82_FR_51789 82 FR 51575 - Air Plan Approval; Wisconsin; 2017 Revisions to NR 400 and 406

82 FR 51575 - Air Plan Approval; Wisconsin; 2017 Revisions to NR 400 and 406

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 214 (November 7, 2017)

Page Range51575-51577
FR Document2017-23048

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Wisconsin State Implementation Plan (SIP) submitted by the Wisconsin Department of Natural Resources (WDNR) to EPA on May 16, 2017. The revision replaces the definition of ``emergency electric generator'' with a broader definition of ``restricted internal combustion engine''. In addition, the revision makes amendments to procedures for revoking construction permits as well as language changes and other administrative updates. Lastly, WDNR is removing from the SIP two Wisconsin Administrative Code provisions that affect eligibility of coverage under general and construction permits.

Federal Register, Volume 82 Issue 214 (Tuesday, November 7, 2017)
[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Rules and Regulations]
[Pages 51575-51577]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23048]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0280; FRL-9969-89-Region 5]


Air Plan Approval; Wisconsin; 2017 Revisions to NR 400 and 406

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Wisconsin State 
Implementation Plan (SIP) submitted by the Wisconsin Department of 
Natural Resources (WDNR) to EPA on May 16, 2017. The revision replaces 
the definition of ``emergency electric generator'' with a broader 
definition of ``restricted internal combustion engine''. In addition, 
the revision makes amendments to procedures for revoking construction 
permits as well as language changes and other administrative updates. 
Lastly, WDNR is removing from the SIP two Wisconsin Administrative Code 
provisions that affect eligibility of coverage under general and 
construction permits.

DATES: This direct final rule will be effective January 8, 2018, unless 
EPA receives adverse comments by December 7, 2017. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0280 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 official comment (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 making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Radhica Kanniganti, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-8097, [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. Review of State Submittals
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Review of State Submittals

    This final rulemaking addresses the May 16, 2017, WDNR submittal 
for SIP revision, revising the rules in the Wisconsin SIP to align them 
with Federal requirements. WDNR's submittal includes changes to the 
term ``electric generator'', replacing it with ``restricted internal 
combustion engine'' as well as other minor language and administrative 
changes. Specifically, NR 400.02(136m) replaces the existing definition 
of emergency ``electric generator'' with a broader definition of 
``restricted internal combustion engine'' and NR 406.04(1)(w) amends 
the exemption language for ``emergency electric generators'', replacing 
it with exemption for ``restricted use reciprocating internal 
combustion engines''. NR 406.08(1) and NR 406.10 involve minor changes 
to language, and NR 406.11(1) amends procedures for revoking 
construction permits. These changes serve the purpose of aligning the 
state and Federal regulations and are consistent with the Federal 
program. WDNR is also requesting the removal of two provisions from the 
SIP. NR 406.16(2)(d) and NR 406.17(3)(e) affect the eligibility of 
coverage under general and registration construction permits based on 
whether the project constituted a Type 2 action under the previous ch. 
NR 150. However, the current ch. NR 150 was amended and no longer 
defines or sets requirements for Type 2 actions. Removing these 
provisions from Wisconsin's SIP ensures consistency with Wisconsin 
Environmental Protection Act (WEPA)

[[Page 51576]]

laws and does not affect consistency with the CAA. It is also 
consistent with Section 110(l) of the CAA. Sources covered under 
registration and general permits are still subject to all emission caps 
and applicable requirements set out in those permits.

II. What action is EPA taking?

    EPA is approving revisions to Wisconsin's rules NR 400 and NR 406. 
EPA finds WDNR's submittal to be consistent with the CAA and applicable 
Federal requirements. WDNR's May 16, 2017, submittal requests that EPA 
approve the following rules into Wisconsin's SIP: (1) NR 400.02(136m), 
NR 406.04(1)(w), NR 406.08(1), NR 406.10 and NR 406.11(1). The 
submittal also requests removal of NR 406.16(2)(d) and NR 406.17(3)(e) 
from the SIP.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective January 8, 2018 
without further notice unless we receive relevant adverse written 
comments by December 7, 2017. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. 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. 
If we do not receive any comments, this action will be effective 
January 8, 2018.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Wisconsin 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov, and at the EPA Region 
5 Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 8, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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


[[Page 51577]]


    Dated: October 6, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
2. Section 52.2570 is amended by revising paragraph (c)(113)(i)(D) and 
by adding paragraph (c)(137) to read as follows:


Sec.  52.2570   Identification of plan.

