83 FR 24256 - Air Plan Approval; Wisconsin; Particulate Matter Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 102 (May 25, 2018)
Federal Register Volume 83, Issue 102 (May 25, 2018)
| Page Range | 24256-24258 | |
| FR Document | 2018-11315 |
[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)] [Proposed Rules] [Pages 24256-24258] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11315] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2018-0008; FRL-9978-63-Region 5] Air Plan Approval; Wisconsin; Particulate Matter Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a January 4, 2018, request by the Wisconsin Department of Natural Resources (Wisconsin) to revise its state implementation plan (SIP) for fine particulate matter (PM2.5 ). Wisconsin updated its ambient air quality standards for PM2.5 to be consistent with EPA's 2012 revisions to the PM2.5 [[Page 24257]] national ambient air quality standards (NAAQS). Wisconsin also revised its incorporation by reference rule to update references to the EPA monitoring methods. DATES: Comments must be received on or before June 25, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2018-0008 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6524, [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. Background II. What is EPA's Analysis? III. What Action is EPA Taking? IV. Incorporation by Reference. V. Statutory and Executive Order Reviews. I. Background On January 15, 2013, EPA revised the primary (protective of human health) annual PM2.5 NAAQS to a level of 12.0 micrograms per cubic meter ([micro]g/m\3\). EPA also retained the annual PM2.5 secondary (protective of public welfare) NAAQS set at a level of 15.0 [micro]g/m\3\, along with the 24-hour primary and secondary NAAQS for PM2.5 at a level of 35 [micro]g/m\3\. 40 CFR 50.13 and 40 CFR 50.18. Wisconsin revised its ambient air quality rules in chapter NR 404 such that its PM2.5 standards are consistent with EPA's revision. Wisconsin modified NR 404.04(9) by splitting the PM2.5 standards into separate sections for the primary and secondary standards. Wisconsin added NR 404.04(9)(am) for the primary PM2.5 standard and NR 404.04(9)(bm) for the secondary PM2.5 standard. In NR 404.04(9)(am), the primary annual PM2.5 standard was revised from 15.0 to 12.0 [micro]g/m\3\ with the 24-hour primary PM2.5 standard remaining at 35 [micro]g/m\3\. Wisconsin retained the current secondary standard, 15.0 [micro]g/m\3\ annual and 35 [micro]g/m\3\ 24-hour, in the new NR 404.04(9)(bm). Wisconsin also included monitoring method requirements in both NR 404.04(9)(am) and (bm). The ambient PM2.5 is to be measured by the methods of 40 CFR part 50, appendices L and N, for both standards. 40 CFR part 50, appendix L, is the Reference Method for the Determination of Fine Particulate Matter as PM2.5 in the Atmosphere, while, 40 CFR part 50, appendix N, is the Interpretation of the National Ambient Air Quality Standards for PM2.5 . Wisconsin also revised its incorporation by reference rules in chapter NR 484. Wisconsin altered NR 484.04(6g) and NR 484.04(6r). The state amended NR 484.04(6g) by incorporating by reference 40 CFR part 50, appendix L, Reference Method for the Determination of Particulate Matter as PM2.5 in the Atmosphere, into NR 404.04(9). The state amended NR 484.04(6r) by incorporating by reference 40 CFR part 50, appendix N, Interpretation of the National Ambient Air Quality Standards for PM2.5 , into NR 404.04(9). Wisconsin held a public comment period for these revisions from July 14, 2016, to August 31, 2016, and a public hearing on August 25, 2016. No comments were received. II. What is EPA's Analysis? Wisconsin's revisions to NR 404.04(9) make its ambient air quality standard consistent with the 2012 PM2.5 NAAQS. Wisconsin revised the primary PM2.5 annual standard following EPA's revisions, while retaining the current secondary annual and 24-hour PM2.5 primary and secondary standards. Wisconsin changed its rule to separate the primary and secondary PM2.5 standards into separate sections. Separating the primary and secondary standards allows one to easily determine what the primary PM2.5 standards are and what methods are used to determine if those standards are met. This is also true for the secondary PM2.5 standards. Wisconsin's revisions to NR 484.04(6g) and NR 484.04(6r) are acceptable. The EPA monitoring methods referenced are consistent with the requirements of the 2012 PM2.5 NAAQS. The incorporation by reference revisions keep the references current. III. What Action is EPA Taking? EPA is proposing to approve revisions to NR 404.04(9), NR 484.04(6g), and NR 484.04(6r), as submitted on January 4, 2018. The revisions to the ambient air quality standards and the incorporation by reference rules make Wisconsin's standards consistent with 2012 PM2.5 NAAQS. IV. Incorporation by Reference In this rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference NR 404.04(9), NR 484.04(6g), and NR 484.04(6r), effective January 1, 2018. 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). V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act 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 Clean Air Act. 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 [[Page 24258]] 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 Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: May 16, 2018. Cathy Stepp, Regional Administrator, Region 5. [FR Doc. 2018-11315 Filed 5-24-18; 8:45 am] BILLING CODE 6560-50-P
![24256 Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Proposed Rules
ACTION: Proposed rule; extension of will make every effort to accommodate addition to the authorities listed in the
comment period; notice of public all speakers that arrive and register. April 30th document.
