(ii) related to section 126(a)
                                                    monitor in Chicago, IL. These design                    3. Interstate Transport—Prevention of                  with respect to the 2008 ozone, 2010
                                                    values are both lower than the standard,                Significant Deterioration                              NO2, and 2010 SO2 NAAQS.
                                                    which is 100 ppb for the 2010 NO2                                                                                 The submissions from Wisconsin
                                                    NAAQS. Additionally, as discussed in                      Section 110(a)(2)(D)(i)(II) requires
                                                                                                                                                                   affirm that the state has no pending
                                                    EPA’s evaluation of 110(a)(2)(A)                        SIPs to include provisions prohibiting
                                                                                                                                                                   obligations under section 115. EPA
                                                    requirements, NR 428 contains controls                  interference with PSD. In this
                                                                                                                                                                   proposes that Wisconsin has met the
                                                    and emission limits for NOX.                            rulemaking, we are not taking action on
                                                                                                                                                                   infrastructure SIP requirements of
                                                    Furthermore, NR 432 allows Wisconsin                    the state’s satisfaction of PSD
                                                                                                                                                                   section 110(a)(2)(D)(ii) related to section
                                                    to implement the state portions of the                  requirements. Instead, EPA will
                                                                                                                                                                   115 with respect to the 2008 ozone,
                                                    Clean Air Interstate Rule (CAIR), which                 evaluate Wisconsin’s compliance with
                                                                                                                                                                   2010 NO2, and 2010 SO2 NAAQS.
                                                    addresses emissions of NOX as well as                   PSD requirements in a separate
                                                    SO2. On January 1, 2015, CAIR was                       rulemaking.                                            E. Section 110(a)(2)(E)—Adequate
                                                    replaced by the Cross-State Air                                                                                Authority and Resources
                                                                                                            4. Interstate Transport—Protect
                                                    Pollution Rule (CSAPR), which requires                  Visibility
                                                    reductions of NOX and SO2 emissions in                                                                            This section requires each state to
                                                    order to reduce interstate transport.                      With regard to the applicable                       provide for adequate personnel,
                                                    WDNR works with EPA in                                  requirements for visibility protection of              funding, and legal authority under state
                                                    implementing this program. EPA                          section 110(a)(2)(D)(i)(II), states are                law to carry out its SIP, and related
                                                    believes that, in conjunction with the                  subject to visibility and regional haze                issues. Section 110(a)(2)(E)(ii) also
                                                    continued implementation of the state’s                 program requirements under part C of                   requires each state to comply with the
                                                    ability to limit NOX emissions, low                     the CAA (which includes sections 169A                  requirements respecting state boards
                                                    monitored values of NO2 will continue                   and 169B). The 2013 Guidance states                    under section 128.
                                                    in and around Wisconsin. In other                       that these requirements can be satisfied               1. Adequate Resources
                                                    words, NO2 emissions from Wisconsin                     by an approved SIP addressing
                                                    are not expected to cause or contribute                 reasonably attributable visibility                       Wisconsin’s biennial budget ensures
                                                    to a violation of the 2010 NO2 NAAQS                    impairment, if required, or an approved                that EPA grant funds as well as state
                                                    in another state.                                       SIP addressing regional haze.                          funding appropriations are sufficient to
                                                       In this rulemaking, EPA is not                          On August 7, 2012, EPA published its                administer its air quality management
                                                    evaluating section 110(a)(2)(D)(i)(I)                   final approval of Wisconsin’s regional                 program, and WDNR has routinely
                                                    requirements relating to significant                    haze plan (see 77 FR 46952). Therefore,                demonstrated that it retains adequate
                                                    contribution to transport for the 2008                  EPA is proposing that Wisconsin has                    personnel to administer its air quality
                                                    ozone and 2010 SO2 NAAQS. Instead,                      met the visibility protection                          management program. Wisconsin’s
                                                    EPA will evaluate these requirements in                 requirements of section                                Environmental Performance Partnership
                                                    a separate rulemaking. EPA proposes                     110(a)(2)(D)(i)(II) for the 2008 ozone,                Agreement with EPA documents certain
                                                    that Wisconsin has met the section                                                                             funding and personnel levels at WDNR.