* * * * *
    (c) * * *
    (113) * * *
    (i) * * *
    (D) NR 400.02(73m) and (131m), 406.02(1) and (2), 406.04(2m), NR 
406.11(1)(g)(1), 406.11(3), 406.16, 406.17, 406.18, 407.02(3m), 
407.105, 407.107, 407.14 Note, 407.14(4)(c), 407.15(8)(a) and 
410.03(1)(a)(6) and (7) as created and published in the (Wisconsin) 
Register, August 2005, No. 596, effective September 1, 2005. Sections 
NR 406.16(2)(d) and NR 406.17(3)(e) were repealed in 2015 and are 
removed without replacement; see paragraph (c)(137) of this section.
* * * * *
    (137) On May 16, 2017, the Wisconsin Department of Natural 
Resources submitted a request to revise Wisconsin's air permitting 
rules NR 400.02(136m), NR 406.04(1)(w), NR 406.08(1), NR 406.10 and NR 
406.11(1). These revisions replace the existing definition of 
``emergency electric generator'' with a broader definition of 
``restricted internal combustion engine'', amend procedures for 
revoking construction permits and include minor language changes and 
other administrative updates to ensure consistency with State and 
Federal regulations. Wisconsin has also requested to remove from the 
SIP NR 406.16(2)(d) and NR 406.17(3)(e), provisions affecting 
eligibility of coverage under general and registration construction 
permits, previously approved in paragraph (c)(113) of this section. 
This action ensures consistency with Wisconsin Environmental Protection 
Act (WEPA) laws.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, NR 400.02(136m) as published in 
the Wisconsin Administrative Register November 2015 No. 719A1, 
effective December 1, 2015.
    (B) Wisconsin Administrative Code, NR 406.04(1)(w), NR 406.08(1), 
NR 406.10 and NR 406.11(1) as published in the Wisconsin Administrative 
Register November 2015 No. 719A1, effective December 1, 2015.
    (ii) [Reserved]

[FR Doc. 2017-23048 Filed 11-6-17; 8:45 am]
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                                                               Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations                                         51575

