83 FR 46882 - Air Plan Approval; Wisconsin; Particulate Matter Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 180 (September 17, 2018)

Page Range		46882-46884
FR Document		2018-20038

The Environmental Protection Agency (EPA) is approving a January 4, 2018, request by the Wisconsin Department of Natural Resources (Wisconsin) to revise its state implementation plan (SIP) for fine particulate matter (PM<INF>2.5</INF>). Wisconsin updated its ambient air quality standards for PM<INF>2.5</INF> to be consistent with EPA's 2012 revision to the PM<INF>2.5</INF> national ambient air quality standards (NAAQS). Wisconsin also revised its incorporation by reference rule to update references to the EPA monitoring methods.

Federal Register, Volume 83 Issue 180 (Monday, September 17, 2018)

[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Rules and Regulations]
[Pages 46882-46884]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20038]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0008; FRL-9982-61--Region 5]


Air Plan Approval; Wisconsin; Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 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 revision to the PM2.5 national ambient air 
quality standards (NAAQS). Wisconsin also revised its incorporation by 
reference rule to update references to the EPA monitoring methods.

[[Page 46883]]


DATES: This final rule is effective on October 17, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0008. 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 Matt Rau, Environmental Engineer, at (312) 886-6524 
before visiting the Region 5 office.

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, rau.matthew@epa.gov.

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. Public Comment
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 ([mu]g/m\3\). 40 CFR 50.18. EPA also retained the annual 
PM2.5 secondary (protective of public welfare) NAAQS set at 
a level of 15.0 [mu]g/m\3\, along with the 24-hour primary and 
secondary NAAQS for PM2.5 at a level of 35 [mu]g/m\3\. 40 
CFR 50.13.
    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 [mu]g/m\3\ with 
the 24-hour primary PM2.5 standard remaining at 35 [mu]g/
m\3\. Wisconsin retained the current secondary standard, 15.0 [mu]g/
m\3\ annual and 35 [mu]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 NAAQS 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 NAAQS for PM2.5, into 
NR 404.04(9).

II. Public Comment

    A comment period was provided in the May 25, 2018, proposed rule 
(83 FR 24257). The comment period closed on June 25, 2018. One 
anonymous comment was received that is irrelevant to the scope of this 
rulemaking and therefore, need not be addressed.

III. What action is EPA taking?

    EPA is approving 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 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).

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 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).

[[Page 46884]]

    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 November 16, 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 Clean Air Act section 
307(b)(2).)

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: August 8, 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.

Subpart YY--Wisconsin

0
2. Section 52.2570 is amended by revising paragraphs (c)(121) 
introductory text and (c)(121)(i)(B), adding paragraph (c)(121)(i)(C), 
revising paragraph (c)(121)(ii)(B), and adding paragraph 
(c)(121)(ii)(C) to read as follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (121) On September 11, 2009, the Wisconsin Department of Natural 
Resources (WDNR) submitted a State Implementation Plan (SIP) revision 
request. The State's ambient air quality standards were revised by 
adding fine particulate matter, PM2.5, standards and 
revising the coarse particulate matter, PM10, standards. 
Wisconsin added annual and 24-hour PM2.5 standards. It also 
revoked the annual PM10 ambient air quality standard while 
retaining the 24-hour PM10 standard. On January 4, 2018, the 
WDNR submitted a SIP revision request updating its ambient air quality 
standards for fine particulate matter to be consistent with EPA's 2012 
revisions to the fine particulate matter national ambient air quality 
standards. Wisconsin also revised its incorporation by reference rule 
to update references to the EPA monitoring methods.
    (i) * * *
    (B) NR 404.04 Ambient Air Quality Standards. NR 404.04(8) 
``PM10: PRIMARY AND SECONDARY STANDARDS.'' as published in 
the Wisconsin Administrative Register, September 2009, No. 645, 
effective October 1, 2009.
    (C) NR 404.04 Ambient Air Quality Standards. NR 404.04(9) 
``PM2.5.'' as published in the Wisconsin Administrative 
Register, December 2017, No. 744, effective January 1, 2018.
    (ii) * * *
    (B) NR 484.04 Code of federal regulations appendices. NR 484.04(6) 
in Table 2, as published in the Wisconsin Administrative Register, 
September 2009, No. 645, effective October 1, 2009.
    (C) NR 484.04 Code of federal regulations appendices. NR 484.04(6g) 
and NR 484.04(6r) in Table 2, as published in the Wisconsin 
Administrative Register, December 2017, No. 744, effective January 1, 
2018.
* * * * *
[FR Doc. 2018-20038 Filed 9-14-18; 8:45 am]
 BILLING CODE 6560-50-P