hearing. Because this hearing is being held at a The public hearing will provide
U.S. government facility, individuals interested parties the opportunity to
SUMMARY: On April 30, 2018, the planning to attend the hearing should be present data, views, or arguments
Environmental Protection Agency (EPA) prepared to show valid picture concerning the proposal. EPA solicits
proposed a rule titled, ‘‘Strengthening identification to the security staff to gain comments on all aspects of the proposal
Transparency in Regulatory Science.’’ access to the meeting room. No large and specifically on the issues identified
The EPA is extending the comment signs will be allowed in the building, in Section III of the April 30th
period on the proposed rule, which was cameras may only be used outside of the document. The EPA may ask clarifying
scheduled to close on May 30, 2018, building, and demonstrations will not questions during the oral presentations,
until August 16, 2018. The EPA is also be allowed on federal property for but will not respond to the
announcing a public hearing to be held security reasons. presentations at that time. Written
for the proposed rule. The hearing will If you would like to present oral statements and supporting information
be held on July 17, 2018 in Washington, testimony at the public hearing, please submitted during the comment period
DC. The EPA is making these changes in register online at https://www.epa.gov/ will be considered with the same weight
response to public requests for an osa/strengthening-transparency- as any oral comments and supporting
extension of the comment period and regulatory-science or contact Tom information presented at the public
for a public hearing. Sinks, Environmental Protection hearing.
DATES: The public comment period for Agency, Office of the Science Advisor, Oral testimony will be limited to 5
the proposed rule published in the (MC 8105R), 1200 Pennsylvania Avenue minutes for each commenter. The EPA
Federal Register on April 30, 2018 (83 NW, Washington, DC 20460, telephone encourages commenters to provide EPA
FR 18768), is being extended. Written (202) 564–0221, staff_osa@epa.gov, no with a copy of their oral testimony
comments must be received on or before later than 2 business days prior to the electronically via email or in hard copy
August 16, 2018. The public hearing public hearing. The last day to register form.
will be held on July 17, 2018. will be July 15, 2018. If using email, The hearing schedules, including lists
ADDRESSES: The EPA has established a please provide the following of speakers, will be posted on EPA’s
docket for the proposed rulemaking information: Time of day you wish to website https://www.epa.gov/osa/
(available at http:// speak (8:00 a.m.–12:00 p.m., 12:00 strengthening-transparency-regulatory-
www.regulations.gov). The Docket ID p.m.–4:00 p.m., 4:00 p.m.–8:00 p.m.), science. Verbatim transcripts of the
No. is EPA–HQ–OA–2018–0259. Submit name, affiliation, address, email hearings and written statements will be
your comments, identified by the address, and telephone and fax included in the docket for the
appropriate Docket ID, to the Federal numbers. rulemaking. EPA will make every effort
eRulemaking Portal: http:// to follow the schedule as closely as
FOR FURTHER INFORMATION CONTACT:
www.regulations.gov. Follow the online possible on the day of the hearing;
instructions for submitting comments. Questions concerning the proposed rule,
however, please plan for the hearing to
Once submitted, comments cannot be ‘‘Strengthening Transparency in
run either ahead of schedule or behind
edited or withdrawn. The EPA may Regulatory Science’’ should be
schedule.
publish any comment received to its addressed to Tom Sinks, Office of the
Science Advisor, Environmental Dated: May 21, 2018.
public docket. Do not submit
Protection Agency, 1200 Pennsylvania Tom Sinks,
electronically any information you
Avenue NW, Washington, DC 20460; Director, Office of the Science Advisor.
consider to be Confidential Business
Information (CBI) or other information (202) 564–0221; email address: staff_ [FR Doc. 2018–11316 Filed 5–24–18; 8:45 am]
whose disclosure is restricted by statute. osa@epa.gov. BILLING CODE 6560–50–P
If you need to include CBI as part of SUPPLEMENTARY INFORMATION: This
your comment, please visit http:// document extends the public comment
www.epa.gov/dockets/comments.html period for the proposed rule to ensure ENVIRONMENTAL PROTECTION
for instructions. Multimedia that the public has sufficient time to AGENCY
submissions (audio, video, etc.) must be review and comment on the proposal.
