83 FR 53816 - Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; VOC Definition Update and Removal of Obsolete Gasoline Vapor Recovery Regulations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 207 (October 25, 2018)

Page Range		53816-53818
FR Document		2018-23244

The Environmental Protection Agency (EPA) is approving a request submitted by the Wisconsin Department of Natural Resources (WDNR) on May 16, 2017, to revise the Wisconsin State Implementation Plan (SIP). The submission includes amendments to the Wisconsin Administrative Code updating the definition of ``volatile organic compound (VOC)'' to add eight compounds to the list of exempt compounds. In addition, WDNR is also requesting the withdrawal of several previously approved provisions of the Wisconsin Administrative Code from the SIP concerning the State's Stage II vapor recovery (Stage II) program that terminated in 2012. EPA approved the removal of the Stage II program as a component of the Wisconsin SIP in 2013, including the approval of a demonstration under section 110(l) of the Clean Air Act (CAA) that addressed emissions impacts associated with the removal of the program. EPA proposed to approve the State's submittal on May 25, 2018.

Federal Register, Volume 83 Issue 207 (Thursday, October 25, 2018)

[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Rules and Regulations]
[Pages 53816-53818]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23244]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0279; FRL-9985-30-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; VOC Definition Update and Removal of Obsolete Gasoline Vapor 
Recovery Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request submitted by the Wisconsin Department of Natural Resources 
(WDNR) on May 16, 2017, to revise the Wisconsin State Implementation 
Plan (SIP). The submission includes amendments to the Wisconsin 
Administrative Code updating the definition of ``volatile organic 
compound (VOC)'' to add eight compounds to the list of exempt 
compounds. In addition, WDNR is also requesting the withdrawal of 
several previously approved provisions of the Wisconsin Administrative 
Code from the SIP concerning the State's Stage II vapor recovery (Stage 
II) program that terminated in 2012. EPA approved the removal of the 
Stage II program as a component of the Wisconsin SIP in 2013, including 
the approval of a demonstration under section 110(l) of the Clean Air 
Act (CAA) that addressed emissions impacts associated with the removal 
of the program. EPA proposed to approve the State's submittal on May 
25, 2018.

DATES: This final rule is effective on November 26, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0279. All documents in the docket are listed in 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information 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 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source 
Program Manager, Control Strategies Section, Air Programs Branch (AR 
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6061, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'' or ``our'' is used, we mean EPA.

I. What is being addressed by this document?

    On May 25, 2018, at 83 FR 24267, EPA proposed to approve a revision 
to the Wisconsin SIP that updates the definition of VOC at Wisconsin 
Administrative Code Chapter NR 400.02(162) to add the following 
compounds to the list of exclusions at NR 400.02(162): Trans-1,3,3,3-
tetrafluoropropene (HFO-1234ze), HCF2OCF2H (HFE-
134), HCF2OCF2OCF2H (HFE-236cal2), 
HCF2OCF2CF2OCF2H (HFE-
338pcc13), 
HCF2OCF2OCF2CF2OCF2
H (H-Galaden 1040X or H-Galden ZT 130 (or 150 or 180), Trans-1-chloro-
3,3,3-triflouroprop-1-ene (Solstice\TM\ 1233zd(E)), 2,3,3,3-
tetraflouropropene (HFO-1234yf), and 2-amino-2-methyl-1-propanol (AMP; 
CAS number 124-68-5). Wisconsin took this action based on EPA's 2012, 
2013, and 2014 rulemakings in which EPA determined that these compounds 
have a negligible contribution to tropospheric ozone formation and thus 
should be excluded from the definition of VOC codified at 40 CFR 
51.100(s). See 77 FR 37610 (June 22, 2012); 78 FR 9823 (February 12, 
2013); 78 FR 62451 (October 22, 2013); 78 FR 53029 (August 28, 2013); 
and 79 FR 17037 (March 27, 2014). This action also approves minor 
stylistic edits for clarity in NR 420.02(39), NR 420.03(4)(b)3, NR 
420.04(1)(b)4, and NR 420.04(3)(c)1.
    EPA is also approving the withdrawal of several remaining 
provisions from the Wisconsin SIP that are related to the Stage II 
vapor recovery program that was terminated by Wisconsin in 2012. 
Wisconsin originally submitted a SIP revision to EPA on November 18, 
1992, to satisfy the requirement of section 182(b)(3) of the CAA. The 
revision applied to Kenosha, Kewanee, Manitowoc, Milwaukee, Ozaukee, 
Racine, Sheboygan, Washington and Waukesha counties, and was 
incorporated into the WDNR's 1993-94 ozone 15% Control Plan. EPA fully 
approved Wisconsin's Stage II program on August 13, 1993 (53 FR 43080), 
including the program's legal authority and administrative requirements 
found in Section 285.31 of the Wisconsin Statutes and Chapter NR 
420.045 of the Wisconsin Administrative Code.
    On November 12, 2012, WDNR submitted a SIP revision requesting the 
removal of Stage II requirements under NR 420.045 of the Wisconsin 
Administrative Code from the Wisconsin SIP. To support the removal of 
the Stage II requirements, the revision included a section 110(l) 
demonstration addressing the emissions impacts associated with the 
removal of the program. On November 4, 2013 (78 FR 65875), EPA approved 
the removal of the Stage II requirements under NR 420.045 of the 
Wisconsin Administrative Code from the Wisconsin SIP. In this action 
EPA approves the removal of the residual Stage II provisions that 
remained in place after the program was decommissioned. These 
provisions are NR 420.02(8m), 420.02(26), 420.02(32), 420.02(38m), NR 
425.035, NR 439.06(3)(i), NR 484.05(4), NR 484.05(5), and NR 494.04.