46882 Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Rules and Regulations

direct costs on tribal governments or circuit by November 16, 2018. Filing a PART 52—APPROVAL AND
preempt tribal law. petition for reconsideration by the PROMULGATION OF
The Congressional Review Act, 5 Administrator of this final rule does not IMPLEMENTATION PLANS
U.S.C. 801 et seq., as added by the Small affect the finality of this action for the
Business Regulatory Enforcement purposes of judicial review nor does it ■ 1. The authority citation for part 52
Fairness Act of 1996, generally provides extend the time within which a petition continues to read as follows:
that before a rule may take effect, the for judicial review may be filed, and Authority: 42.U.S.C. 7401 et seq.
agency promulgating the rule must shall not postpone the effectiveness of
submit a rule report, which includes a such rule or action. This action may not Subpart RR—Tennessee
copy of the rule, to each House of the be challenged later in proceedings to
Congress and to the Comptroller General enforce its requirements. See section ■ 2. Section 52.2220(c) is amended in
of the United States. EPA will submit a 307(b)(2). Table 3 by:
report containing this action and other ■ a. Removing the entry for ‘‘25.0;’’
List of Subjects in 40 CFR Part 52 ■ b. Adding the heading ‘‘Section 25.0—
required information to the U.S. Senate,
the U.S. House of Representatives, and Environmental protection, Air Permits’’ and entries for ‘‘25.1,’’ ‘‘25.3,’’
the Comptroller General of the United pollution control, Carbon monoxide, and ‘‘25.2; 25.4; 25.5; 25.6; 25.7; 25. 10;
States prior to publication of the rule in Incorporation by reference, Lead, 25.11’’ in numerical order; and
the Federal Register. A major rule Nitrogen dioxide, Ozone, Particulate ■ c. Revising the entries for ‘‘41.0’’ and
cannot take effect until 60 days after it matter, Reporting and recordkeeping ‘‘45.0’’.
is published in the Federal Register. requirements, Sulfur oxides, Volatile The additions and revisions read as
This action is not a ‘‘major rule’’ as organic compounds. follows:
defined by 5 U.S.C. 804(2).
Dated: September 4, 2018. § 52.2220 Identification of plan.
Under section 307(b)(1) of the CAA,
Onis ‘‘Trey’’ Glenn, III, * * * * *
petitions for judicial review of this
action must be filed in the United States Regional Administrator, Region 4. (c) * * *
Court of Appeals for the appropriate 40 CFR part 52 is amended as follows: * * * * *

TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS
State effective
State section Title/subject EPA approval date Explanation
date

* * * * * * *

Section 25.0—Permits

25.1 ................................ Construction Permit .............................................. 1/18/2017 9/17/2018, [Insert cita-
tion of publication].
25.3 ................................ Operating Permit .................................................. 1/18/2017 9/17/2018, [Insert cita-
tion of publication].
25.2; 25.4; 25.5; 25.6; Application for Permit; Compliance Schedule; 3/12/2014 4/22/2016, 81 FR 23640.
25.7; 25.10; 25.11. Reporting of Information; Exemptions; Pay-
ment of Fees; Permit by Rule; Limiting a
Source’s Potential to Emit of VOC by Record-
keeping.

* * * * * * *
41.0 ................................ Regulation for the Review of New Sources ......... 1/18/2017 9/17/2018, [Insert cita-
tion of publication].
45.0 ................................ Prevention of Significant Deterioration ................. 7/20/2016 9/17/2018, [Insert cita-
tion of publication].

* * * * * * *

* * * * * ENVIRONMENTAL PROTECTION SUMMARY: The Environmental Protection
[FR Doc. 2018–20041 Filed 9–14–18; 8:45 am] AGENCY Agency (EPA) is approving a January 4,
BILLING CODE 6560–50–P 2018, request by the Wisconsin
40 CFR Part 52 Department of Natural Resources
(Wisconsin) to revise its state
[EPA–R05–OAR–2018–0008; FRL–9982– implementation plan (SIP) for fine
61—Region 5] particulate matter (PM2.5). Wisconsin
updated its ambient air quality
standards for PM2.5 to be consistent with
daltland on DSKBBV9HB2PROD with RULES

Air Plan Approval; Wisconsin;
Particulate Matter Standard EPA’s 2012 revision to the PM2.5
national ambient air quality standards
AGENCY: Environmental Protection (NAAQS). Wisconsin also revised its
Agency (EPA). incorporation by reference rule to
update references to the EPA monitoring
ACTION: Final rule.
methods.

