82 FR 9515 - Air Plan Approval; Wisconsin; NOX
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 24 (February 7, 2017)
Federal Register Volume 82, Issue 24 (February 7, 2017)
| Page Range | 9515-9519 | |
| FR Document | 2017-02530 |
[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)] [Rules and Regulations] [Pages 9515-9519] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02530] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0134; FRL-9957-58-Region 5] Air Plan Approval; Wisconsin; NOX as a Precursor to Ozone, PM2.5 Increment Rules and PSD Infrastructure SIP Requirements AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to Wisconsin's state implementation plan (SIP), revising portions of the State's Prevention of Significant Deterioration (PSD) and ambient air quality programs to address deficiencies identified in EPA's previous narrow infrastructure SIP disapprovals and Finding of Failure to Submit (FFS). This SIP revision request is consistent with the Federal PSD rules and addresses the required elements of the fine particulate matter (PM2.5 ) PSD Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) Rule. EPA is also approving elements of SIP submissions from Wisconsin regarding PSD infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 1997 PM2.5 , 1997 ozone, 2006 PM2.5 , 2008 lead, 2008 ozone, 2010 nitrogen dioxide (NO2 ), 2010 sulfur dioxide (SO2 ), and 2012 PM2.5 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: This final rule is effective on March 9, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0134. All documents in the docket are listed on [[Page 9516]] the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Andrea Morgan, Environmental Engineer, at (312) 353- 6058, before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Andrea Morgan, Environmental Engineer, Air Permitting Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6058, [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 is the background of these SIP submissions? II. What action did EPA propose on the SIP submissions? III. What comments were received on the proposed rulemaking? IV. What action is EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. What is the background of these SIP submissions? On August 8, 2016, the Wisconsin Department of Natural Resources (WDNR) submitted a SIP revision request to EPA to revise portions of its PSD and ambient air quality programs to address deficiencies identified in EPA's previous narrow infrastructure SIP disapprovals and FFS. Final approval of this SIP revision request will be consistent with the Federal PSD requirements and will address the required elements of the PM2.5 PSD Increments, SILs and SMC Rule. Wisconsin submitted revisions to its rules NR 404 and 405 of the Wisconsin Administrative Code. The submittal requests that EPA approve the following revisions to Wisconsin's SIP: (1) Amend NR 404.05(2)(intro); (2) create NR 404.05(2)(am); (3) amend NR 404.05(3)(intro); (4) create NR 404.05(3)(am); (5) amend NR 404.05(4)(intro); (6) create NR 404.05(4)(am); (7) amend NR 405.02(3), (21)(a), and (21m)(a); (8) create NR 405.02(21m)(c); (9) amend NR 405.02(22)(b) and (22m)(a)1. and (b)1.; (10) create NR 405.02(22m)(a)3.; (11) amend NR 405.02(27)(a)6.; (12) amend NR 405.07(8)(a)3m; (13) create NR 405.07(8)(a)3m (Note); and (14) amend NR 405.07(8)(a)5.(Note). WDNR also requested that this SIP revision supplement the PSD portions of its previously submitted infrastructure submittals, including 1997 PM2.5 , 1997 ozone, 2006 PM2.5 , 2008 lead, 2008 ozone, 2010 NO2 , 2010 SO2 , and 2012 PM2.5 . A. PSD Rule Revisions 1. PM2.5 Increments To implement the PM2.5 NAAQS, EPA issued two separate final rules that establish the New Source Review (NSR) permitting requirements for PM2.5 : The NSR PM2.5 Implementation Rule promulgated on May 16, 2008 (73 FR 28321), and the PM2.5 PSD Increments, SILs and SMC Rule promulgated on October 20, 2010 (75 FR 64864). EPA's 2008 NSR PM2.5 Implementation Rule required states to submit applicable SIP revisions to EPA no later than May 16, 2011, to address this rule's PSD and nonattainment NSR SIP requirements. This rule requires that the state submit revisions to its SIP, including the identification of precursors for PM2.5 , the significant emissions rates for PM2.5 and the requirement to include emissions which may condense to form particulate matter at ambient temperatures, known as condensables, in permitting decisions. EPA published a final approval of a revision to Wisconsin's SIP on October 16, 2014, (79 FR 62008), which included all of the required elements of the 2008 NSR Implementation Rule. The PM2.5 PSD Increments, SILs and SMC Rule required states to submit SIP revisions to EPA by July 20, 2012, adopting provisions equivalent to or at least as stringent as the PM2.5 PSD increments and associated implementing regulations. On August 11, 2014, EPA published a finding that Wisconsin had failed to submit the required elements of the PM2.5 PSD Increments, SILs and SMC Rule (79 FR 46703). The PM2.5 PSD Increments, SILs and SMC Rule also allows states to discretionarily adopt and submit for EPA approval: (1) SILs, which are used as a screening tool to evaluate the impact a proposed new major source or major modification may have on the NAAQS or PSD increment; and (2) a SMC (also a screening tool), which is used to determine the subsequent level of data gathering required for a PSD permit application for emissions of PM2.5 . However, on January 22, 2013, the United States Court of Appeals for the District of Columbia (Court) granted a request from EPA to vacate and remand to EPA the portions of the PM2.5 PSD Increments, SILs and SMC Rule PM2.5 addressing the SILs for PM2.5 so that EPA could voluntarily correct an error in these provisions. The Court also vacated parts of the PM2.5 PSD Increments, SILs and SMC Rule establishing a PM2.5 SMC, finding that EPA was precluded from using the PM2.5 SMCs to exempt permit applicants from the statutory requirement to compile preconstruction monitoring data. Sierra Club v. EPA, 705 F.3d 458, 463-69. On December 9, 2013, EPA issued a good cause final rule formally removing the affected SILs and replacing the SMC with a numeric value of 0 micrograms per cubic meter ([micro]g/m\3\) and a note that no exemption is available with regard to PM2.5 . See 78 FR 73698. As a result, SIP submittals could no longer include the vacated PM2.5 SILs at 40 CFR 51.166(k)(2) and 52.21(k)(2) and the PM2.5 SMC must be revised to 0 [micro]g/m\3\, consistent with 40 CFR 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c). 2. Ozone On November 29, 2005, EPA published (70 FR 71612) in the Federal Register the ``Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase 2''. Part of this rule established, among other requirements, oxides of nitrogen (NOX ) as a precursor to ozone. The final rule became effective on January 30, 2006. On October 6, 2014, EPA finalized approval of revisions to Wisconsin's SIP that included the identification of NOX as a precursor to ozone in the definition of regulated NSR pollutant. See 79 FR 60064. B. Infrastructure SIP Submittals The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), 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, [[Page 9517]] 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. This specific rulemaking is only taking action on the PSD elements of the Wisconsin infrastructure submittals. Separate action has been or will be taken on the non-PSD infrastructure elements in separate rulemakings. The infrastructure elements for PSD are found in CAA 110(a)(2)(C), 110(a)(2)(D), and 110(a)(2)(J) and will be discussed in detail below. For further discussion on the background of infrastructure submittals, see 77 FR 45992, August 2, 2012. II. What action did EPA propose on the SIP submissions? On September 30, 2016 (81 FR 67261), EPA proposed approval of a SIP revision from WDNR requesting EPA to revise portions of its PSD and ambient air quality programs to address PM2.5 increment requirements and incorporating NOX as an ozone precursor. EPA proposed that these revisions were made to meet EPA's requirements for Wisconsin's PSD and NSR program and are consistent with Federal regulations. EPA proposed that the revisions pertaining to PM2.5 increments are consistent with Federal regulations and fully address the requirements of the PM2.5 PSD Increments, SILs, and SMC Rule. EPA also proposed that revisions pertaining to NOX as a precursor to ozone, in conjunction with EPA's October 6, 2014 approval (79 FR 60064), will address all of the PSD requirements of the ``Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase 2''. WDNR also requested that this SIP revision supplement the PSD portions of its previously submitted infrastructure submittals. EPA proposed that based on the approval of the PSD related SIP revisions mentioned above and previously approved SIP revisions (see 79 FR 62008, October 16, 2014), EPA is able to fully approve the PSD related infrastructure requirements found in CAA sections 110(a)(2)(C), (D)(i)(II), and (J) for Wisconsin's 1997 PM2.5, 1997 ozone, 2006 PM2.5 , 2008 lead, 2008 ozone, 2010 NO2 , 2010 SO2 , and 2012 PM2.5 NAAQS submittals. III. What comments were received on the proposed rulemaking? The comment period for the proposed action associated with today's rulemaking (81 FR 67261) closed on October 31, 2016. EPA received two supportive comments. IV. What action is EPA taking? EPA is approving revisions to Wisconsin's SIP that implement the PM2.5 increment requirements and also incorporate NOX as an ozone precursor. These revisions were made to meet EPA's requirements for Wisconsin's PSD and NSR program and are consistent with Federal regulations. Specifically, EPA is approving the following: (i) NR 404.05(2)(intro) and (am) (ii) NR 404.05(3)(intro) and (am) (iii) NR 404.05(4)(intro) and (am) (iv) NR 405.02(3) and (21)(a) (v) NR 405.02(21m)(a) and (c) (vi) NR 405.02(22)(b) (vii) NR 405.02(22m)(a)1. and 3., and (b)1. (viii) NR 405.02(27)(a)6. (ix) NR 405.07(8)(a)3m and 3m(Note) (x) NR 405.07(8)(a)5.