                                                For the reasons set forth in the                      ENVIRONMENTAL PROTECTION                              methods, please contact the person
                                              preamble, 37 CFR part 42 is amended as                  AGENCY                                                identified in the FOR FURTHER
                                              follows.                                                                                                      INFORMATION CONTACT section. For the
                                                                                                      40 CFR Part 52                                        full EPA public comment policy,
                                              PART 42—TRIAL PRACTICE BEFORE                           [EPA–R05–OAR–2017–0280; FRL–9969–89–                  information about CBI or multimedia
                                              THE PATENT TRIAL AND APPEAL                             Region 5]                                             submissions, and general guidance on
                                              BOARD                                                                                                         making effective comments, please visit
                                                                                                      Air Plan Approval; Wisconsin; 2017                    http://www2.epa.gov/dockets/
                                              ■ 1. The authority citation for 37 CFR                  Revisions to NR 400 and 406                           commenting-epa-dockets.
                                              part 42 continues to read as follows:                   AGENCY: Environmental Protection                      FOR FURTHER INFORMATION CONTACT:
                                                Authority: 35 U.S.C. 2(b)(2), 6, 21, 23, 41,          Agency (EPA).                                         Radhica Kanniganti, Environmental
                                              135, 311, 312, 316, 321–326; Public Law 112–            ACTION: Direct final rule.
                                                                                                                                                            Engineer, Air Permits Section, Air
                                              29, 125 Stat. 284; and Pub. L. 112–274, 126                                                                   Programs Branch (AR–18J),
                                              Stat. 2456.                                             SUMMARY:   The Environmental Protection               Environmental Protection Agency,
                                                                                                      Agency (EPA) is taking direct final                   Region 5, 77 West Jackson Boulevard,
                                              ■   2. Add § 42.57 to read as follows:                  action to approve a revision to the                   Chicago, Illinois 60604, (312) 886–8097,
                                                                                                      Wisconsin State Implementation Plan                   kanniganti.radhica@epa.gov.
                                              § 42.57   Privilege for patent practitioners.           (SIP) submitted by the Wisconsin                      SUPPLEMENTARY INFORMATION:
                                                 (a) Privileged communications. A                     Department of Natural Resources                       Throughout this document whenever
                                              communication between a client and a                    (WDNR) to EPA on May 16, 2017. The                    ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                              USPTO patent practitioner or a foreign                  revision replaces the definition of                   EPA. This supplementary information
                                              jurisdiction patent practitioner that is                ‘‘emergency electric generator’’ with a               section is arranged as follows:
                                                                                                      broader definition of ‘‘restricted internal
                                              reasonably necessary and incident to the                                                                      I. Review of State Submittals
                                                                                                      combustion engine’’. In addition, the                 II. What action is EPA taking?
                                              scope of the practitioner’s authority
                                                                                                      revision makes amendments to                          III. Incorporation by Reference
                                              shall receive the same protections of                   procedures for revoking construction
                                              privilege under Federal law as if that                                                                        IV. Statutory and Executive Order Reviews
                                                                                                      permits as well as language changes and
                                              communication were between a client                     other administrative updates. Lastly,                 I. Review of State Submittals
                                              and an attorney authorized to practice                  WDNR is removing from the SIP two                        This final rulemaking addresses the
                                              in the United States, including all                     Wisconsin Administrative Code                         May 16, 2017, WDNR submittal for SIP
                                              limitations and exceptions.                             provisions that affect eligibility of                 revision, revising the rules in the
                                                 (b) Definitions. The term ‘‘USPTO                    coverage under general and construction               Wisconsin SIP to align them with
                                              patent practitioner’’ means a person                    permits.                                              Federal requirements. WDNR’s
                                              who has fulfilled the requirements to                   DATES: This direct final rule will be                 submittal includes changes to the term
                                              practice patent matters before the                      effective January 8, 2018, unless EPA                 ‘‘electric generator’’, replacing it with
                                              United States Patent and Trademark                      receives adverse comments by                          ‘‘restricted internal combustion engine’’
                                              Office under § 11.7 of this chapter.                    December 7, 2017. If adverse comments                 as well as other minor language and
                                              ‘‘Foreign jurisdiction patent                           are received, EPA will publish a timely               administrative changes. Specifically, NR
                                              practitioner’’ means a person who is                    withdrawal of the direct final rule in the            400.02(136m) replaces the existing
                                              authorized to provide legal advice on                   Federal Register informing the public                 definition of emergency ‘‘electric
                                                                                                      that the rule will not take effect.                   generator’’ with a broader definition of
                                              patent matters in a foreign jurisdiction,
                                              provided that the jurisdiction                          ADDRESSES: Submit your comments,                      ‘‘restricted internal combustion engine’’
                                                                                                      identified by Docket ID No. EPA–R05–                  and NR 406.04(1)(w) amends the
                                              establishes professional qualifications
                                                                                                      OAR–2017–0280 at http://                              exemption language for ‘‘emergency
                                              and the practitioner satisfies them. For
                                                                                                      www.regulations.gov or via email to                   electric generators’’, replacing it with
                                              foreign jurisdiction practitioners, this
                                                                                                      damico.genevieve@epa.gov. For                         exemption for ‘‘restricted use
                                              rule applies regardless of whether that                 comments submitted at Regulations.gov,                reciprocating internal combustion
                                              jurisdiction provides privilege or an                   follow the online instructions for                    engines’’. NR 406.08(1) and NR 406.10
                                              equivalent under its laws.                              submitting comments. Once submitted,                  involve minor changes to language, and
                                                 (c) Scope of coverage. USPTO patent                  comments cannot be edited or removed                  NR 406.11(1) amends procedures for
                                              practitioners and foreign jurisdiction                  from Regulations.gov. For either manner               revoking construction permits. These
                                              patent practitioners shall receive the                  of submission, EPA may publish any                    changes serve the purpose of aligning
                                              same treatment as attorneys on all issues               comment received to its public docket.                the state and Federal regulations and are
                                              affecting privilege or waiver, such as                  Do not submit electronically any                      consistent with the Federal program.
                                              communications with employees or                        information you consider to be                        WDNR is also requesting the removal of
                                              assistants of the practitioner and                      Confidential Business Information (CBI)               two provisions from the SIP. NR
                                              communications between multiple                         or other information whose disclosure is              406.16(2)(d) and NR 406.17(3)(e) affect
                                              practitioners.                                          restricted by statute. Multimedia                     the eligibility of coverage under general
                                                                                                      submissions (audio, video, etc.) must be              and registration construction permits
                                              Joseph Matal,                                           accompanied by a written comment.                     based on whether the project
                                              Associate Solicitor, performing the functions           The written comment is considered the                 constituted a Type 2 action under the
nshattuck on DSK9F9SC42PROD with RULES