II. What comments did we receive on the proposed SIP revision?

    Our May 25, 2018 proposed rule provided a 30-day review and comment 
period. The comment period closed on June 25, 2018. EPA received one 
comment during the public comment period, but the comment was 
completely outside of the scope of this approval and, therefore, is not 
being addressed as part of this final action.

III. What action is EPA taking?

    EPA is approving the revision to the Wisconsin SIP submitted by 
WDNR on May 16, 2017, because the revision is consistent with EPA's 
prior actions revising the definition of VOC. In addition, the removal 
of remaining Stage II program provisions from the SIP

[[Page 53817]]

meets all applicable requirements, and will not interfere with 
reasonable further progress or attainment of any of the national 
ambient air quality standards.

IV. Incorporation by Reference

    In this document, 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 CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 24, 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, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: September 19, 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)(69)(i)(A) 
through (C), (c)(69)(i)(E), (c)(73)(i)(C), and (c)(73)(i)(H) through 
(J), and by adding paragraph (c)(138) to read as follows:


Sec.  52.2570   Identification of plan.

* * * * *
    (c) * * *
    (69) * * *
    (i) * * *
    (A) Wisconsin Administrative Code, Chapter NR 420 Control of 
Organic Compound Emissions from Petroleum and Gasoline Sources; Section 
420.02 Definitions, Sections NR 420.02(8m), (24m), (32m), (38m), (39m); 
Section NR 420.045 Motor Vehicle Refueling; published in Wisc. Admin. 
Code in January 1993, and took effect on February 1, 1993. Section NR 
420.045 was rescinded in 2013 and is removed without replacement; see 
paragraph (c)(129) of this section. Sections NR 420.02(8m) and NR 
420.02(38m) were rescinded in 2016 and are removed without replacement; 
see paragraph (c)(138) of this section.
    (B) Wisconsin Administrative Code, Chapter NR 425 Compliance 
Schedules, Exceptions, Registration and Deferrals for Organic Compound 
Emissions Sources in Chapters 419 to 424; Section 425.035 Throughput 
Reporting and Compliance Schedules for Motor Vehicle Refueling; 
published in Wisc. Admin. Code in January 1993, and took effect on 
February 1, 1993. Section NR 425.035 was rescinded in 2016 and is 
removed without replacement; see paragraph (c)(138) of this section.
    (C) Wisconsin Administrative Code, Chapter NR 439 Reporting, 
Recordkeeping, Testing, Inspection and Determination of Compliance 
Requirements; Section NR 439.06(3)(c); Section NR 439.06(3)(i); 
published in the Wisc. Admin. Code in January 1993, and took effect on 
February 1, 1993. Section NR 439.06(3)(i) was rescinded in 2016 and is 
removed without

[[Page 53818]]

replacement; see paragraph (c)(138) of this section.
* * * * *
    (E) Wisconsin Administrative Code, Chapter NR 494 Enforcement and 
Penalties for Violation of Air Pollution Control Provisions; renumbered 
Sections NR 494.025 and 494.03 to NR 494.03 and 494.05; Section NR 
494.04 Tagging Gasoline Dispensing Equipment; published in the Wisc. 
Admin. Code in January 1993 and took effect on February 1, 1993. 
Section NR 494.04 was rescinded in 2016 and is removed without 
replacement; see paragraph (c)(138) of this section.
* * * * *
    (73) * * *
    (i) * * *
    (C) Chapter NR 420: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM 
PETROLEUM AND GASOLINE SOURCES. NR 420.01 as published in the 
(Wisconsin) Register, February, 1990, No. 410, effective March, 1, 
1990. NR 420.02 and 420.045 as published in the (Wisconsin) Register, 
January, 1993, No. 445, effective February 1, 1993. NR 420.03 and 
420.04 as published in the (Wisconsin) Register, December, 1993, No. 
456, effective January 1, 1994. NR 420.05 as published in the 
(Wisconsin) Register, May, 1992, No. 437, effective June 1, 1992. 
Section NR 420.045 was rescinded in 2013 and is removed without 
replacement; see paragraph (c)(129) of this section. Sections NR 
420.02(8m), (26), (32), and (38m) were rescinded in 2016 and are 
removed without replacement; see paragraph (c)(138) of this section.
* * * * *
    (H) Chapter NR 425: COMPLIANCE SCHEDULES, EXCEPTIONS, REGISTRATION 
AND DEFERRALS FOR ORGANIC COMPOUND EMISSION SOURCES IN CHS. NR 419 TO 
424. NR 425.01 and 425.02 as published in the (Wisconsin) Register, 
February, 1990, No. 410, effective March 1, 1990. NR 425.03, 425.04 and 
425.05 as published in the (Wisconsin) Register, December, 1993, No. 
456, effective January 1, 1994. NR 425.035 as published in the 
(Wisconsin) Register, January, 1993, No. 445, effective February 1, 
1993. Section NR 425.035 was rescinded in 2016 and is removed without 
replacement; see paragraph (c)(138) of this section.
    (I) Chapter NR 439: REPORTING, RECORDKEEPING, TESTING, INSPECTION 
AND DETERMINATION OF COMPLIANCE REQUIREMENTS. NR 439.01 and 439.085 as 
published in the (Wisconsin) Register, May, 1992, No. 437, effective 
June 1, 1992. NR 439.02, 439.03, 439.04, 439.05, 439.055, 439.06, 
439.07, 439.075, 439.09, 439.095 and 439.11 as published in the 
(Wisconsin) Register, December, 1993, No. 456, effective January 1, 
1994. NR 439.08 as published in the (Wisconsin) Register, May, 1993, 
No. 449, effective June 1, 1993. NR 439.10 as published in the 
(Wisconsin) Register, September, 1987, No. 381, effective October 1, 
1987. Section NR 439.06(3)(i) was rescinded in 2016 and is removed 
without replacement; see paragraph (c)(138) of this section.
    (J) Chapter NR 484: INCORPORA- TION BY REFERENCE. NR 484.01 as 
published in the (Wisconsin) Register, May, 1992, No. 437, effective 
June 1, 1992. NR 484.02 as published in the (Wisconsin) Register, 
September, 1986, No. 369, effective October 1, 1986. NR 484.03 as 
published in the (Wisconsin) Register, May, 1993, No. 449, effective 
June 1, 1993. NR 484.04, 484.05 and 484.06 as published in the 
(Wisconsin) Register, December, 1993, No. 456, effective January 1, 
1994. NR 484.08 and 484.09 as published in the (Wisconsin) Register, 
October, 1992, No. 442, effective November 1, 1992. Section NR 
484.04(3) was repealed in 2011 and is removed without replacement; see 
paragraph (c)(130) of this section. Sections NR 484.05(4) and NR 
484.04(5) were rescinded in 2016 and are removed without replacement; 
see paragraph (c)(138) of this section.
* * * * *
    (138) On May 16, 2017, the Wisconsin Department of Natural 
Resources submitted a request to remove, from the Wisconsin ozone State 
Implementation Plan, residual Stage II vapor recovery program 
provisions that remained in place after the program was decommissioned. 
The request also updates the definition of VOC at Wisconsin 
Administrative Code Chapter NR 400.02(162) to add the following 
compounds to the list of excluded compounds at NR 400.02(162): Trans-
1,3,3,3-tetrafluoropropene (HFO-1234ze), HCF2OCF2H (HFE-134), 
HCF2OCF2OCF2H (HFE-236cal2), HCF2OCF2CF2OCF2H (HFE-338pcc13), 
HCF2OCF2OCF2CF2OCF2H (H-Galaden 1040X or H-Galden ZT 130 (or 150 or 
180), Trans-1-chloro-3,3,3-triflouroprop-1-ene (SolsticeTM 1233zd(E)), 
2,3,3,3-tetraflouropropene (HFO-1234yf), and 2-amino-2-methyl-1-
propanol (AMP; CAS number 124-68-5). The request also includes minor 
amendments that contain minor stylistic edits for clarity.
    (i) Incorporation by reference. NR 400.02(162), NR 420.02(39), NR 
420.03(4)(b)3, NR 420.04(1)(b)4, and NR 420.04(3)(c)1 as published in 
the Wisconsin Register, July 2016, No. 727, effective August 1, 2016.
    (ii) Additional material. Wisconsin Natural Resources Board January 
27, 2016, Board Order AM-15-14 to repeal NR 420.02(8m), (26), (32), and 
(38m), 425.035, 439.06(3)(i), 484.05(4) and (5), and 494.04; as 
published in the Wisconsin Register July 2016, No. 727, effective 
August 1, 2016.

[FR Doc. 2018-23244 Filed 10-24-18; 8:45 am]
 BILLING CODE 6560-50-P

53816 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations

contacted on VHF–FM Channel 16 or by DATES: This final rule is effective on 420.02(39), NR 420.03(4)(b)3, NR
telephone at (412) 221–0807. November 26, 2018. 420.04(1)(b)4, and NR 420.04(3)(c)1.
(3) Persons and vessels permitted to ADDRESSES: EPA has established a EPA is also approving the withdrawal
enter this safety zone must transit at docket for this action under Docket ID of several remaining provisions from the
their slowest safe speed and comply No. EPA–R05–OAR–2017–0279. All Wisconsin SIP that are related to the
with all lawful instructions of the COTP documents in the docket are listed in Stage II vapor recovery program that
or a designated representative. the http://www.regulations.gov website. was terminated by Wisconsin in 2012.
(e) Informational broadcasts. The Although listed in the index, some Wisconsin originally submitted a SIP
COTP or a designated representative information is not publicly available, revision to EPA on November 18, 1992,
will inform the public of the e.g., Confidential Business Information to satisfy the requirement of section
enforcement period for the safety zone or other information whose disclosure is 182(b)(3) of the CAA. The revision
as well as any changes in the schedule restricted by statute. Certain other applied to Kenosha, Kewanee,
through Broadcast Notices to Mariners material, such as copyrighted material, Manitowoc, Milwaukee, Ozaukee,
(BNMs), Local Notices to Mariners is not placed on the internet and will be Racine, Sheboygan, Washington and
(LNMs), and/or Marine Safety publicly available only in hard copy Waukesha counties, and was
Information Bulletins (MSIBs) as form. Publicly available docket incorporated into the WDNR’s 1993–94
appropriate. materials are available either through ozone 15% Control Plan. EPA fully
Dated: October 19, 2018. http://www.regulations.gov, or please approved Wisconsin’s Stage II program
A.W. Demo, contact the person identified in the FOR on August 13, 1993 (53 FR 43080),
Commander, U.S. Coast Guard, Captain of FURTHER INFORMATION CONTACT section
including the program’s legal authority
the Port Marine Safety Unit Pittsburgh. for additional availability information. and administrative requirements found
in Section 285.31 of the Wisconsin
[FR Doc. 2018–23301 Filed 10–24–18; 8:45 am] FOR FURTHER INFORMATION CONTACT:
Statutes and Chapter NR 420.045 of the
BILLING CODE 9110–04–P Francisco J. Acevedo, Mobile Source
Wisconsin Administrative Code.
Program Manager, Control Strategies On November 12, 2012, WDNR
Section, Air Programs Branch (AR 18J), submitted a SIP revision requesting the
ENVIRONMENTAL PROTECTION Environmental Protection Agency, removal of Stage II requirements under
AGENCY Region 5, 77 West Jackson Boulevard, NR 420.045 of the Wisconsin
Chicago, Illinois 60604, (312) 886–6061, Administrative Code from the
40 CFR Part 52 acevedo.francisco@epa.gov. Wisconsin SIP. To support the removal
[EPA–R05–OAR–2017–0279; FRL–9985–30– SUPPLEMENTARY INFORMATION: of the Stage II requirements, the revision
Region 5] Throughout this document, wherever included a section 110(l) demonstration
‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, we mean addressing the emissions impacts
Approval and Promulgation of Air EPA. associated with the removal of the
Quality Implementation Plans;
I. What is being addressed by this program. On November 4, 2013 (78 FR
Wisconsin; VOC Definition Update and
document? 65875), EPA approved the removal of
Removal of Obsolete Gasoline Vapor
the Stage II requirements under NR
Recovery Regulations On May 25, 2018, at 83 FR 24267, 420.045 of the Wisconsin
AGENCY: Environmental Protection EPA proposed to approve a revision to Administrative Code from the
Agency (EPA). the Wisconsin SIP that updates the Wisconsin SIP. In this action EPA
definition of VOC at Wisconsin approves the removal of the residual
ACTION: Final rule.
Administrative Code Chapter NR Stage II provisions that remained in
SUMMARY: The Environmental Protection 400.02(162) to add the following place after the program was
Agency (EPA) is approving a request compounds to the list of exclusions at decommissioned. These provisions are
submitted by the Wisconsin Department NR 400.02(162): Trans-1,3,3,3- NR 420.02(8m), 420.02(26), 420.02(32),
of Natural Resources (WDNR) on May tetrafluoropropene (HFO-1234ze), 420.02(38m), NR 425.035, NR
16, 2017, to revise the Wisconsin State HCF2OCF2H (HFE-134), 439.06(3)(i), NR 484.05(4), NR 484.05(5),
Implementation Plan (SIP). The HCF2OCF2OCF2H (HFE-236cal2), and NR 494.04.
submission includes amendments to the HCF2OCF2CF2OCF2H (HFE-338pcc13),
Wisconsin Administrative Code HCF2OCF2OCF2CF2OCF2H (H-Galaden II. What comments did we receive on
updating the definition of ‘‘volatile 1040X or H-Galden ZT 130 (or 150 or the proposed SIP revision?
organic compound (VOC)’’ to add eight 180), Trans-1-chloro-3,3,3-triflouroprop- Our May 25, 2018 proposed rule
compounds to the list of exempt 1-ene (SolsticeTM 1233zd(E)), 2,3,3,3- provided a 30-day review and comment
compounds. In addition, WDNR is also tetraflouropropene (HFO-1234yf), and 2- period. The comment period closed on
requesting the withdrawal of several amino-2-methyl-1-propanol (AMP; CAS June 25, 2018. EPA received one
previously approved provisions of the number 124–68–5). Wisconsin took this comment during the public comment
Wisconsin Administrative Code from action based on EPA’s 2012, 2013, and period, but the comment was
the SIP concerning the State’s Stage II 2014 rulemakings in which EPA completely outside of the scope of this
vapor recovery (Stage II) program that determined that these compounds have approval and, therefore, is not being
terminated in 2012. EPA approved the a negligible contribution to tropospheric addressed as part of this final action.
removal of the Stage II program as a ozone formation and thus should be
component of the Wisconsin SIP in excluded from the definition of VOC III. What action is EPA taking?
2013, including the approval of a codified at 40 CFR 51.100(s). See 77 FR EPA is approving the revision to the
daltland on DSKBBV9HB2PROD with RULES

demonstration under section 110(l) of 37610 (June 22, 2012); 78 FR 9823 Wisconsin SIP submitted by WDNR on
the Clean Air Act (CAA) that addressed (February 12, 2013); 78 FR 62451 May 16, 2017, because the revision is
emissions impacts associated with the (October 22, 2013); 78 FR 53029 (August consistent with EPA’s prior actions
removal of the program. EPA proposed 28, 2013); and 79 FR 17037 (March 27, revising the definition of VOC. In
to approve the State’s submittal on May 2014). This action also approves minor addition, the removal of remaining
25, 2018. stylistic edits for clarity in NR Stage II program provisions from the SIP

VerDate Sep<11>2014 15:53 Oct 24, 2018 Jkt 247001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\25OCR1.SGM 25OCR1

Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations 53817

meets all applicable requirements, and safety risks subject to Executive Order reference, Intergovernmental relations,
will not interfere with reasonable 13045 (62 FR 19885, April 23, 1997); Nitrogen oxides, Ozone, Volatile organic
further progress or attainment of any of • Is not a significant regulatory action compounds.
the national ambient air quality subject to Executive Order 13211 (66 FR Dated: September 19, 2018.
standards. 28355, May 22, 2001);
Cathy Stepp,
• Is not subject to requirements of
IV. Incorporation by Reference Section 12(d) of the National Regional Administrator, Region 5.
In this document, EPA is finalizing Technology Transfer and Advancement 40 CFR part 52 is amended as follows:
regulatory text that includes Act of 1995 (15 U.S.C. 272 note) because
incorporation by reference. In application of those requirements would PART 52—APPROVAL AND
accordance with requirements of 1 CFR be inconsistent with the CAA; and PROMULGATION OF
51.5, EPA is finalizing the incorporation • Does not provide EPA with the IMPLEMENTATION PLANS
by reference of the Wisconsin discretionary authority to address, as
Regulations described in the appropriate, disproportionate human ■ 1. The authority citation for part 52
amendments to 40 CFR part 52 set forth health or environmental effects, using continues to read as follows:
below. EPA has made, and will continue practicable and legally permissible Authority: 42 U.S.C. 7401 et seq.
to make, these documents generally methods, under Executive Order 12898
available through www.regulations.gov (59 FR 7629, February 16, 1994). ■ 2. Section 52.2570 is amended by
and at the EPA Region 5 Office (please In addition, the SIP is not approved revising paragraphs (c)(69)(i)(A) through
contact the person identified in the FOR to apply on any Indian reservation land (C), (c)(69)(i)(E), (c)(73)(i)(C), and
FURTHER INFORMATION CONTACT section of or in any other area where EPA or an (c)(73)(i)(H) through (J), and by adding
this preamble for more information). Indian tribe has demonstrated that a paragraph (c)(138) to read as follows:
tribe has jurisdiction. In those areas of
V. Statutory and Executive Order Indian country, the rule does not have § 52.2570 Identification of plan.
Reviews tribal implications and will not impose * * * * *
Under the CAA, the Administrator is substantial direct costs on tribal (c) * * *
required to approve a SIP submission governments or preempt tribal law as (69) * * *
that complies with the provisions of the specified by Executive Order 13175 (65 (i) * * *
CAA and applicable Federal regulations. FR 67249, November 9, 2000). (A) Wisconsin Administrative Code,
42 U.S.C. 7410(k); 40 CFR 52.02(a). The Congressional Review Act, 5
Chapter NR 420 Control of Organic
Thus, in reviewing SIP submissions, U.S.C. 801 et seq., as added by the Small
Compound Emissions from Petroleum
EPA’s role is to approve state choices, Business Regulatory Enforcement
and Gasoline Sources; Section 420.02
provided that they meet the criteria of Fairness Act of 1996, generally provides
Definitions, Sections NR 420.02(8m),
the CAA. Accordingly, this action that before a rule may take effect, the
(24m), (32m), (38m), (39m); Section NR
merely approves state law as meeting agency promulgating the rule must
420.045 Motor Vehicle Refueling;
Federal requirements and does not submit a rule report, which includes a
published in Wisc. Admin. Code in
impose additional requirements beyond copy of the rule, to each House of the
January 1993, and took effect on
those imposed by state law. For that Congress and to the Comptroller General
February 1, 1993. Section NR 420.045
reason, this action: of the United States. EPA will submit a
was rescinded in 2013 and is removed
• Is not a significant regulatory action report containing this action and other
without replacement; see paragraph
subject to review by the Office of required information to the U.S. Senate,
(c)(129) of this section. Sections NR
Management and Budget under the U.S. House of Representatives, and
420.02(8m) and NR 420.02(38m) were
Executive Orders 12866 (58 FR 51735, the Comptroller General of the United
rescinded in 2016 and are removed
October 4, 1993) and 13563 (76 FR 3821, States prior to publication of the rule in
without replacement; see paragraph
January 21, 2011); the Federal Register. A major rule
(c)(138) of this section.
• Is not an Executive Order 13771 (82 cannot take effect until 60 days after it
FR 9339, February 2, 2017) regulatory is published in the Federal Register. (B) Wisconsin Administrative Code,
action because SIP approvals are This action is not a ‘‘major rule’’ as Chapter NR 425 Compliance Schedules,
exempted under Executive Order 12866; defined by 5 U.S.C. 804(2). Exceptions, Registration and Deferrals
• Does not impose an information Under section 307(b)(1) of the CAA, for Organic Compound Emissions
collection burden under the provisions petitions for judicial review of this Sources in Chapters 419 to 424; Section
of the Paperwork Reduction Act (44 action must be filed in the United States 425.035 Throughput Reporting and
U.S.C. 3501 et seq.); Court of Appeals for the appropriate Compliance Schedules for Motor
• Is certified as not having a circuit by December 24, 2018. Filing a Vehicle Refueling; published in Wisc.
significant economic impact on a petition for reconsideration by the Admin. Code in January 1993, and took
substantial number of small entities Administrator of this final rule does not effect on February 1, 1993. Section NR
under the Regulatory Flexibility Act (5 affect the finality of this action for the 425.035 was rescinded in 2016 and is
U.S.C. 601 et seq.); purposes of judicial review nor does it removed without replacement; see
• Does not contain any unfunded extend the time within which a petition paragraph (c)(138) of this section.
mandate or significantly or uniquely for judicial review may be filed, and (C) Wisconsin Administrative Code,
affect small governments, as described shall not postpone the effectiveness of Chapter NR 439 Reporting,
in the Unfunded Mandates Reform Act such rule or action. This action may not Recordkeeping, Testing, Inspection and
Determination of Compliance
daltland on DSKBBV9HB2PROD with RULES

of 1995 (Pub. L. 104–4); be challenged later in proceedings to
• Does not have Federalism enforce its requirements. (See section Requirements; Section NR 439.06(3)(c);
implications as specified in Executive 307(b)(2).) Section NR 439.06(3)(i); published in
Order 13132 (64 FR 43255, August 10, the Wisc. Admin. Code in January 1993,
1999); List of Subjects in 40 CFR Part 52 and took effect on February 1, 1993.
• Is not an economically significant Environmental protection, Air Section NR 439.06(3)(i) was rescinded
regulatory action based on health or pollution control, Incorporation by in 2016 and is removed without

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Document Created: 2018-10-25 01:45:08
Document Modified: 2018-10-25 01:45:08

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 November 26, 2018.
Contact		Francisco J. Acevedo, Mobile Source Program Manager, Control Strategies Section, Air Programs Branch (AR 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061, [email protected]
FR Citation		83 FR 53816
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Ozone and Volatile Organic Compounds