81 FR 11716 - Air Plan Approval; Wisconsin; Base Year Emission Inventories for the 2008 8-Hour Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 44 (March 7, 2016)

Page Range		11716-11717
FR Document		2016-04895

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Wisconsin Department of Natural Resources (WDNR) on November 14, 2014, to address emission inventory requirements for the Sheboygan, Wisconsin nonattainment area and the Wisconsin portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin (IL-IN-WI) nonattainment area under the 2008 ozone National Ambient Air Quality Standard (NAAQS). EPA is proposing to approve the 2011 Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NO<INF>X</INF>) emission inventories in the November 14, 2014, submittal as part of the Wisconsin SIP.

Federal Register, Volume 81 Issue 44 (Monday, March 7, 2016)

[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Proposed Rules]
[Pages 11716-11717]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04895]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0860; FRL 9943-30-Region 5]


Air Plan Approval; Wisconsin; Base Year Emission Inventories for 
the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
Wisconsin Department of Natural Resources (WDNR) on November 14, 2014, 
to address emission inventory requirements for the Sheboygan, Wisconsin 
nonattainment area and the Wisconsin portion of the Chicago-Naperville, 
Illinois-Indiana-Wisconsin (IL-IN-WI) nonattainment area under the 2008 
ozone National Ambient Air Quality Standard (NAAQS). EPA is proposing 
to approve the 2011 Volatile Organic Compounds (VOC) and Oxides of 
Nitrogen (NOX) emission inventories in the November 14, 
2014, submittal as part of the Wisconsin SIP.

DATES: Comments must be received on or before April 6, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0860 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on

[[Page 11717]]

making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Air Programs Branch (AR-
18J), Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6057, [email protected].

SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal 
Register, EPA is approving the State's SIP submittal as a direct final 
rule without prior proposal because EPA views this as a 
noncontroversial submittal and anticipates no adverse comments. A 
detailed rationale for the approval is set forth in the direct final 
rule. If no adverse comments are received in response to this rule, no 
further activity is contemplated. If EPA receives adverse comments, the 
direct final rule will be withdrawn and all public comments received 
will be addressed in a subsequent final rule based on this proposed 
rule. EPA will not institute a second comment period. Any parties 
interested in commenting on this action should do so at this time. 
Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment. For 
additional information see the direct final rule, which is located in 
the Rules section of this Federal Register.

    Dated: February 22, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-04895 Filed 3-4-16; 8:45 am]
 BILLING CODE 6560-50-P