EPA is proposing this rule under 40 CFR Part 52
accompanied by a written comment.
The written comment is considered the authority of 5 U.S.C. 301, in addition to [EPA–R05–OAR–2018–0008; FRL–9978–63-
official comment and should include the authorities listed in the April 30th Region 5]
discussion of all points you wish to document.
The public hearing provides the Air Plan Approval; Wisconsin;
make.
For additional submission methods, public with an opportunity to present Particulate Matter Standard
the full EPA public comment policy, oral comments regarding EPA’s AGENCY: Environmental Protection
and general guidance on making proposed regulation entitled Agency (EPA).
effective comments, please visit http:// ‘‘Strengthening Transparency in ACTION: Proposed rule.
www.epa.gov/dockets/comments.html. Regulatory Science.’’ This proposed
Public hearing: The public hearing regulation is intended to strengthen the SUMMARY: The Environmental Protection
will be held at the Environmental transparency of EPA regulatory science. Agency (EPA) is proposing to approve a
amozie on DSK3GDR082PROD with PROPOSALS1
Protection Agency, William Jefferson The proposed regulation provides that, January 4, 2018, request by the
Clinton East Building, Main Floor Room for the science pivotal to its significant Wisconsin Department of Natural
1153, 1201 Constitution Avenue NW, in regulatory actions, EPA will ensure that Resources (Wisconsin) to revise its state
Washington, DC 20460. The public the data and models underlying the implementation plan (SIP) for fine
hearing will convene at 8:00 a.m. EST science is publicly available in a particulate matter (PM2.5). Wisconsin
and continue until 8:00 p.m. EST or one manner sufficient for validation and updated its ambient air quality
hour after the last registered speaker has analysis. EPA is proposing this rule standards for PM2.5 to be consistent with
spoken, whichever is earlier. The EPA under authority of 5 U.S.C. 301, in EPA’s 2012 revisions to the PM2.5
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![24258 Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Proposed Rules
action because SIP approvals are ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT:
exempted under Executive Order 12866; AGENCY Radhica Kanniganti, Environmental
• Does not impose an information Engineer, Air Permits Section, Air
collection burden under the provisions 40 CFR Part 52 Programs Branch (AR–18J),
of the Paperwork Reduction Act (44 [EPA–R05–OAR–2017–0701; FRL–9978– Environmental Protection Agency,
U.S.C. 3501 et seq.); 65—Region 5] Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–8097,
• Is certified as not having a Air Plan Approval; Wisconsin; kanniganti.radhica@epa.gov.
significant economic impact on a Modification of Greenhouse Gases SUPPLEMENTARY INFORMATION:
substantial number of small entities Language Throughout this document whenever
under the Regulatory Flexibility Act (5
AGENCY: Environmental Protection ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
U.S.C. 601 et seq.);
Agency (EPA). EPA. This supplementary information
• Does not contain any unfunded section is arranged as follows:
ACTION: Proposed rule.
mandate or significantly or uniquely I. Review of State Submittals
affect small governments, as described SUMMARY: The Environmental Protection II. What action is EPA taking?