(Note) The revisions pertaining to PM2.5 increments will fully address the requirements of the PM2.5 PSD Increments, SILs, and SMC Rule and the deficiencies identified in EPA's August 11, 2014, Finding of Failure to Submit. The revisions pertaining to NOX as a precursor to ozone will, in conjunction with EPA's October 6, 2014 approval, address all of the PSD requirements of the ``Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase 2'' and stops the Federal Implementation Plan (FIP) clock triggered by the FFS mentioned above (79 FR 46704, August 11, 2014). EPA is also approving the PSD related infrastructure requirements found in CAA sections 110(a)(2)(C), (D)(i)(II), and (J) for Wisconsin's 1997 PM2.5 , 1997 ozone, 2006 PM2.5 , 2008 lead, 2008 ozone, 2010 NO2 , 2010 SO2 , and 2012 PM2.5 NAAQS submittals. This action stops the FIP clock triggered by the disapproval of NOX as a precursor to ozone for the PSD provisions for the 1997 ozone and PM2.5 infrastructure SIPs (77 FR 35870, June 15, 2012). This action requires significant revisions to existing portions of 40 CFR 52.2591. Because there will already be substantial revisions, EPA will also be revising additional portions of 40 CFR 52.2591 that are not related to PSD for clarification or consolidation purposes only. These additional edits will not change the meaning or intent of the original language. V. 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). 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 [[Page 9518]] 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 10, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: December 13, 2016. 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 adding paragraph (c)(135) to read as follows: Sec. 52.2570 Identification of plan. * * * * * (c) * * * (135) On August 8, 2016, WDNR submitted a request to revise portions of its Prevention of Significant Deterioration (PSD)and ambient air quality programs to address the required elements of the fine particulate matter (PM 2.5 ) PSD Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) Rule and the Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase 2. Wisconsin submitted revisions to its rules NR 404 and 405 of the Wisconsin Administrative Code. (i) Incorporation by reference. (A) Wisconsin Administrative Code, NR 404.05 Ambient Air Increments. NR 404.05(2) introductory text; NR 404.05(2)(am); NR 404.05(3) introductory text; NR 404.05(3)(am); NR 404.05(4) introductory text; and NR 404.05(4)(am), as published in the Register, July 2016, No. 727, effective August 1, 2016. (B) Wisconsin Administrative Code, NR 405.02 Definitions. NR 405.02(3); NR 405.02(21)(a); NR 405.02(21m), except (b); NR 405.02(22)(b); NR 405.02(22m)(a)1. and 3. and (b)1.; and NR 405.02(27)(a)6., as published in the Register, July 2016, No. 727, effective August 1, 2016. (C) Wisconsin Administrative Code, NR 405.07 Review of major stationary sources and major modifications -- source applicability and exemptions. NR 405.07(8)(a)3m; 405.07(8)(a)3m. Note; and NR 405.07(8)(a)5. Note, as published in the Register, July 2016, No. 727, effective August 1, 2016. 0 3. Section 52.2591 is revised to read as follows: Sec. 52.2591 Section 110(a)(2) infrastructure requirements. (a) Approval. In a December 12, 2007 submittal, supplemented on January 24, 2011, March 28, 2011, July 2, 2015, and August 8, 2016, Wisconsin certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (C), (D)(ii), (E) through (H), and (J) through (M) for the 1997 8-hour ozone NAAQS. (b) Approval. In a December 12, 2007 submittal, supplemented on January 24, 2011, March 28, 2011, July 2, 2015, and August 8, 2016, Wisconsin certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (C), (D)(ii), (E) through (H), and (J) through (M) for the 1997 PM2.5 NAAQS. (c) Approval. In a January 24, 2011, submittal, supplemented on March 28, 2011, June 29, 2012, July 2, 2015, and August 8, 2016, Wisconsin certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2006 24-hour PM2.5 NAAQS. We are