83 FR 37434 - Air Plan Approval; Wisconsin; Modification of Greenhouse Gas Language

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 148 (August 1, 2018)

The Environmental Protection Agency (EPA) is finalizing an approval to a revision to the Wisconsin State Implementation Plan (SIP) submitted by the Wisconsin Department of Natural Resources (WDNR) to EPA on November 28, 2017. In this revision, WDNR makes modifications to the language associated with how greenhouse gases are evaluated in the Prevention of Significant Deterioration (PSD) program. These revisions were made to reflect changes required by the United States Supreme Court in its June 23, 2014 decision, Utility Air Regulatory Group (UARG) v. EPA), 134 S. Ct. 2427.

[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Rules and Regulations]
[Pages 37434-37435]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16469]



[[Page 37434]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0701; FRL-9981-44--Region 5]


Air Plan Approval; Wisconsin; Modification of Greenhouse Gas 
Language

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing an 
approval to a revision to the Wisconsin State Implementation Plan (SIP) 
submitted by the Wisconsin Department of Natural Resources (WDNR) to 
EPA on November 28, 2017. In this revision, WDNR makes modifications to 
the language associated with how greenhouse gases are evaluated in the 
Prevention of Significant Deterioration (PSD) program. These revisions 
were made to reflect changes required by the United States Supreme 
Court in its June 23, 2014 decision, Utility Air Regulatory Group 
(UARG) v. EPA), 134 S. Ct. 2427.

DATES: This final rule is effective on August 31, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0701. All documents in the docket are listed on 
the www.regulations.gov website. 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 Rachel Rineheart, Environmental Engineer, at (312) 
886-7017 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Rachel Rineheart, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7017, [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 action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    This final rulemaking addresses the November 28, 2017 WDNR 
submittal for SIP revision, revising the rules in the Wisconsin SIP to 
reflect the changes required by UARG v. EPA, 134 S. Ct. 2427, on how 
greenhouse gases are evaluated in the PSD program.
    On June 23, 2014, in UARG v. EPA, the Supreme Court ruled that the 
Clean Air Act (CAA) neither compels nor permits EPA to adopt an 
interpretation of the CAA requiring a source to obtain a PSD or title V 
permit based solely on its potential greenhouse gas emissions. The 
ruling supported EPA's decision to require sources otherwise subject to 
PSD review to comply with BACT emission standards for greenhouse gases. 
In other words, with respect to PSD, the ruling upheld PSD permitting 
requirements for greenhouse gases under Step 1 of the Tailoring rule 
for ``anyway'' sources, i.e., sources that were subject to PSD review 
anyway due to their non-greenhouse gas regulated pollutants, and 
invalidated PSD permitting requirement for Step 2 sources, i.e., 
sources that were considered major solely as a result of their 
greenhouse gas emissions.
    Following the UARG v. EPA decision, WDNR is modifying its PSD rules 
in NR 405.07(9) to establish the conditions under which greenhouse 
gases at a stationary source shall be subject to the PSD regulations.
    On May 25, 2018 (83 FR 24258), EPA published a notice of proposed 
rulemaking (NPRM) proposing approval of Wisconsin's November 28, 2017 
submittal for SIP revision on the basis that we found it consistent 
with the June 23, 2014, UARG v. EPA ruling.
    The specific details of Wisconsin's November 28, 2017 SIP revision 
and the rationale for EPA's approval are discussed in the NPRM and will 
not be restated here. EPA received three comments on the proposed 
action; none were relevant to the rulemaking.

II. What action is EPA taking?

    EPA is approving Wisconsin's November 28, 2017 submittal for SIP 
revision as the modification to the greenhouse gas language in NR 
405.07(9) is consistent with the June 23, 2014, UARG v. EPA ruling.

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);

[[Page 37435]]

     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 October 1, 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. 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.

    Dated: July 17, 2018.
Cathy Stepp,
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 paragraphs (c)(126) 
introductory text and (c)(126)(i)(D) to read as follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (126) On May 4, 2011, June 20, 2012, and September 28, 2012, 
Wisconsin Department of Natural Resources (WDNR) submitted a request to 
revise Wisconsin's Prevention of Significant Deterioration (PSD) 
program to incorporate the ``Tailoring Rule'' and the Federal deferral 
for biogenic CO2 emissions into Wisconsin's SIP. On November 
28, 2017, WDNR submitted a modification to the greenhouse gas language 
to be consistent with the June 23, 2014, UARG v. EPA ruling.
    (i) * * *
    (D) Wisconsin Administrative Code, NR 405.07 Review of major 
stationary sources and major modifications--source applicability and 
exemptions. NR 405.07(9), as published in the Wisconsin Administrative 
Register July 2015, No. 715, effective August 1, 2015.
* * * * *
[FR Doc. 2018-16469 Filed 7-31-18; 8:45 am]
 BILLING CODE 6560-50-P