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                                                                                                            2010 NO2, and 2010 SO2 NAAQS.
                                                    110(a)(2)(D)(i)(I) requirements relating                                                                       As discussed in previous sections, basic
                                                    to significant contribution to transport                5. Interstate and International Pollution              duties and authorities in the state are
                                                    for the 2010 NO2 NAAQS.                                 Abatement                                              outlined in Wis. Stats. 285.11. EPA
                                                                                                              Section 110(a)(2)(D)(ii) requires each               proposes that Wisconsin has met the
                                                      5 The  level of the 2010 NO2 NAAQS is 100 parts       SIP to contain adequate provisions                     infrastructure SIP requirements of this
                                                    per billion (ppb) and the form is the 3-year average                                                           portion of section 110(a)(2)(E) with
                                                    of the annual 98th percentile of the daily 1-hour
                                                                                                            requiring compliance with the
                                                    maximum. For the most recent design values, see         applicable requirements of section 126                 respect to the 2008 ozone, 2010 NO2,
                                                    http://www.epa.gov/airtrends/values.html.               and section 115 of the CAA (relating to                and 2010 SO2 NAAQS.


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                                                                             Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Proposed Rules                                                    21689

                                                    2. State Board Requirements                             proposes that Wisconsin has met the                    takes action on part D attainment plans
                                                       Section 110(a)(2)(E) also requires each              infrastructure SIP requirements of                     through separate processes.
                                                    SIP to contain provisions that comply                   section 110(a)(2)(F) with respect to the
                                                                                                                                                                   J. Section 110(a)(2)(J)—Consultation
                                                    with the state board requirements of                    2008 ozone, 2010 NO2, and 2010 SO2
                                                                                                                                                                   With Government Officials; Public
                                                    section 128 of the CAA. That provision                  NAAQS.
                                                                                                                                                                   Notification; PSD; Visibility Protection
                                                    contains two explicit requirements: (i)                 G. Section 110(a)(2)(G)—Emergency
                                                    That any board or body which approves                   Power                                                     The evaluation of the submissions
                                                    permits or enforcement orders under                                                                            from Wisconsin with respect to the
                                                                                                               This section requires that a plan                   requirements of section 110(a)(2)(J) are
                                                    this chapter shall have at least a                      provide for authority that is analogous
                                                    majority of members who represent the                                                                          described below.
                                                                                                            to what is provided in section 303 of the
                                                    public interest and do not derive any                   CAA, and adequate contingency plans                    1. Consultation With Government
                                                    significant portion of their income from                to implement such authority. The 2013                  Officials
                                                    persons subject to permits and                          Guidance states that infrastructure SIP
                                                    enforcement orders under this chapter,                                                                           States must provide a process for
                                                                                                            submissions should specify authority,                  consultation with local governments
                                                    and (ii) that any potential conflicts of                rested in an appropriate official, to
                                                    interest by members of such board or                                                                           and Federal Land Managers (FLMs)
                                                                                                            restrain any source from causing or                    carrying out NAAQS implementation
                                                    body or the head of an executive agency                 contributing to emissions which present
                                                    with similar powers be adequately                                                                              requirements.