11716 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules

making a voluntary disclosure of affect small governments, as described ENVIRONMENTAL PROTECTION
information to a state agency regarding in the Unfunded Mandates Reform Act AGENCY
a violation of an environmental statute, of 1995 (Public Law 104–4);
regulation, permit, or administrative 40 CFR Part 52
• does not have federalism
order is granted immunity from [EPA–R05–OAR–2014–0860; FRL 9943–30–
implications as specified in Executive
administrative or civil penalty. The Region 5]
Order 13132 (64 FR 43255, August 10,
Attorney General’s January 12, 1998
opinion states that the quoted language 1999);
Air Plan Approval; Wisconsin; Base
renders this statute inapplicable to • is not an economically significant Year Emission Inventories for the 2008
enforcement of any federally authorized regulatory action based on health or 8-Hour Ozone Standard
programs, since ‘‘no immunity could be safety risks subject to Executive Order
afforded from administrative, civil, or AGENCY: Environmental Protection
13045 (62 FR 19885, April 23, 1997);
criminal penalties because granting Agency (EPA).
• is not a significant regulatory action ACTION: Proposed rule.
such immunity would not be consistent subject to Executive Order 13211 (66 FR
with federal law, which is one of the SUMMARY: The Environmental Protection
28355, May 22, 2001);
criteria for immunity.’’ Agency (EPA) is proposing to approve a
Therefore, EPA has determined that • is not subject to requirements of
State Implementation Plan (SIP)
Virginia’s Privilege and Immunity section 12(d) of the National
revision submitted by the Wisconsin
statutes will not preclude the Technology Transfer and Advancement Department of Natural Resources
Commonwealth from enforcing its Act of 1995 (15 U.S.C. 272 note) because (WDNR) on November 14, 2014, to
program consistent with the federal application of those requirements would address emission inventory
requirements. In any event, because be inconsistent with the CAA; and requirements for the Sheboygan,
EPA has also determined that a state
• does not provide EPA with the Wisconsin nonattainment area and the
audit privilege and immunity law can Wisconsin portion of the Chicago-
discretionary authority to address, as
affect only state enforcement and cannot Naperville, Illinois-Indiana-Wisconsin
have any impact on federal enforcement appropriate, disproportionate human
health or environmental effects, using (IL–IN–WI) nonattainment area under
authorities, EPA may at any time invoke the 2008 ozone National Ambient Air
its authority under the CAA, including, practicable and legally permissible
methods, under Executive Order 12898 Quality Standard (NAAQS). EPA is
for example, sections 113, 167, 205, 211 proposing to approve the 2011 Volatile
or 213, to enforce the requirements or (59 FR 7629, February 16, 1994).
Organic Compounds (VOC) and Oxides
prohibitions of the state plan, In addition, this proposed rule, which of Nitrogen (NOX) emission inventories
independently of any state enforcement satisfies certain infrastructure in the November 14, 2014, submittal as
effort. In addition, citizen enforcement requirements of section 110(a)(2) of the part of the Wisconsin SIP.
under section 304 of the CAA is CAA for the 2012 PM2.5 NAAQS for the DATES: Comments must be received on
likewise unaffected by this, or any, state Commonwealth of Virginia, is not being or before April 6, 2016.
audit privilege or immunity law. approved to apply on any Indian ADDRESSES: Submit your comments,
VI. Statutory and Executive Order reservation land as defined in 18 U.S.C. identified by Docket ID No. EPA–R05–
Reviews 1151 or in any other area where EPA or OAR–2014–0860 at http://
Under the CAA, the Administrator is an Indian tribe has demonstrated that a www.regulations.gov or via email to
required to approve a SIP submission tribe has jurisdiction. In those areas of Aburano.Douglas@epa.gov. For
that complies with the provisions of the Indian country, the rule will not have comments submitted at Regulations.gov,
CAA and applicable federal regulations. tribal implications and will not impose follow the online instructions for
42 U.S.C. 7410(k); 40 CFR 52.02(a). substantial direct costs on tribal submitting comments. Once submitted,
Thus, in reviewing SIP submissions, governments or preempt tribal law as comments cannot be edited or removed
EPA’s role is to approve state choices, specified by Executive Order 13175 (65 from Regulations.gov. For either manner
provided that they meet the criteria of FR 67249, November 9, 2000). of submission, EPA may publish any
the CAA. Accordingly, this action comment received to its public docket.
List of Subjects in 40 CFR Part 52 Do not submit electronically any
merely approves state law as meeting
federal requirements and does not information you consider to be
Environmental protection, Air
impose additional requirements beyond Confidential Business Information (CBI)
pollution control, Incorporation by
those imposed by state law. For that or other information whose disclosure is
reference, Intergovernmental relations,
reason, this proposed action: restricted by statute. Multimedia
Particulate matter, Reporting and
• Is not a ‘‘significant regulatory recordkeeping requirements.
submissions (audio, video, etc.) must be
action’’ subject to review by the Office accompanied by a written comment.
of Management and Budget under Authority: 42 U.S.C. 7401 et seq. The written comment is considered the
Executive Order 12866 (58 FR 51735, Dated: February 19, 2016. official comment and should include
October 4, 1993); discussion of all points you wish to
Shawn M. Garvin,
• does not impose an information make. EPA will generally not consider
Regional Administrator, Region III. comments or comment contents located
collection burden under the provisions
[FR Doc. 2016–04755 Filed 3–4–16; 8:45 am] outside of the primary submission (i.e.
mstockstill on DSK4VPTVN1PROD with PROPOSALS

of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.); BILLING CODE 6560–50–P on the web, cloud, or other file sharing
• is certified as not having a system). For additional submission
significant economic impact on a methods, please contact the person
substantial number of small entities identified in the FOR FURTHER
under the Regulatory Flexibility Act (5 INFORMATION CONTACT section. For the
U.S.C. 601 et seq.); full EPA public comment policy,
• does not contain any unfunded information about CBI or multimedia
mandate or significantly or uniquely submissions, and general guidance on

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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules 11717

making effective comments, please visit State of South Carolina, through the Table of Contents
http://www2.epa.gov/dockets/ South Carolina Department of Health I. Background and Overview
commenting-epa-dockets. and Environmental Control (SC DHEC), II. What elements are required under
FOR FURTHER INFORMATION CONTACT: on May 8, 2014, to demonstrate that the Sections 110(a)(1) and (2)?
Edward Doty, Air Programs Branch State meets the infrastructure III. What is EPA’s approach to the review of
(AR–18J), Environmental Protection requirements of the Clean Air Act (CAA infrastructure SIP submissions?
Agency, 77 West Jackson Boulevard, or Act) for the 2010 1-hour sulfur IV. What is EPA’s analysis of how South
Chicago, Illinois 60604, (312) 886–6057, dioxide (SO2) national ambient air Carolina addressed the elements of the
quality standard (NAAQS). The CAA Sections 110(a)(1) and (2)
Doty.Edward@epa.gov. ‘‘Infrastructure’’ provisions?
SUPPLEMENTARY INFORMATION: In the
requires that each state adopt and
V. Proposed Action
Final Rules section of this Federal submit a SIP for the implementation,
VI. Statutory and Executive Order Reviews
Register, EPA is approving the State’s maintenance and enforcement of each
SIP submittal as a direct final rule NAAQS promulgated by EPA, which is I. Background and Overview
without prior proposal because EPA commonly referred to as an
‘‘infrastructure’’ SIP. SC DHEC certified On June 22, 2010 (75 FR 35520), EPA
views this as a noncontroversial promulgated a revised primary SO2
that the South Carolina SIP contains
submittal and anticipates no adverse NAAQS to an hourly standard of 75
provisions that ensure the 2010 1-hour
comments. A detailed rationale for the parts per billion based on a 3-year
SO2 NAAQS is implemented, enforced,
approval is set forth in the direct final average of the annual 99th percentile of
and maintained in South Carolina. EPA
rule. If no adverse comments are 1-hour daily maximum concentrations.
is proposing to determine that portions
received in response to this rule, no Pursuant to section 110(a)(1) of the
of South Carolina’s infrastructure
further activity is contemplated. If EPA CAA, states are required to submit SIPs
submission, submitted to EPA on May 8,
receives adverse comments, the direct meeting the applicable requirements of
2014, satisfy certain required
final rule will be withdrawn and all section 110(a)(2) within three years after
infrastructure elements for the 2010 1-
public comments received will be promulgation of a new or revised
hour SO2 NAAQS.
addressed in a subsequent final rule NAAQS or within such shorter period
based on this proposed rule. EPA will DATES: Written comments must be
received on or before April 6, 2016. as EPA may prescribe. Section 110(a)(2)
not institute a second comment period. requires states to address basic SIP
Any parties interested in commenting ADDRESSES: Submit your comments,
elements such as requirements for
on this action should do so at this time. identified by Docket ID No. EPA–R04–
monitoring, basic program requirements
Please note that if EPA receives adverse OAR–2015–0151 at http://
and legal authority that are designed to
comment on an amendment, paragraph, www.regulations.gov. Follow the online
assure attainment and maintenance of
or section of this rule and if that instructions for submitting comments.
the NAAQS. States were required to
provision may be severed from the Once submitted, comments cannot be
submit such SIPs for the 2010 1-hour
remainder of the rule, EPA may adopt edited or removed from Regulations.gov.
SO2 NAAQS to EPA no later than June
as final those provisions of the rule that EPA may publish any comment received
22, 2013.1
are not the subject of an adverse to its public docket. Do not submit
comment. For additional information electronically any information you Today’s action is proposing to
see the direct final rule, which is consider to be Confidential Business approve South Carolina’s infrastructure
located in the Rules section of this Information (CBI) or other information SIP submission for the applicable
Federal Register. whose disclosure is restricted by statute. requirements of the 2010 1-hour SO2
Multimedia submissions (audio, video, NAAQS, with the exception of the
Dated: February 22, 2016. interstate transport requirements of
etc.) must be accompanied by a written
Robert A. Kaplan, comment. The written comment is section 110(a)(2)(D)(i)(I) and (II) (prongs
Acting Regional Administrator, Region 5. considered the official comment and 1, 2, and 4). With respect to the
[FR Doc. 2016–04895 Filed 3–4–16; 8:45 am] should include discussion of all points interstate transport requirements of
BILLING CODE 6560–50–P you wish to make. EPA will generally section 110(a)(2)(D)(i)(I) and (II) (prongs
not consider comments or comment 1, 2, and 4), EPA is not proposing any
contents located outside of the primary action today regarding these
ENVIRONMENTAL PROTECTION submission (i.e. on the web, cloud, or requirements. For the aspects of South
AGENCY other file sharing system). For Carolina’s submittal proposed for
additional submission methods, the full approval today, EPA notes that the
40 CFR Part 52 EPA public comment policy, Agency is not approving any specific
[EPA–R04–OAR–2015–0151; FRL–9943–34– information about CBI or multimedia rule, but rather proposing that South
Region 4] submissions, and general guidance on Carolina’s already approved SIP meets
making effective comments, please visit certain CAA requirements.
Approval and Promulgation of http://www2.epa.gov/dockets/
Implementation Plans; South Carolina; commenting-epa-dockets. 1 In these infrastructure SIP submissions States