                                              and duties of the Under Secretary of                    official comment and should include                   previous ch. NR 150. However, the
                                              Commerce for Intellectual Property and                  discussion of all points you wish to                  current ch. NR 150 was amended and no
                                              Director of the United States Patent and                make. EPA will generally not consider                 longer defines or sets requirements for
                                              Trademark Office.                                       comments or comment contents located                  Type 2 actions. Removing these
                                              [FR Doc. 2017–24190 Filed 11–6–17; 8:45 am]             outside of the official comment (i.e. on              provisions from Wisconsin’s SIP
                                              BILLING CODE 3510–16–P                                  the web, cloud, or other file sharing                 ensures consistency with Wisconsin
                                                                                                      system). For additional submission                    Environmental Protection Act (WEPA)


                                         VerDate Sep<11>2014   15:04 Nov 06, 2017   Jkt 244001   PO 00000   Frm 00027   Fmt 4700   Sfmt 4700   E:\FR\FM\07NOR1.SGM   07NOR1


                                              51576            Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations

                                              laws and does not affect consistency                    contact the person identified in the FOR                 In addition, the SIP is not approved
                                              with the CAA. It is also consistent with                FURTHER INFORMATION CONTACT     section of            to apply on any Indian reservation land
                                              Section 110(l) of the CAA. Sources                      this preamble for more information).                  or in any other area where EPA or an
                                              covered under registration and general                                                                        Indian tribe has demonstrated that a
                                                                                                      IV. Statutory and Executive Order
                                              permits are still subject to all emission                                                                     tribe has jurisdiction. In those areas of
                                              caps and applicable requirements set                    Reviews
                                                                                                                                                            Indian country, the rule does not have
                                              out in those permits.                                      Under the CAA, the Administrator is                tribal implications and will not impose
                                                                                                      required to approve a SIP submission                  substantial direct costs on tribal
                                              II. What action is EPA taking?
                                                                                                      that complies with the provisions of the              governments or preempt tribal law as
                                                 EPA is approving revisions to                        CAA and applicable Federal regulations.
                                              Wisconsin’s rules NR 400 and NR 406.                                                                          specified by Executive Order 13175 (65
                                                                                                      42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                              EPA finds WDNR’s submittal to be                                                                              FR 67249, November 9, 2000).
                                                                                                      Thus, in reviewing SIP submissions,
                                              consistent with the CAA and applicable                  EPA’s role is to approve state choices,                  The Congressional Review Act, 5
                                              Federal requirements. WDNR’s May 16,                    provided that they meet the criteria of               U.S.C. 801 et seq., as added by the Small
                                              2017, submittal requests that EPA                       the CAA. Accordingly, this action                     Business Regulatory Enforcement
                                              approve the following rules into                        merely approves state law as meeting                  Fairness Act of 1996, generally provides
                                              Wisconsin’s SIP: (1) NR 400.02(136m),                   Federal requirements and does not                     that before a rule may take effect, the
                                              NR 406.04(1)(w), NR 406.08(1), NR                       impose additional requirements beyond                 agency promulgating the rule must
                                              406.10 and NR 406.11(1). The submittal                  those imposed by state law. For that                  submit a rule report, which includes a
                                              also requests removal of NR 406.16(2)(d)                reason, this action:                                  copy of the rule, to each House of the
                                              and NR 406.17(3)(e) from the SIP.                          • Is not a significant regulatory action           Congress and to the Comptroller General
                                                 We are publishing this action without                subject to review by the Office of                    of the United States. EPA will submit a
                                              prior proposal because we view this as                  Management and Budget under
                                              a noncontroversial amendment and                                                                              report containing this action and other
                                                                                                      Executive Orders 12866 (58 FR 51735,                  required information to the U.S. Senate,
                                              anticipate no adverse comments.                         October 4, 1993) and 13563 (76 FR 3821,
                                              However, in the proposed rules section                                                                        the U.S. House of Representatives, and
                                                                                                      January 21, 2011);                                    the Comptroller General of the United
                                              of this Federal Register publication, we
                                                                                                         • Is not an Executive Order 13771 (82              States prior to publication of the rule in
                                              are publishing a separate document that
                                                                                                      FR 9339, February 2, 2017) regulatory                 the Federal Register. A major rule
                                              will serve as the proposal to approve the
                                                                                                      action because SIP approvals are                      cannot take effect until 60 days after it
                                              state plan if relevant adverse written