                                                                                                            an imminent and substantial                              Wis. Stats. 285.13(5) contains the
                                                    disclosed.                                              endangerment to public health or
                                                       In today’s action, EPA is neither                                                                           provisions for WDNR to advise, consult,
                                                                                                            welfare, or the environment.                           contract, and cooperate with other
                                                    proposing to approve nor disapprove                        Wis. Stats. 285.85 provides the
                                                    the portions of the submissions from                                                                           agencies of the state and local
                                                                                                            requirement for WDNR to act upon a
                                                    Wisconsin intended to address the state                                                                        governments, industries, other states,
                                                                                                            finding that an emergency episode or
                                                    board requirements of section                                                                                  interstate or inter-local agencies, the
                                                                                                            condition exists. The language
                                                    110(a)(2)(E)(ii). Instead, EPA will take                                                                       Federal government, and interested
                                                                                                            contained in this chapter authorizes
                                                    separate action on compliance with                                                                             persons or groups during the entire
                                                                                                            WDNR to seek immediate injunctive
                                                    section 110(a)(2)(E)(ii) for the state at a                                                                    process of SIP revision development
                                                                                                            relief in circumstances of substantial
                                                    later time. EPA is working with WDNR                                                                           and implementation and for other
                                                                                                            danger to the environment or to public
                                                    to address these requirements in the                                                                           elements regarding air management for
                                                                                                            health. EPA proposes that Wisconsin
                                                    most appropriate way.                                                                                          which WDNR is the officially charged
                                                                                                            has met the applicable infrastructure
                                                                                                                                                                   agency. WDNR’s Bureau of Air
                                                    F. Section 110(a)(2)(F)—Stationary                      SIP requirements for this portion of
                                                                                                                                                                   Management has effectively used formal
                                                    Source Monitoring System                                section 110(a)(2)(G) with respect to the
                                                                                                                                                                   stakeholder structures in the
                                                                                                            2008 ozone, 2010 NO2, and 2010 SO2
                                                       States must establish a system to                                                                           development and refinement of all SIP
                                                                                                            NAAQS.
                                                    monitor emissions from stationary                                                                              revisions. Additionally, Wisconsin is an
                                                    sources and submit periodic emissions                   H. Section 110(a)(2)(H)—Future SIP                     active member of the Lake Michigan Air
                                                    reports. Each plan shall also require the               Revisions                                              Directors Consortium (LADCO), which
                                                    installation, maintenance, and                             This section requires states to have                provides technical assessments and a
                                                    replacement of equipment, and the                       the authority to revise their SIPs in                  forum for discussion regarding air
                                                    implementation of other necessary                       response to changes in the NAAQS,                      quality issues to member states. EPA
                                                    steps, by owners or operators of                        availability of improved methods for                   proposes that Wisconsin has satisfied
                                                    stationary sources to monitor emissions                 attaining the NAAQS, or to an EPA                      the infrastructure SIP requirements of
                                                    from such sources. The state plan shall                 finding that the SIP is substantially                  this portion of section 110(a)(2)(J) with
                                                    also require periodic reports on the                    inadequate.                                            respect to the 2008 ozone, 2010 NO2,
                                                    nature and amounts of emissions and                        Wis. Stats. 285.11(6) provides WDNR                 and 2010 SO2 NAAQS.
                                                    emissions-related data from such                        with the authority to develop all rules,               2. Public Notification
                                                    sources, and correlation of such reports                limits, and regulations necessary to
                                                    by each state agency with any emission                  meet the NAAQS as they evolve, and to                    Section 110(a)(2)(J) also requires
                                                    limitations or standards established                    respond to any EPA findings of                         states to notify the public if NAAQS are
                                                    pursuant to this chapter. Lastly, the                   inadequacy with the overall Wisconsin                  exceeded in an area and to enhance
                                                    reports shall be available at reasonable                SIP and air management programs. EPA                   public awareness of measures that can
                                                    times for public inspection.                            proposes that Wisconsin has met the                    be taken to prevent exceedances. WDNR
                                                       WDNR requires regulated sources to                   infrastructure SIP requirements of                     maintains portions of its Web site
                                                    submit various reports, dependent on                    section 110(a)(2)(H) with respect to the               specifically for issues related to the
                                                    applicable requirements and the type of                 2008 ozone, 2010 NO2, and 2010 SO2                     2008 ozone, 2010 NO2, and 2010 SO2
                                                    permit issued, to the Bureau of Air                     NAAQS.                                                 NAAQS.6 Information related to
                                                    Management Compliance Team. The                                                                                monitoring sites is found on
                                                    frequency and requirements for report                   I. Section 110(a)(2)(I)—Nonattainment                  Wisconsin’s Web site, as is the calendar
                                                    review are incorporated as part of NR                   Planning Requirements of Part D                        for all public events and public hearings
                                                    438 and NR 439. Additionally, WDNR                         The CAA requires that each plan or
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                                                                                                                                                                   held in the state. EPA proposes that
                                                    routinely submits quality assured                       plan revision for an area designated as                Wisconsin has met the infrastructure
                                                    analyses and data obtained from its                     a nonattainment area meet the                          SIP requirements of this portion of
                                                    stationary source monitoring system for                 applicable requirements of part D of the               section 110(a)(2)(J) with respect to the
                                                    review and publication by EPA. Basic                    CAA. Part D relates to nonattainment                   2008 ozone, 2010 NO2, and 2010 SO2
                                                    authority for Wisconsin’s Federally                     areas.                                                 NAAQS.