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Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Rules and Regulations 46883

DATES: This final rule is effective on secondary PM2.5 standard. In NR FURTHER INFORMATION CONTACT section of
October 17, 2018. 404.04(9)(am), the primary annual PM2.5 this preamble for more information).
ADDRESSES: EPA has established a standard was revised from 15.0 to 12.0
V. Statutory and Executive Order
docket for this action under Docket ID mg/m3 with the 24-hour primary PM2.5
Reviews
No. EPA–R05–OAR–2018–0008. All standard remaining at 35 mg/m3.
documents in the docket are listed on Wisconsin retained the current Under the Clean Air Act, the
the www.regulations.gov website. secondary standard, 15.0 mg/m3 annual Administrator is required to approve a
Although listed in the index, some and 35 mg/m3 24-hour, in the new NR SIP submission that complies with the
information is not publicly available, 404.04(9)(bm). provisions of the Clean Air Act and
i.e., Confidential Business Information Wisconsin also included monitoring applicable Federal regulations. 42
(CBI) or other information whose method requirements in both NR U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
disclosure is restricted by statute. 404.04(9)(am) and (bm). The ambient in reviewing SIP submissions, EPA’s
Certain other material, such as PM2.5 is to be measured by the methods role is to approve state choices,
copyrighted material, is not placed on of 40 CFR part 50, appendices L and N, provided that they meet the criteria of
the internet and will be publicly for both standards. 40 CFR part 50, the Clean Air Act. Accordingly, this
available only in hard copy form. appendix L, is the Reference Method for action merely approves state law as
Publicly available docket materials are the Determination of Fine Particulate meeting Federal requirements and does
available either through Matter as PM2.5 in the Atmosphere, not impose additional requirements
www.regulations.gov or at the while 40 CFR part 50, appendix N, is beyond those imposed by state law. For
Environmental Protection Agency, the Interpretation of the NAAQS for that reason, this action:
Region 5, Air and Radiation Division, 77 PM2.5. • Is not a significant regulatory action
West Jackson Boulevard, Chicago, Wisconsin also revised its subject to review by the Office of
Illinois 60604. This facility is open from incorporation by reference rules in Management and Budget under
8:30 a.m. to 4:30 p.m., Monday through chapter NR 484. Wisconsin altered NR Executive Orders 12866 (58 FR 51735,
Friday, excluding Federal holidays. We 484.04(6g) and NR 484.04(6r). The State October 4, 1993) and 13563 (76 FR 3821,
recommend that you telephone Matt amended NR 484.04(6g) by January 21, 2011);
Rau, Environmental Engineer, at (312) incorporating by reference 40 CFR part • Is not an Executive Order 13771 (82
886–6524 before visiting the Region 5 50, appendix L, Reference Method for FR 9339, February 2, 2017) regulatory
office. the Determination of Particulate Matter action because SIP approvals are
as PM2.5 in the Atmosphere, into NR exempted under Executive Order 12866;
FOR FURTHER INFORMATION CONTACT: Matt 404.04(9). The State amended NR • Does not impose an information
Rau, Environmental Engineer, Control 484.04(6r) by incorporating by reference collection burden under the provisions
Strategies Section, Air Programs Branch 40 CFR part 50, appendix N, of the Paperwork Reduction Act (44
(AR–18J), Environmental Protection Interpretation of the NAAQS for PM2.5, U.S.C. 3501 et seq.);
Agency, Region 5, 77 West Jackson into NR 404.04(9). • Is certified as not having a
Boulevard, Chicago, Illinois 60604, significant economic impact on a
(312) 886–6524, rau.matthew@epa.gov. II. Public Comment substantial number of small entities
SUPPLEMENTARY INFORMATION: A comment period was provided in under the Regulatory Flexibility Act (5
Throughout this document whenever the May 25, 2018, proposed rule (83 FR U.S.C. 601 et seq.);
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 24257). The comment period closed on • Does not contain any unfunded
EPA. This supplementary information June 25, 2018. One anonymous mandate or significantly or uniquely
section is arranged as follows: comment was received that is irrelevant affect small governments, as described
I. Background to the scope of this rulemaking and in the Unfunded Mandates Reform Act
II. Public Comment therefore, need not be addressed. of 1995 (Pub. L. 104–4);
III. What action is EPA taking? • Does not have Federalism
III. What action is EPA taking? implications as specified in Executive
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews EPA is approving revisions to NR Order 13132 (64 FR 43255, August 10,
404.04(9), NR 484.04(6g), and NR 1999);
I. Background 484.04(6r), as submitted on January 4, • Is not an economically significant
On January 15, 2013, EPA revised the 2018. The revisions to the ambient air regulatory action based on health or
primary (protective of human health) quality standards and the incorporation safety risks subject to Executive Order
annual PM2.5 NAAQS to a level of 12.0 by reference rules make Wisconsin’s 13045 (62 FR 19885, April 23, 1997);
micrograms per cubic meter (mg/m3). 40 standards consistent with 2012 PM2.5 • Is not a significant regulatory action
CFR 50.18. EPA also retained the annual NAAQS. subject to Executive Order 13211 (66 FR
PM2.5 secondary (protective of public 28355, May 22, 2001);
welfare) NAAQS set at a level of 15.0 IV. Incorporation by Reference • Is not subject to requirements of
mg/m3, along with the 24-hour primary In this rule, EPA is finalizing Section 12(d) of the National
and secondary NAAQS for PM2.5 at a regulatory text that includes Technology Transfer and Advancement
level of 35 mg/m3. 40 CFR 50.13. incorporation by reference. In Act of 1995 (15 U.S.C. 272 note) because
Wisconsin revised its ambient air accordance with requirements of 1 CFR application of those requirements would
quality rules in chapter NR 404 such 51.5, EPA is finalizing the incorporation be inconsistent with the Clean Air Act;
that its PM2.5 standards are consistent by reference of the Wisconsin and
with EPA’s revision. Wisconsin Regulations described in the • Does not provide EPA with the
daltland on DSKBBV9HB2PROD with RULES