Infrastructure Requirements for the FOR FURTHER INFORMATION CONTACT:
generally certify evidence of compliance with
2010 Sulfur Dioxide National Ambient sections 110(a)(1) and (2) of the CAA through a
Michele Notarianni, Air Regulatory combination of state regulations and statutes, some
Air Quality Standard Management Section, Air Planning and
mstockstill on DSK4VPTVN1PROD with PROPOSALS

of which have been incorporated into the federally-
Implementation Branch, Air, Pesticides approved SIP. In addition, certain federally-
AGENCY: Environmental Protection approved, non-SIP regulations may also be
Agency (EPA). and Toxics Management Division, U.S. appropriate for demonstrating compliance with
ACTION: Proposed rule. Environmental Protection Agency, sections 110(a)(1) and (2). Throughout this
Region 4, 61 Forsyth Street SW., rulemaking, unless otherwise indicated, the term
SUMMARY: The Environmental Protection Atlanta, Georgia 30303–8960. Ms. ‘‘Regulation’’ indicates that the cited regulation has
been approved into South Carolina’s federally-
Agency (EPA) is proposing to approve Notarianni can be reached via electronic approved SIP. The term ‘‘S.C. Code Ann.’’ indicates
portions of the State Implementation mail at notarianni.michele@epa.gov or cited South Carolina state statutes, which are not
Plan (SIP) submission, submitted by the the telephone number (404) 562–9031. a part of the SIP unless otherwise indicated.

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Document Created: 2018-02-02 15:08:05
Document Modified: 2018-02-02 15:08:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received on or before April 6, 2016.
Contact		Edward Doty, Air Programs Branch (AR- 18J), Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6057, [email protected]
FR Citation		81 FR 11716