not finalizing action on (D)(i)(I) and will address these requirements in a separate action. (d) Approval. In a July 26, 2012, submittal, supplemented July 2, 2015, and August 8, 2016, Wisconsin certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2008 lead (Pb) NAAQS. (e) Approval and Disapproval. In a June 20, 2013, submittal with a January 28, 2015, clarification, supplemented July 2, 2015, and August 8, 2016, Wisconsin certified that the state has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2008 ozone NAAQS. For 110(a)(2)(D)(i)(I), we are approving prong one and disapproving prong two. (f) Approval. In a June 20, 2013, submission with a January 28, 2015, clarification, supplemented July 2, 2015, and August 8, 2016, Wisconsin certified that the state has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2010 nitrogen dioxide (NO2 ) NAAQS. (g) Approval. In a June 20, 2013, submission with a January 28, 2015, clarification, supplemented July 2, 2015, and August 8, 2016, Wisconsin certified that the state has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2010 sulfur dioxide (SO2 ) NAAQS. We are not taking action on the transport provisions in section 110(a)(2)(D)(i)(I), and will address these requirements in a separate action. (h) Approval. In a July 13, 2015, submission, supplemented August 8, 2016, WDNR certified that the state has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2012 PM2.5 NAAQS. We are not taking action on the transport provisions in section 110(a)(2)(D)(i)(I), and the [[Page 9519]] stationary source monitoring and reporting requirements of section 110(a)(2)(F). We will address these requirements in a separate action. [FR Doc. 2017-02530 Filed 2-6-17; 8:45 am] BILLING CODE 6560-50-P
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See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Business Regulatory Enforcement August 20, 2012, that addresses the
Thus, in reviewing SIP submissions, Fairness Act of 1996, generally provides visibility protection (prong 4) element of
EPA’s role is to approve state choices, that before a rule may take effect, the Clean Air Act section 110(a)(2)(D)(i) for
provided that they meet the criteria of agency promulgating the rule must the 2008 8-hour Ozone National
the CAA. EPA is determining that the submit a rule report, which includes a Ambient Air Quality Standards
prong 4 portion of the aforementioned copy of the rule, to each House of the (NAAQS). EPA is disapproving the
SIP submission does not meet federal Congress and to the Comptroller General prong 4 portion of ADEM’s SIP
requirements. Therefore, this action of the United States. EPA will submit a submittal because it relies solely on the
does not impose additional report containing this action and other State having a fully approved regional
requirements on the state beyond those required information to the U.S. Senate, haze SIP to satisfy the prong 4
imposed by state law. For that reason, the U.S. House of Representatives, and requirements for the 2008 8-hour Ozone
this action: the Comptroller General of the United NAAQS.
• Is not a ‘‘significant regulatory States prior to publication of the rule in [FR Doc. 2017–02303 Filed 2–6–17; 8:45 am]
action’’ subject to review by the Office the Federal Register. A major rule BILLING CODE 6560–50–P
of Management and Budget under cannot take effect until 60 days after it
Executive Orders 12866 (58 FR 51735, is published in the Federal Register.
October 4, 1993) and 13563 (76 FR 3821, This action is not a ‘‘major rule’’ as ENVIRONMENTAL PROTECTION
January 21, 2011); defined by 5 U.S.C. 804(2). AGENCY
• does not impose an information Under section 307(b)(1) of the CAA,
collection burden under the provisions petitions for judicial review of this 40 CFR Part 52
of the Paperwork Reduction Act (44 action must be filed in the United States
[EPA–R05–OAR–2016–0134; FRL–9957–58–
U.S.C. 3501 et seq.); Court of Appeals for the appropriate Region 5]
• is certified as not having a circuit by April 10, 2017. Filing a
significant economic impact on a petition for reconsideration by the Air Plan Approval; Wisconsin; NOX as
substantial number of small entities Administrator of this final rule does not a Precursor to Ozone, PM2.5 Increment
under the Regulatory Flexibility Act (5 affect the finality of this action for the Rules and PSD Infrastructure SIP
U.S.C. 601 et seq.); purposes of judicial review nor does it Requirements
• does not contain any unfunded extend the time within which a petition
mandate or significantly or uniquely for judicial review may be filed, and AGENCY: Environmental Protection
affect small governments, as described shall not postpone the effectiveness of Agency (EPA).