modified NR 404.04(9) by splitting the amendments to 40 CFR part 52 set forth discretionary authority to address, as
PM2.5 standards into separate sections below. EPA has made, and will continue appropriate, disproportionate human
for the primary and secondary to make, these documents generally health or environmental effects, using
standards. Wisconsin added NR available through www.regulations.gov, practicable and legally permissible
404.04(9)(am) for the primary PM2.5 and at the EPA Region 5 Office (please methods, under Executive Order 12898
standard and NR 404.04(9)(bm) for the contact the person identified in the FOR (59 FR 7629, February 16, 1994).

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46884 Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Rules and Regulations

In addition, the SIP is not approved Subpart YY—Wisconsin DEPARTMENT OF TRANSPORTATION
to apply on any Indian reservation land
or in any other area where EPA or an ■ 2. Section 52.2570 is amended by Federal Railroad Administration
Indian tribe has demonstrated that a revising paragraphs (c)(121)
tribe has jurisdiction. In those areas of introductory text and (c)(121)(i)(B), 49 CFR Part 228
Indian country, the rule does not have adding paragraph (c)(121)(i)(C), revising [Docket No. FRA–2012–0101]
tribal implications and will not impose paragraph (c)(121)(ii)(B), and adding
substantial direct costs on tribal RIN 2130–AC41
paragraph (c)(121)(ii)(C) to read as
governments or preempt tribal law as
follows: Hours of Service Recordkeeping;
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). Automated Recordkeeping; Correction
§ 52.2570 Identification of plan.
The Congressional Review Act, 5 * * * * * AGENCY: Federal Railroad
U.S.C. 801 et seq., as added by the Small Administration (FRA), Department of
Business Regulatory Enforcement (c) * * * Transportation (DOT).
Fairness Act of 1996, generally provides (121) On September 11, 2009, the ACTION: Correcting amendment.
that before a rule may take effect, the Wisconsin Department of Natural
agency promulgating the rule must Resources (WDNR) submitted a State SUMMARY: On August 29, 2018, FRA
submit a rule report, which includes a Implementation Plan (SIP) revision published a final rule to reduce the
copy of the rule, to each House of the request. The State’s ambient air quality paperwork burden associated with
Congress and to the Comptroller General standards were revised by adding fine compliance with Federal hours of
of the United States. EPA will submit a particulate matter, PM2.5, standards and service laws and regulations. In
report containing this action and other revising the coarse particulate matter, preparing that final rule for publication,
required information to the U.S. Senate, PM10, standards. Wisconsin added a technical error was made as described
the U.S. House of Representatives, and annual and 24-hour PM2.5 standards. It in the Supplementary Information. FRA
the Comptroller General of the United also revoked the annual PM10 ambient is correcting this minor error so that the
States prior to publication of the rule in air quality standard while retaining the final rule clearly conforms to FRA’s
the Federal Register. A major rule intent.
24-hour PM10 standard. On January 4,
cannot take effect until 60 days after it DATES: Effective on September 17, 2018.
2018, the WDNR submitted a SIP
is published in the Federal Register.
revision request updating its ambient air FOR FURTHER INFORMATION CONTACT:
This action is not a ‘‘major rule’’ as
quality standards for fine particulate Emily T. Prince, Attorney-Adviser,
defined by 5 U.S.C. 804(2).