                                                    mandated Compliance Assurance                              EPA has determined that section
                                                    Monitoring reporting structure is                       110(a)(2)(I) is not applicable to the                    6 http://dnr.wi.gov/topic/AirQuality/

                                                    provided in Wis. Stats. 285.65. EPA                     infrastructure SIP process. Instead, EPA               Pollutants.html.



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                                                    21690                             Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Proposed Rules

                                                    3. PSD                                                                    on air quality of emissions from any                                         M. Section 110(a)(2)(M)—Consultation/
                                                       States must meet applicable                                            NAAQS pollutant and submission of                                            Participation by Affected Local Entities
                                                    requirements of section 110(a)(2)(C)                                      such data to EPA upon request.
                                                                                                                                                                                                              States must consult with and allow
                                                    related to PSD. Wisconsin’s PSD                                             WDNR maintains the capability to                                           participation from local political
                                                    program in the context of infrastructure                                  perform computer modeling of the air                                         subdivisions affected by the SIP.
                                                    SIPs has already been discussed in the                                    quality impacts of emissions of all                                             In addition to the measures outlined
                                                    paragraphs addressing section                                             criteria pollutants, including both                                          in the paragraph addressing WDNR’s
                                                    110(a)(2)(C) and (a)(2)(D)(i)(II). EPA will                               source-oriented and more regionally                                          submittals regarding consultation
                                                    evaluate Wisconsin’s compliance with                                      directed complex photochemical grid                                          requirements of section 110(a)(2)(J), as
                                                    the various PSD and GHG infrastructure                                    models. WDNR collaborates with                                               contained in Wis. Stats. 285.13(5), the
                                                    SIP requirements of section 110(a)(2)(J)                                  LADCO, EPA, and other Lake Michigan                                          state follows a formal public hearing
                                                    in a separate rulemaking.                                                 states in order to perform modeling.                                         process in the development and
                                                    4. Visibility Protection                                                  Wis. Stats. 285.11, Wis. Stats. 285.13,                                      adoption of all SIP revisions that entail
                                                                                                                              and Wis. Stats. 285.60–285.69 authorize                                      new or revised control programs or
                                                       With regard to the applicable                                          WDNR to perform modeling. EPA
                                                    requirements for visibility protection,                                                                                                                strategies and targets. For SIP revisions
                                                                                                                              proposes that Wisconsin has met the                                          covering more than one source, WDNR
                                                    states are subject to visibility and                                      infrastructure SIP requirements of
                                                    regional haze program requirements                                                                                                                     is required to provide the standing
                                                                                                                              section 110(a)(2)(K) with respect to the                                     committees of the state legislature with
                                                    under part C of the CAA (which                                            2008 ozone, 2010 NO2, and 2010 SO2
                                                    includes sections 169A and 169B). In                                                                                                                   jurisdiction over environmental matters
                                                                                                                              NAAQS.                                                                       with a 60 day review period to ensure
                                                    the event of the establishment of a new
                                                    NAAQS, the visibility and regional haze                                   L. Section 110(a)(2)(L)—Permitting Fees                                      that local entities have been properly
                                                    program requirements under part C do                                                                                                                   engaged in the development process.
                                                                                                                                 This section requires SIPs to mandate                                     EPA proposes that Wisconsin has met
                                                    not change. Thus, we find that there is
                                                                                                                              each major stationary source to pay                                          the infrastructure SIP requirements of
                                                    no new visibility obligation ‘‘triggered’’
                                                                                                                              permitting fees to cover the cost of                                         section 110(a)(2)(M) with respect to the
                                                    under section 110(a)(2)(J) when a new
                                                                                                                              reviewing, approving, implementing,                                          2008 ozone, 2010 NO2, and 2010 SO2
                                                    NAAQS becomes effective. However, as
                                                                                                                              and enforcing a permit.                                                      NAAQS.
                                                    EPA discussed above in section D,
                                                    Wisconsin has a fully approved regional                                      WDNR implements and operates the                                          V. What action is EPA taking?
                                                    haze plan. This plan also meets the                                       title V permit program, which EPA
                                                    visibility requirements of section                                        approved on December 4, 2001 (66 FR                                             EPA is proposing to approve most
                                                    110(a)(2)(J). EPA proposes that                                           62951). EPA approved revisions to the                                        elements of submissions from
                                                    Wisconsin has satisfied the                                               program on February 28, 2006 (71 FR                                          Wisconsin certifying that its current SIP
                                                    infrastructure SIP requirements of this                                   9934). NR 410 contains the provisions,                                       is sufficient to meet the required
                                                    portion of section 110(a)(2)(J) with                                      requirements, and structures associated                                      infrastructure elements under section
                                                    respect to the 2008 ozone, 2010 NO2,                                      with the costs for reviewing, approving,                                     110(a)(1) and (2) for the 2008 ozone,
                                                    and 2010 SO2 NAAQS.                                                       implementing, and enforcing various                                          2010 NO2, and 2010 SO2 NAAQS.
                                                                                                                              types of permits. EPA proposes that                                             EPA’s proposed actions for the state’s
                                                    K. Section 110(a)(2)(K)—Air Quality                                       Wisconsin has met the infrastructure                                         satisfaction of infrastructure SIP
                                                    Modeling/Data                                                             SIP requirements of section 110(a)(2)(L)                                     requirements, by element of section
                                                      SIPs must provide for performing air                                    for the 2008 ozone, 2010 NO2, and 2010                                       110(a)(2) and NAAQS, are contained in
                                                    quality modeling for predicting effects                                   SO2 NAAQS.                                                                   the table below.

                                                                                                                       Element                                                                               2008 Ozone     2010 NO2       2010 SO2

                                                    (A)—Emission limits and other control measures ..............................................................................                           A             A             A
                                                    (B)—Ambient air quality monitoring/data system ...............................................................................                          A             A             A
                                                    (C)1—Program for enforcement of control measures ........................................................................                               A             A             A
                                                    (C)2—PSD ..........................................................................................................................................     NA            NA            NA
                                                    (D)1—I Prong 1: Interstate transport—significant contribution ...........................................................                               NA            A             NA
                                                    (D)2—I Prong 2: Interstate transport—interfere with maintenance ....................................................                                    NA            A             NA
                                                    (D)3—II Prong 3: Interstate transport—prevention of significant deterioration ..................................                                        NA            NA            NA
                                                    (D)4—II Prong 4: Interstate transport—protect visibility .....................................................................                          A             A             A
                                                    (D)5—Interstate and international pollution abatement ......................................................................                            A             A             A
                                                    (E)1—Adequate resources .................................................................................................................               A             A             A
                                                    (E)2—State board requirements .........................................................................................................                 NA            NA            NA
                                                    (F)—Stationary source monitoring system .........................................................................................                       A             A             A
                                                    (G)—Emergency power ......................................................................................................................              A             A             A
                                                    (H)—Future SIP revisions ...................................................................................................................            A             A             A
                                                    (I)—Nonattainment planning requirements of part D .........................................................................                             NA            NA            NA
                                                    (J)1—Consultation with government officials .....................................................................................                       A             A             A
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                                                    (J)2—Public notification ......................................................................................................................         A             A             A
                                                    (J)3—PSD ...........................................................................................................................................    NA            NA            NA
                                                    (J)4—Visibility protection ....................................................................................................................         A             A             A
                                                    (K)—Air quality modeling/data ............................................................................................................              A             A             A
                                                    (L)—Permitting fees ............................................................................................................................        A             A             A
                                                    (M)—Consultation and participation by affected local entities ...........................................................                               A             A             A
                                                       In the above table, the key is as follows:
                                                         A—Approve.