in the Unfunded Mandates Reform Act such rule or action. This action may not ACTION: Final rule.
of 1995 (Pub. L. 104–4); be challenged later in proceedings to SUMMARY: The Environmental Protection
• does not have Federalism enforce its requirements. See section Agency (EPA) is approving a revision to
implications as specified in Executive 307(b)(2). Wisconsin’s state implementation plan
Order 13132 (64 FR 43255, August 10, (SIP), revising portions of the State’s
List of Subjects in 40 CFR Part 52
1999); Prevention of Significant Deterioration
• is not an economically significant Environmental protection, Air
pollution control, Incorporation by (PSD) and ambient air quality programs
regulatory action based on health or
reference, Intergovernmental relations, to address deficiencies identified in
safety risks subject to Executive Order
EPA’s previous narrow infrastructure
13045 (62 FR 19885, April 23, 1997); Nitrogen dioxide, Ozone, Particulate
SIP disapprovals and Finding of Failure
• is not a significant regulatory action Matter, Reporting and recordkeeping
to Submit (FFS). This SIP revision
subject to Executive Order 13211 (66 FR requirements, Volatile organic
request is consistent with the Federal
28355, May 22, 2001); compounds.
• is not subject to requirements of PSD rules and addresses the required
Dated: January 5, 2017. elements of the fine particulate matter
Section 12(d) of the National Heather McTeer Toney,
Technology Transfer and Advancement (PM2.5) PSD Increments, Significant
Act of 1995 (15 U.S.C. 272 note) because
Regional Administrator, Region 4. Impact Levels (SILs) and Significant
application of those requirements would 40 CFR part 52 is amended as follows: Monitoring Concentration (SMC) Rule.
be inconsistent with the CAA; and EPA is also approving elements of SIP
• does not provide EPA with the PART 52—APPROVAL AND submissions from Wisconsin regarding
discretionary authority to address, as PROMULGATION OF PSD infrastructure requirements of
appropriate, disproportionate human IMPLEMENTATION PLANS section 110 of the Clean Air Act (CAA)
health or environmental effects, using for the 1997 PM2.5, 1997 ozone, 2006
■ 1. The authority citation for part 52 PM2.5, 2008 lead, 2008 ozone, 2010
practicable and legally permissible continues to read as follows:
methods, under Executive Order 12898 nitrogen dioxide (NO2), 2010 sulfur
(59 FR 7629, February 16, 1994). Authority: 42 U.S.C. 7401 et seq. dioxide (SO2), and 2012 PM2.5 National
The SIP is not approved to apply on Ambient Air Quality Standards
Subpart B—Alabama (NAAQS). The infrastructure
any Indian reservation land or in any
other area where EPA or an Indian tribe requirements are designed to ensure that
■ 2. Section 52.53 is amended by adding the structural components of each
has demonstrated that a tribe has a reserved paragraph (d) and paragraph
jurisdiction. In those areas of Indian state’s air quality management program
(e) to read as follows: are adequate to meet the state’s
country, the rule does not have tribal
mstockstill on DSK3G9T082PROD with RULES
implications as specified by Executive § 52.53 Approval status. responsibilities under the CAA.
Order 13175 (65 FR 67249, November 9, * * * * * DATES: This final rule is effective on
2000), nor will it impose substantial (e) Disapproval. Portion of the state March 9, 2017.
direct costs on tribal governments or implementation plan (SIP) revision ADDRESSES: EPA has established a
preempt tribal law. submitted by the State of Alabama, docket for this action under Docket ID
The Congressional Review Act, 5 through the Alabama Department of No. EPA–R05–OAR–2016–0134. All
U.S.C. 801 et seq., as added by the Small Environmental Management (ADEM) on documents in the docket are listed on
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and the requirement to make the October 31, 2016. EPA received two Regulations described in the
submissions is not conditioned upon supportive comments. amendments to 40 CFR part 52 set forth
EPA’s taking any action other than below. EPA has made, and will continue
IV. What action is EPA taking?
promulgating a new or revised NAAQS. to make, these documents generally
Section 110(a)(2) includes a list of EPA is approving revisions to available through www.regulations.gov
specific elements that ‘‘[e]ach such Wisconsin’s SIP that implement the and at the EPA Region 5 Office (please
plan’’ submission must address. PM2.5 increment requirements and also contact the person identified in the ‘‘For
This specific rulemaking is only incorporate NOX as an ozone precursor. Further Information Contact’’ section of
taking action on the PSD elements of the These revisions were made to meet this preamble for more information).
Wisconsin infrastructure submittals. EPA’s requirements for Wisconsin’s PSD
Separate action has been or will be and NSR program and are consistent VI. Statutory and Executive Order
taken on the non-PSD infrastructure with Federal regulations. Specifically, Reviews
elements in separate rulemakings. The EPA is approving the following: Under the CAA, the Administrator is
infrastructure elements for PSD are (i) NR 404.05(2)(intro) and (am) required to approve a SIP submission
found in CAA 110(a)(2)(C), 110(a)(2)(D), (ii) NR 404.05(3)(intro) and (am) that complies with the provisions of the
and 110(a)(2)(J) and will be discussed in (iii) NR 404.05(4)(intro) and (am) CAA and applicable Federal regulations.
detail below. For further discussion on (iv) NR 405.02(3) and (21)(a) 42 U.S.C. 7410(k); 40 CFR 52.02(a).
the background of infrastructure (v) NR 405.02(21m)(a) and (c) Thus, in reviewing SIP submissions,
submittals, see 77 FR 45992, August 2, (vi) NR 405.02(22)(b) EPA’s role is to approve state choices,
2012. (vii) NR 405.02(22m)(a)1. and 3., and (b)1.
(viii) NR 405.02(27)(a)6.
provided that they meet the criteria of
II. What action did EPA propose on the (ix) NR 405.07(8)(a)3m and 3m(Note) the CAA. Accordingly, this action
SIP submissions? (x) NR 405.07(8)(a)5.(Note) merely approves state law as meeting
Federal requirements and does not
On September 30, 2016 (81 FR 67261), The revisions pertaining to PM2.5
impose additional requirements beyond
EPA proposed approval of a SIP revision increments will fully address the
those imposed by state law. For that
from WDNR requesting EPA to revise requirements of the PM2.5 PSD
reason, this action:
portions of its PSD and ambient air Increments, SILs, and SMC Rule and the
• Is not a significant regulatory action
quality programs to address PM2.5 deficiencies identified in EPA’s August
subject to review by the Office of
increment requirements and 11, 2014, Finding of Failure to Submit.
Management and Budget under
incorporating NOX as an ozone The revisions pertaining to NOX as a
Executive Orders 12866 (58 FR 51735,
precursor. EPA proposed that these precursor to ozone will, in conjunction
October 4, 1993) and 13563 (76 FR 3821,
revisions were made to meet EPA’s with EPA’s October 6, 2014 approval,
January 21, 2011);
requirements for Wisconsin’s PSD and address all of the PSD requirements of
• Does not impose an information
NSR program and are consistent with the ‘‘Final Rule to Implement the 8-
collection burden under the provisions
Federal regulations. Hour Ozone National Ambient Air
of the Paperwork Reduction Act (44
EPA proposed that the revisions Quality Standard—Phase 2’’ and stops
U.S.C. 3501 et seq.);
pertaining to PM2.5 increments are the Federal Implementation Plan (FIP)
clock triggered by the FFS mentioned • Is certified as not having a
consistent with Federal regulations and
above (79 FR 46704, August 11, 2014). significant economic impact on a
fully address the requirements of the
EPA is also approving the PSD related substantial number of small entities
PM2.5 PSD Increments, SILs, and SMC
infrastructure requirements found in under the Regulatory Flexibility Act (5
Rule. EPA also proposed that revisions
CAA sections 110(a)(2)(C), (D)(i)(II), and U.S.C. 601 et seq.);
pertaining to NOX as a precursor to
ozone, in conjunction with EPA’s (J) for Wisconsin’s 1997 PM2.5, 1997 • Does not contain any unfunded
October 6, 2014 approval (79 FR 60064), ozone, 2006 PM2.5, 2008 lead, 2008 mandate or significantly or uniquely
will address all of the PSD requirements ozone, 2010 NO2, 2010 SO2, and 2012 affect small governments, as described
of the ‘‘Final Rule to Implement the 8- PM2.5 NAAQS submittals. This action in the Unfunded Mandates Reform Act
Hour Ozone National Ambient Air stops the FIP clock triggered by the of 1995 (Pub. L. 104–4);
Quality Standard—Phase 2’’. disapproval of NOX as a precursor to • Does not have Federalism
WDNR also requested that this SIP ozone for the PSD provisions for the implications as specified in Executive
revision supplement the PSD portions of 1997 ozone and PM2.5 infrastructure Order 13132 (64 FR 43255, August 10,
its previously submitted infrastructure SIPs (77 FR 35870, June 15, 2012). This 1999);
submittals. EPA proposed that based on action requires significant revisions to • Is not an economically significant
the approval of the PSD related SIP existing portions of 40 CFR 52.2591. regulatory action based on health or
revisions mentioned above and Because there will already be safety risks subject to Executive Order
previously approved SIP revisions (see substantial revisions, EPA will also be 13045 (62 FR 19885, April 23, 1997);
79 FR 62008, October 16, 2014), EPA is revising additional portions of 40 CFR • Is not a significant regulatory action
able to fully approve the PSD related 52.2591 that are not related to PSD for subject to Executive Order 13211 (66 FR
infrastructure requirements found in clarification or consolidation purposes 28355, May 22, 2001);
CAA sections 110(a)(2)(C), (D)(i)(II), and only. These additional edits will not • Is not subject to requirements of
(J) for Wisconsin’s 1997 PM2.5, 1997 change the meaning or intent of the Section 12(d) of the National
ozone, 2006 PM2.5, 2008 lead, 2008 original language. Technology Transfer and Advancement
ozone, 2010 NO2, 2010 SO2, and 2012 Act of 1995 (15 U.S.C. 272 note) because
mstockstill on DSK3G9T082PROD with RULES
V. Incorporation by Reference application of those requirements would
PM2.5 NAAQS submittals.
In this rule, EPA is finalizing be inconsistent with the CAA; and
III. What comments were received on regulatory text that includes • Does not provide EPA with the
the proposed rulemaking? incorporation by reference. In discretionary authority to address, as
The comment period for the proposed accordance with requirements of 1 CFR appropriate, disproportionate human
action associated with today’s 51.5, EPA is finalizing the incorporation health or environmental effects, using
rulemaking (81 FR 67261) closed on by reference of the Wisconsin practicable and legally permissible
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![Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Rules and Regulations 9519
stationary source monitoring and producer, food manufacturer, or • Mail: OPP Docket, Environmental
reporting requirements of section pesticide manufacturer. The following Protection Agency Docket Center (EPA/
110(a)(2)(F). We will address these list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
requirements in a separate action. Classification System (NAICS) codes is NW., Washington, DC 20460–0001.
[FR Doc. 2017–02530 Filed 2–6–17; 8:45 am] not intended to be exhaustive, but rather • Hand Delivery: To make special
BILLING CODE 6560–50–P provides a guide to help readers arrangements for hand delivery or
determine whether this document delivery of boxed information, please
applies to them. Potentially affected follow the instructions at http://
ENVIRONMENTAL PROTECTION entities may include: www.epa.gov/dockets/contacts.html.
AGENCY • Crop production (NAICS code 111). Additional instructions on
• Animal production (NAICS code commenting or visiting the docket,
40 CFR Part 180 112). along with more information about
• Food manufacturing (NAICS code dockets generally, is available at http://
[EPA–HQ–OPP–2016–0083; FRL–9957–68]
311). www.epa.gov/dockets.
Propamocarb; Pesticide Tolerance • Pesticide manufacturing (NAICS
II. Summary of Petitioned-For
code 32532).
AGENCY: Environmental Protection Tolerance
Agency (EPA). B. How can I get electronic access to In the Federal Register of October 27,
other related information? 2016 (81 FR 74753) (FRL–9954–27),
ACTION: Final rule.
You may access a frequently updated EPA issued a document pursuant to
SUMMARY: This regulation establishes a electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C.
tolerance for residues of propamocarb in regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a
or on potato. Bayer CropScience the Government Printing Office’s e-CFR pesticide petition (PP 5F8430) by Bayer
requested these tolerances under the site at http://www.ecfr.gov/cgi-bin/text- CropScience, 2 T.W. Alexander Drive,
Federal Food, Drug, and Cosmetic Act idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ P.O. Box 12014, Research Triangle Park,
(FFDCA). 40tab_02.tpl. NC 27709. The petition requested that
DATES: This regulation is effective 40 CFR 180.499 be amended by
C. How can I file an objection or hearing
February 7, 2017. Objections and increasing the tolerance for residues of
request?
requests for hearings must be received the fungicide propamocarb
on or before April 10, 2017, and must Under FFDCA section 408(g), 21 hydrochloride, in or on potato from 0.06
be filed in accordance with the U.S.C. 346a, any person may file an to 0.30 parts per million (ppm). That
instructions provided in 40 CFR part objection to any aspect of this regulation document referenced a summary of the
178 (see also Unit I.C. of the and may also request a hearing on those petition prepared by Bayer CropScience,
SUPPLEMENTARY INFORMATION). objections. You must file your objection the registrant, which is available in the
ADDRESSES: The docket for this action, or request a hearing on this regulation docket, http://www.regulations.gov.
identified by docket identification (ID) in accordance with the instructions There were no comments received
number EPA–HQ–OPP–2016–0083, is provided in 40 CFR part 178. To ensure concerning this action for propamocarb
available at http://www.regulations.gov proper receipt by EPA, you must in response to the notice of filing.
or at the Office of Pesticide Programs identify docket ID number EPA–HQ–
OPP–2016–0083 in the subject line on III. Aggregate Risk Assessment and
Regulatory Public Docket (OPP Docket) Determination of Safety
in the Environmental Protection Agency the first page of your submission. All
Docket Center (EPA/DC), West William objections and requests for a hearing Section 408(b)(2)(A)(i) of FFDCA
Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be allows EPA to establish a tolerance (the
Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or legal limit for a pesticide chemical
20460–0001. The Public Reading Room before April 10, 2017. Addresses for residue in or on a food) only if EPA
is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections determines that the tolerance is ‘‘safe.’’
Monday through Friday, excluding legal and hearing requests are provided in 40 Section 408(b)(2)(A)(ii) of FFDCA
holidays. The telephone number for the CFR 178.25(b). defines ‘‘safe’’ to mean that ‘‘there is a
Public Reading Room is (202) 566–1744, In addition to filing an objection or reasonable certainty that no harm will
and the telephone number for the OPP hearing request with the Hearing Clerk result from aggregate exposure to the
Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please pesticide chemical residue, including
the visitor instructions and additional submit a copy of the filing (excluding all anticipated dietary exposures and all
information about the docket available any Confidential Business Information other exposures for which there is
at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket. reliable information.’’ This includes
FOR FURTHER INFORMATION CONTACT: Information not marked confidential exposure through drinking water and in
Registration Division (7505P), Office of pursuant to 40 CFR part 2 may be residential settings, but does not include
Pesticide Programs, Environmental disclosed publicly by EPA without prior occupational exposure. Section
Protection Agency, 1200 Pennsylvania notice. Submit the non-CBI copy of your 408(b)(2)(C) of FFDCA requires EPA to
Ave. NW., Washington, DC 20460–0001; objection or hearing request, identified give special consideration to exposure
main telephone number: (703) 305– by docket ID number EPA–HQ–OPP– of infants and children to the pesticide
7090; email address: RDFRNotices@ 2016–0083, by one of the following chemical residue in establishing a
epa.gov. methods: tolerance and to ‘‘ensure that there is a
mstockstill on DSK3G9T082PROD with RULES
• Federal eRulemaking Portal: http:// reasonable certainty that no harm will
SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online result to infants and children from
I. General Information instructions for submitting comments. aggregate exposure to the pesticide
Do not submit electronically any chemical residue. . . .’’
A. Does this action apply to me? information you consider to be CBI or Consistent with FFDCA section
You may be potentially affected by other information whose disclosure is 408(b)(2)(D), and the factors specified in
this action if you are an agricultural restricted by statute. FFDCA section 408(b)(2)(D), EPA has
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Document Created: 2017-02-07 00:27:11
Document Modified: 2017-02-07 00:27:11
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on March 9, 2017. | |
| Contact | Andrea Morgan, Environmental Engineer, Air Permitting Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6058, [email protected] | |
| FR Citation | 82 FR 9515 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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