in the Unfunded Mandates Reform Act Agency (EPA) is proposing to approve a III. Incorporation by Reference
of 1995 (Pub. L. 104–4); revision to the Wisconsin State IV. Statutory and Executive Order Reviews
• Does not have Federalism Implementation Plan (SIP) submitted by
implications as specified in Executive the Wisconsin Department of Natural I. Review of State Submittals
Order 13132 (64 FR 43255, August 10, Resources (WDNR) to EPA on November This proposed rulemaking addresses
1999); 28, 2017. In this revision, WDNR makes the November 28, 2017, WDNR
modifications to the language associated submittal for SIP revision, revising the
• Is not an economically significant
with how greenhouse gases are rules in the Wisconsin SIP to reflect the
regulatory action based on health or
evaluated in the Prevention of changes required by UARG v. EPA, 134
safety risks subject to Executive Order
Significant Deterioration (PSD) program. S. Ct. 2427, on how greenhouse gases
13045 (62 FR 19885, April 23, 1997);
These revisions were made to reflect are evaluated in the PSD program. The
• Is not a significant regulatory action changes required by the United States Clean Air Act’s (CAA) PSD provisions
subject to Executive Order 13211 (66 FR Supreme Court in its June 23, 2014 make it unlawful to construct or modify
28355, May 22, 2001); decision, Utility Air Regulatory Group a ‘‘major emitting facility’’, in any area
• Is not subject to requirements of (UARG) v. EPA), 134 S. Ct. 2427. to which the PSD program applies,
Section 12(d) of the National DATES: Comments must be received on without a permit, 42 U.S.C. 7475(a). A
Technology Transfer and Advancement or before June 25, 2018. ‘‘major emitting facility’’ is a stationary
Act of 1995 (15 U.S.C. 272 note) because ADDRESSES: Submit your comments, source with the potential to emit 250
application of those requirements would identified by Docket ID No. EPA–R05– tons per year of ‘‘any air pollutant’’ (or
be inconsistent with the Clean Air Act; OAR–2017–0701 at http:// 100 tons per year for certain types of
and www.regulations.gov, or via email to sources). 42 U.S.C. 7479(1).
• Does not provide EPA with the damico.genevieve@epa.gov. For In Massachusetts v. EPA, 549 U.S. 497
discretionary authority to address, as comments submitted at Regulations.gov, (2007), the Supreme Court held that
appropriate, disproportionate human follow the online instructions for greenhouse gases, including carbon
health or environmental effects, using submitting comments. Once submitted, dioxide, fit within the definition of air
practicable and legally permissible comments cannot be edited or removed pollutant in the CAA. In 2010 and 2011,
methods, under Executive Order 12898 from Regulations.gov. For either manner EPA promulgated a series of greenhouse
(59 FR 7629, February 16, 1994). of submission, EPA may publish any gas emission standards for new motor
comment received to its public docket. vehicles, and made stationary sources
In addition, the SIP is not approved Do not submit electronically any subject to the PSD and title V permit
to apply on any Indian reservation land information you consider to be programs based on their potential to
or in any other area where EPA or an Confidential Business Information (CBI) emit greenhouse gases. Recognizing,
Indian tribe has demonstrated that a or other information whose disclosure is however, that requiring all sources with
tribe has jurisdiction. In those areas of restricted by statute. Multimedia greenhouse gas emissions above the
Indian country, the rule does not have submissions (audio, video, etc.) must be statutory thresholds would expand
tribal implications and will not impose accompanied by a written comment. these permit programs and make them
substantial direct costs on tribal The written comment is considered the unadministrable, EPA ‘‘tailored’’ the
governments or preempt tribal law as official comment and should include programs by adopting a ‘‘phase-in’’
specified by Executive Order 13175 (65 discussion of all points you wish to approach. The Tailoring Rule (75 FR
FR 67249, November 9, 2000). make. EPA will generally not consider 31514), published on June 3, 2010,
List of Subjects in 40 CFR Part 52 comments or comment contents located phased in permitting requirements for
outside of the primary submission (i.e. greenhouse gas emissions. Step 1 of this
Environmental protection, Air on the web, cloud, or other file sharing rule applied to sources that were subject
pollution control, Incorporation by system). For additional submission to the PSD and title V programs before
reference, Intergovernmental relations, methods, please contact the person greenhouse gases were regulated under
amozie on DSK3GDR082PROD with PROPOSALS1
Particulate matter, Reporting and identified in the FOR FURTHER the CAA. In Step 1, from January 2
recordkeeping requirements. INFORMATION CONTACT section. For the through June 30, 2011, no source would
Dated: May 16, 2018. full EPA public comment policy, become newly subject to the PSD or title
information about CBI or multimedia V program solely based on its
Cathy Stepp,
submissions, and general guidance on greenhouse gas emissions; however,
Regional Administrator, Region 5. making effective comments, please visit sources that were subject to PSD review
[FR Doc. 2018–11315 Filed 5–24–18; 8:45 am] http://www2.epa.gov/dockets/ anyway due to their non-greenhouse gas
BILLING CODE 6560–50–P commenting-epa-dockets. regulated pollutants would need to
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Document Created: 2018-05-25 02:12:53
Document Modified: 2018-05-25 02:12:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before June 25, 2018. | |
| Contact | Matt Rau, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6524, [email protected] | |
| FR Citation | 83 FR 24256 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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