                                                         NA—No Action/Separate Rulemaking.



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                                                                             Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Proposed Rules                                                  21691

                                                    VI. Statutory and Executive Order                       governments or preempt tribal law as                   for the Public Reading Room is (202)
                                                    Reviews                                                 specified by Executive Order 13175 (65                 566–1744, and the telephone number for
                                                       Under the CAA, the Administrator is                  FR 67249, November 9, 2000).                           the Water Docket is (202) 566–2426. The
                                                    required to approve a SIP submission                                                                           EPA has established the official public
                                                                                                            List of Subjects in 40 CFR Part 52
                                                    that complies with the provisions of the                                                                       docket No. EPA–HQ–OW–2014–0797.
                                                                                                              Environmental protection, Air                        FOR FURTHER INFORMATION CONTACT:
                                                    CAA and applicable Federal regulations.                 pollution control, Incorporation by
                                                    42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                            Adrian Hanley, Engineering and
                                                                                                            reference, Intergovernmental relations,                Analysis Division (4303T), Office of
                                                    Thus, in reviewing SIP submissions,                     Nitrogen dioxide, Ozone, Reporting and
                                                    EPA’s role is to approve state choices,                                                                        Water, Environmental Protection
                                                                                                            recordkeeping requirements, Sulfur                     Agency, 1200 Pennsylvania Ave. NW.,
                                                    provided that they meet the criteria of                 dioxide.
                                                    the CAA. Accordingly, this action                                                                              Washington, DC 20460–0001; telephone:
                                                    merely approves state law as meeting                      Dated: April 2, 2015.                                (202) 564–1564; email: hanley.adrian@
                                                    Federal requirements and does not                       Susan Hedman,                                          epa.gov.
                                                    impose additional requirements beyond                   Regional Administrator, Region 5.                      SUPPLEMENTARY INFORMATION:
                                                    those imposed by state law. For that                    [FR Doc. 2015–09051 Filed 4–17–15; 8:45 am]
                                                    reason, this action:                                                                                           Comment Period
                                                                                                            BILLING CODE 6560–50–P
                                                       • Is not a ‘‘significant regulatory                                                                           The EPA is extending the previously
                                                    action’’ subject to review by the Office                                                                       announced public-comment period. The
                                                    of Management and Budget under                          ENVIRONMENTAL PROTECTION                               public comment period will end on May
                                                    Executive Orders 12866 (58 FR 51735,                    AGENCY                                                 20, 2015, rather than April 20, 2015.
                                                    October 4, 1993) and 13563 (76 FR 3821,                                                                        This will ensure that the public has
                                                    January 21, 2011);                                      40 CFR Part 136                                        sufficient time to review and comment
                                                       • Does not impose an information                     [EPA–HQ–OW–2014–0797; FRL–9926–38–                     on all of the information available,
                                                    collection burden under the provisions                  OW]                                                    including the proposed rule and other
                                                    of the Paperwork Reduction Act (44                                                                             materials in the docket.
                                                                                                            RIN 2040–AF48
                                                    U.S.C. 3501 et seq.);
                                                       • Is certified as not having a                                                                              List of Subjects in 40 CFR Part 136
                                                                                                            Clean Water Act Methods Update Rule
                                                    significant economic impact on a                        for the Analysis of Effluent; Comment                    Environmental protection,
                                                    substantial number of small entities                    Extension                                              Incorporation by reference, Reporting
                                                    under the Regulatory Flexibility Act (5                                                                        and recordkeeping requirements, Test
                                                    U.S.C. 601 et seq.);                                    AGENCY:  Environmental Protection                      procedures, Water pollution control.
                                                       • Does not contain any unfunded                      Agency (EPA).                                            Dated: April 9, 2015.
                                                    mandate or significantly or uniquely                    ACTION: Proposed rule; extension of the                Kenneth J. Kopocis,
                                                    affect small governments, as described                  public comment period.
                                                                                                                                                                   Deputy Assistant Administrator, Office of
                                                    in the Unfunded Mandates Reform Act                                                                            Water.
                                                    of 1995 (Pub. L. 104–4);                                SUMMARY:   Environmental Protection
                                                                                                            Agency (EPA) received requests for an                  [FR Doc. 2015–08890 Filed 4–17–15; 8:45 am]
                                                       • Does not have Federalism
                                                    implications as specified in Executive                  extension of the period for providing                  BILLING CODE 6560–50–P

                                                    Order 13132 (64 FR 43255, August 10,                    comments on the proposed rule entitled,
                                                    1999);                                                  ‘‘Clean Water Act Methods Update Rule
                                                                                                                                                                   ENVIRONMENTAL PROTECTION
                                                       • Is not an economically significant                 for the Analysis of Effluent,’’ published
                                                                                                            in the Federal Register on February 19,                AGENCY
                                                    regulatory action based on health or
                                                    safety risks subject to Executive Order                 2015. EPA extends the comment period
                                                                                                                                                                   40 CFR Part 271
                                                    13045 (62 FR 19885, April 23, 1997);                    in order to provide the public additional
                                                       • Is not a significant regulatory action             time to submit comments and                            [EPA–R01–RCRA–2015–0195; FRL–9926–
                                                    subject to Executive Order 13211 (66 FR                 supporting information.                                53–Region 1]
                                                    28355, May 22, 2001);                                   DATES: EPA extends the public comment
                                                                                                                                                                   Vermont: Proposed Authorization of
                                                       • Is not subject to requirements of                  period for the proposed rule published
                                                                                                            February 19, 2015, (80 FR 8956) to May                 State Hazardous Waste Management
                                                    Section 12(d) of the National
                                                                                                            20, 2015.                                              Program Revisions
                                                    Technology Transfer and Advancement
                                                    Act of 1995 (15 U.S.C. 272 note) because                ADDRESSES: Written comments on the                     AGENCY:  Environmental Protection
                                                    application of those requirements would                 proposed rule may be submitted to the                  Agency (EPA).
                                                    be inconsistent with the CAA; and                       EPA electronically, by mail, by facsimile              ACTION: Proposed rule.
                                                       • Does not provide EPA with the                      or through hand delivery/courier. Please
                                                    discretionary authority to address, as                  refer to the proposal (80 FR 8956) for the             SUMMARY:   EPA is proposing to grant
                                                    appropriate, disproportionate human                     addresses and detailed instructions.                   final authorization to the State of
                                                    health or environmental effects, using                     Docket. Publically available                        Vermont for changes to its hazardous
                                                    practicable and legally permissible                     documents relevant to this action are                  waste program. In the ‘‘Rules and
                                                    methods, under Executive Order 12898                    available for public inspection either                 Regulations’’ section of this Federal
                                                    (59 FR 7629, February 16, 1994).                        electronically at http://                              Register we are authorizing the changes
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                                                       In addition, the SIP is not approved                 www.regulations.gov or in hard copy at                 to the Vermont hazardous waste
                                                    to apply on any Indian reservation land                 the Water Docket in the EPA Docket                     program under the Resource
                                                    or in any other area where EPA or an                    Center, EPA/DC, EPA West, Room 3334,                   Conservation and Recovery Act (RCRA)
                                                    Indian tribe has demonstrated that a                    1301 Constitution Ave. NW.,                            as a direct final rule without prior
                                                    tribe has jurisdiction. In those areas of               Washington, DC. The Public Reading                     proposed rule. EPA has determined that
                                                    Indian country, the rule does not have                  Room is open from 8:30 a.m. to 4:30                    these changes satisfy all requirements
                                                    tribal implications and will not impose                 p.m., Monday through Friday, excluding                 needed to qualify for final authorization.
                                                    substantial direct costs on tribal                      legal holidays. The telephone number                   If we receive no adverse comment, we


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Document Created: 2018-02-21 10:12:42
Document Modified: 2018-02-21 10:12:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before May 20, 2015.
ContactEric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected]
FR Citation80 FR 21685 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Sulfur Dioxide

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