                                                                                                      exempted under Executive Order 12866.                 is published in the Federal Register.
                                              comments are filed. This rule will be
                                              effective January 8, 2018 without further                  • Does not impose an information                   This action is not a ‘‘major rule’’ as
                                              notice unless we receive relevant                       collection burden under the provisions
                                                                                                                                                            defined by 5 U.S.C. 804(2).
                                              adverse written comments by December                    of the Paperwork Reduction Act (44
                                                                                                      U.S.C. 3501 et seq.);                                    Under section 307(b)(1) of the CAA,
                                              7, 2017. If we receive such comments,
                                              we will withdraw this action before the                    • Is certified as not having a                     petitions for judicial review of this
                                                                                                      significant economic impact on a                      action must be filed in the United States
                                              effective date by publishing a
                                                                                                      substantial number of small entities                  Court of Appeals for the appropriate
                                              subsequent document that will
                                              withdraw the final action. All public                   under the Regulatory Flexibility Act (5               circuit by January 8, 2018. Filing a
                                              comments received will then be                          U.S.C. 601 et seq.);                                  petition for reconsideration by the
                                              addressed in a subsequent final rule                       • Does not contain any unfunded                    Administrator of this final rule does not
                                              based on the proposed action. EPA will                  mandate or significantly or uniquely                  affect the finality of this action for the
                                              not institute a second comment period.                  affect small governments, as described                purposes of judicial review nor does it
                                              Any parties interested in commenting                    in the Unfunded Mandates Reform Act                   extend the time within which a petition
                                              on this action should do so at this time.               of 1995 (Pub. L. 104–4);                              for judicial review may be filed, and
                                              Please note that if EPA receives adverse                   • Does not have Federalism                         shall not postpone the effectiveness of
                                              comment on an amendment, paragraph,                     implications as specified in Executive                such rule or action. Parties with
                                              or section of this rule and if that                     Order 13132 (64 FR 43255, August 10,                  objections to this direct final rule are
                                              provision may be severed from the                       1999);                                                encouraged to file a comment in
                                              remainder of the rule, EPA may adopt                       • Is not an economically significant               response to the parallel notice of
                                              as final those provisions of the rule that              regulatory action based on health or                  proposed rulemaking for this action
                                              are not the subject of an adverse                       safety risks subject to Executive Order               published in the proposed rules section
                                              comment. If we do not receive any                       13045 (62 FR 19885, April 23, 1997);                  of this Federal Register, rather than file
                                              comments, this action will be effective                    • Is not a significant regulatory action           an immediate petition for judicial
                                              January 8, 2018.                                        subject to Executive Order 13211 (66 FR
                                                                                                                                                            review of this direct final rule, so that
                                                                                                      28355, May 22, 2001);
                                              III. Incorporation by Reference                                                                               EPA can withdraw this direct final rule
                                                                                                         • Is not subject to requirements of
                                                                                                                                                            and address the comment in the
                                                 In this rule, EPA is finalizing                      Section 12(d) of the National
                                                                                                                                                            proposed rulemaking. This action may
                                              regulatory text that includes                           Technology Transfer and Advancement
                                                                                                      Act of 1995 (15 U.S.C. 272 note) because              not be challenged later in proceedings to
                                              incorporation by reference. In
                                              accordance with requirements of 1 CFR                   application of those requirements would               enforce its requirements. (See section
                                              51.5, EPA is finalizing the incorporation               be inconsistent with the CAA; and                     307(b)(2).)
                                                                                                         • Does not provide EPA with the
nshattuck on DSK9F9SC42PROD with RULES




                                              by reference of the Wisconsin                                                                                 List of Subjects in 40 CFR Part 52
                                              Regulations described in the                            discretionary authority to address, as
                                              amendments to 40 CFR part 52 set forth                  appropriate, disproportionate human                     Environmental protection, Air
                                              below. EPA has made, and will continue                  health or environmental effects, using                pollution control, Incorporation by
                                              to make, these documents generally                      practicable and legally permissible                   reference, Intergovernmental relations,
                                              available through www.regulations.gov,                  methods, under Executive Order 12898                  Reporting and recordkeeping
                                              and at the EPA Region 5 Office (please                  (59 FR 7629, February 16, 1994).                      requirements.


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                                                               Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations                                        51577

                                                Dated: October 6, 2017.                                 (B) Wisconsin Administrative Code,                  and is implemented by NMFS under the
                                              Robert A. Kaplan,                                       NR 406.04(1)(w), NR 406.08(1), NR                     authority of the Magnuson-Stevens
                                              Acting Regional Administrator, Region 5.                406.10 and NR 406.11(1) as published in               Fishery Conservation and Management
                                                                                                      the Wisconsin Administrative Register                 Act (Magnuson-Stevens Act) by
                                                  40 CFR part 52 is amended as follows:                                                                     regulations at 50 CFR part 622. All
                                                                                                      November 2015 No. 719A1, effective
                                              PART 52—APPROVAL AND                                    December 1, 2015.                                     weights described for Spanish mackerel
                                              PROMULGATION OF                                           (ii) [Reserved]                                     in the Atlantic EEZ apply as either
                                              IMPLEMENTATION PLANS                                    [FR Doc. 2017–23048 Filed 11–6–17; 8:45 am]           round or gutted weight.
                                                                                                      BILLING CODE 6560–50–P
                                                                                                                                                               On November 20, 2014, NMFS
                                              ■ 1. The authority citation for part 52                                                                       published a final rule in the Federal
                                              continues to read as follows:                                                                                 Register to implement Framework
                                                                                                                                                            Amendment 1 to the FMP (79 FR
                                                  Authority: 42 U.S.C. 7401 et seq.                   DEPARTMENT OF COMMERCE                                69058). That final rule implemented a
                                              ■ 2. Section 52.2570 is amended by                      National Oceanic and Atmospheric                      commercial annual catch limit (equal to
                                              revising paragraph (c)(113)(i)(D) and by                Administration                                        the commercial quota) of 3.33 million lb
                                              adding paragraph (c)(137) to read as                                                                          (1.51 million kg) for the Atlantic
                                              follows:                                                50 CFR Part 622                                       migratory group of Spanish mackerel
                                                                                                                                                            (Atlantic Spanish mackerel). Atlantic
                                              § 52.2570    Identification of plan.                    [Docket No. 140722613–4908–02]                        Spanish mackerel are divided into
                                              *       *    *    *     *                               RIN 0648–XF765                                        northern and southern zones for
                                                 (c) * * *                                                                                                  management purposes. The northern
                                                 (113) * * *                                          Fisheries of the Caribbean, Gulf of                   zone commercial quota for Atlantic
                                                 (i) * * *                                            Mexico, and South Atlantic; Coastal                   Spanish mackerel is 662,670 lb (300,582
                                                 (D) NR 400.02(73m) and (131m),                       Migratory Pelagic Resources of the                    kg) for the current fishing year, March
                                              406.02(1) and (2), 406.04(2m), NR                       Gulf of Mexico and Atlantic Region;                   1, 2017, through February 28, 2018 (50
                                              406.11(1)(g)(1), 406.11(3), 406.16,                     Commercial Closure for Spanish                        CFR 622.384(c)(2)(i)).
                                              406.17, 406.18, 407.02(3m), 407.105,                    Mackerel                                                 Regulations at 50 CFR
                                              407.107, 407.14 Note, 407.14(4)(c),                                                                           622.384(c)(2)(iii) allow for quota
                                                                                                      AGENCY:  National Marine Fisheries                    transfers between the northern and
                                              407.15(8)(a) and 410.03(1)(a)(6) and (7)
                                                                                                      Service (NMFS), National Oceanic and                  southern zones with the approval from
                                              as created and published in the
                                                                                                      Atmospheric Administration (NOAA),                    the Regional Administrator (RA) of the
                                              (Wisconsin) Register, August 2005, No.
                                                                                                      Commerce.                                             NMFS Southeast Region. North Carolina
                                              596, effective September 1, 2005.
                                              Sections NR 406.16(2)(d) and NR                         ACTION: Temporary rule; closure.                      or Florida, in consultation with the
                                              406.17(3)(e) were repealed in 2015 and                                                                        other states in the respective zones, may
                                                                                                      SUMMARY:   NMFS implements an                         request approval from the RA to transfer
                                              are removed without replacement; see                    accountability measure (AM) for
                                              paragraph (c)(137) of this section.                                                                           part or all of a respective zone’s annual
                                                                                                      commercial Spanish mackerel in the                    commercial quota to the other zone. For
                                              *       *    *    *     *                               northern zone of the Atlantic exclusive               the purposes of quota closures as
                                                 (137) On May 16, 2017, the Wisconsin                 economic zone (EEZ) through this                      described in 50 CFR 622.8, the receiving
                                              Department of Natural Resources                         temporary rule. NMFS has determined                   zone’s quota will be the original quota
                                              submitted a request to revise                           that the revised commercial quota for                 plus any transferred amount, for that
                                              Wisconsin’s air permitting rules NR                     Spanish mackerel in the northern zone                 fishing year only. Landings associated
                                              400.02(136m), NR 406.04(1)(w), NR                       of the Atlantic EEZ will be reached by                with any transferred quota will be
                                              406.08(1), NR 406.10 and NR 406.11(1).                  November 7, 2017. Therefore, NMFS                     included in the total landings for the
                                              These revisions replace the existing                    closes the northern zone of the Atlantic              Atlantic migratory group, which will be
                                              definition of ‘‘emergency electric                      EEZ to commercial harvest of Spanish                  evaluated relative to the total ACL.
                                              generator’’ with a broader definition of                mackerel on November 7, 2017. This                       In a letter dated October 30, 2017, the
                                              ‘‘restricted internal combustion engine’’,              closure is necessary to protect the                   State of Florida requested the transfer of
                                              amend procedures for revoking                           Spanish mackerel resource in the                      100,000 lb (45,359 kg) of Atlantic
                                              construction permits and include minor                  Atlantic.                                             Spanish mackerel commercial quota
                                              language changes and other                                                                                    from the southern zone to the northern
                                                                                                      DATES:  The closure is effective at 12:01
                                              administrative updates to ensure                                                                              zone to allow the commercial quota for
                                                                                                      a.m., local time, November 7, 2017,
                                              consistency with State and Federal                                                                            both zones to be fully harvested. NMFS
                                                                                                      until 12:01 a.m., local time, March 1,
                                              regulations. Wisconsin has also                                                                               approved the transfer of commercial
                                                                                                      2018.
                                              requested to remove from the SIP NR                                                                           quota, and therefore, the revised
                                              406.16(2)(d) and NR 406.17(3)(e),                       FOR FURTHER INFORMATION CONTACT:                      northern zone commercial quota for
                                              provisions affecting eligibility of                     Mary Vara, NMFS Southeast Regional                    Spanish mackerel is 762,670 lb (345,941
                                              coverage under general and registration                 Office, telephone: 727–824–5305, or                   kg) and the revised southern zone
                                              construction permits, previously                        email: mary.vara@noaa.gov.                            commercial quota is 2,567,330 lb
                                              approved in paragraph (c)(113) of this                  SUPPLEMENTARY INFORMATION: The                        (1,164,521 kg) in the current fishing
                                              section. This action ensures consistency                fishery for coastal migratory pelagic fish            year, March 1, 2017, through February
                                              with Wisconsin Environmental                            includes king mackerel, Spanish                       28, 2018.
nshattuck on DSK9F9SC42PROD with RULES




                                              Protection Act (WEPA) laws.                             mackerel, and cobia, and is managed                      The northern zone for Atlantic
                                                 (i) Incorporation by reference.                      under the Fishery Management Plan for                 Spanish mackerel extends in Federal
                                                 (A) Wisconsin Administrative Code,                   the Coastal Migratory Pelagic Resources               waters off New York, New Jersey,
                                              NR 400.02(136m) as published in the                     of the Gulf of Mexico and Atlantic                    Delaware, Maryland, Virginia, and
                                              Wisconsin Administrative Register                       Region (FMP). The FMP was prepared                    North Carolina. The northern boundary
                                              November 2015 No. 719A1, effective                      by the Gulf of Mexico and South                       of the northern zone extends from an
                                              December 1, 2015.                                       Atlantic Fishery Management Councils                  intersection point off New York,


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Document Created: 2018-10-25 10:26:08
Document Modified: 2018-10-25 10:26:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective January 8, 2018, unless EPA receives adverse comments by December 7, 2017. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactRadhica Kanniganti, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-8097, [email protected]
FR Citation82 FR 51575 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements

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