matter to be consistent with EPA’s 2012 Office of Chief Counsel, FRA, 1200 New
Under section 307(b)(1) of the Clean Jersey Avenue SE, Washington, DC
revisions to the fine particulate matter
Air Act, petitions for judicial review of 20590 (telephone 202–493–6146),
national ambient air quality standards.
this action must be filed in the United emily.prince@dot.gov.
States Court of Appeals for the Wisconsin also revised its incorporation
by reference rule to update references to SUPPLEMENTARY INFORMATION: In the
appropriate circuit by November 16,
2018. Filing a petition for the EPA monitoring methods. final rule, FRA failed to include an
reconsideration by the Administrator of (i) * * * instruction amending 49 CFR 228.201 to
this final rule does not affect the finality include new paragraph (c). See 83 FR
(B) NR 404.04 Ambient Air Quality 43988. Paragraph (c) was discussed in
of this action for the purposes of judicial Standards. NR 404.04(8) ‘‘PM10:
review nor does it extend the time the section-by-section analysis and
PRIMARY AND SECONDARY properly published as new rule text, but
within which a petition for judicial STANDARDS.’’ as published in the
review may be filed, and shall not was not properly included in an
Wisconsin Administrative Register, amendatory instruction. This correction
postpone the effectiveness of such rule
September 2009, No. 645, effective remedies that oversight to ensure that
or action. This action may not be
October 1, 2009. the codified text of the section matches
challenged later in proceedings to
enforce its requirements. (See Clean Air (C) NR 404.04 Ambient Air Quality the text FRA intended.
Act section 307(b)(2).) Standards. NR 404.04(9) ‘‘PM2.5.’’ as List of Subjects in 49 CFR Part 228
published in the Wisconsin
List of Subjects in 40 CFR Part 52 Administrative practice and
Administrative Register, December
procedures, Buildings and facilities,
Environmental protection, Air 2017, No. 744, effective January 1, 2018.
Hazardous materials transportation,
pollution control, Incorporation by (ii) * * * Noise control, Penalties, Railroad
reference, Intergovernmental relations,
(B) NR 484.04 Code of federal employees, Railroad safety, Reporting
Particulate matter, Reporting and
regulations appendices. NR 484.04(6) in and recordkeeping requirements.
recordkeeping requirements.
Table 2, as published in the Wisconsin The Rule
Dated: August 8, 2018.
Administrative Register, September
Cathy Stepp, For the reasons discussed in the
2009, No. 645, effective October 1, 2009.
Regional Administrator, Region 5. preamble, FRA amends part 228 of
(C) NR 484.04 Code of federal chapter II, subtitle B of title 49, Code of
40 CFR part 52 is amended as follows: regulations appendices. NR 484.04(6g) Federal Regulations, as follows:
and NR 484.04(6r) in Table 2, as
PART 52—APPROVAL AND
daltland on DSKBBV9HB2PROD with RULES

published in the Wisconsin PART 228—PASSENGER TRAIN
PROMULGATION OF EMPLOYEE HOURS OF SERVICE;
IMPLEMENTATION PLANS Administrative Register, December
2017, No. 744, effective January 1, 2018. RECORDKEEPING AND REPORTING;
SLEEPING QUARTERS
■ 1. The authority citation for part 52 * * * * *
continues to read as follows: [FR Doc. 2018–20038 Filed 9–14–18; 8:45 am]
■ 1. The authority citation for part 228
Authority: 42 U.S.C. 7401 et seq. BILLING CODE 6560–50–P continues to read as follows:

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Document Created: 2018-09-15 01:37:22
Document Modified: 2018-09-15 01:37:22

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 October 17, 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 46882
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements