[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Proposed Rules]
[Pages 8460-8465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03404]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR part 52
[EPA-R05-OAR-2015-0529; FRL-9942-57-Region 5]
Air Plan Approval; Wisconsin; Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve some elements of a state implementation plan (SIP) submission
from Wisconsin regarding the infrastructure requirements of section 110
of the Clean Air Act (CAA) for the 2012 fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS). The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA.
DATES: Comments must be received on or before March 21, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0529 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
[[Page 8461]]
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: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6832,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background of this SIP submission?
II. What guidance is EPA using to evaluate this SIP submission?
III. What is the result of EPA's review of this SIP submission?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. What is the background of this SIP submission?
A. What state SIP submission does this rulemaking address?
This rulemaking addresses a submission from the Wisconsin
Department of Natural Resources (WDNR). The state submitted its
infrastructure SIP for the 2012 PM2.5 \1\ NAAQS on July 13,
2015.
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\1\ PM2.5 refers to particles with an aerodynamic
diameter of less than or equal to 2.5 micrometers, oftentimes
referred to as ``fine'' particles.
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B. Why did the state make this SIP submission?
Under section 110(a)(1) and (2) of the CAA, states are required to
submit infrastructure SIPs to ensure that their SIPs provide for
implementation, maintenance and enforcement of the NAAQS, including the
2012 PM2.5 NAAQS. This submission must contain any revisions
needed for meeting the applicable SIP requirements of section
110(a)(2), or certifications that their existing SIPs for the NAAQS
already meet those requirements.
EPA highlighted this statutory requirement in an October 2, 2007,
guidance document entitled ``Guidance on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards'' (2007
Guidance) and has issued additional guidance documents, the most recent
on September 13, 2013, entitled ``Guidance on Infrastructure State
Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and
110(a)(2)'' (2013 Guidance). The SIP submission referenced in this
rulemaking pertains to the applicable requirements of section 110(a)(1)
and (2), and addresses the 2012 PM2.5 NAAQS.
C. What is the scope of this rulemaking?
EPA is acting upon the SIP submission from Wisconsin that addresses
the infrastructure requirements of CAA section 110(a)(1) and (2) for
the 2012 PM2.5 NAAQS. The requirement for states to make SIP
submissions of this type arises out of CAA section 110(a)(1). States
must make SIP submissions ``within 3 years (or such shorter period as
the Administrator may prescribe) after the promulgation of a national
primary ambient air quality standard (or any revision thereof),'' and
these SIP submissions are to provide for the ``implementation,
maintenance, and enforcement'' of such NAAQS. The statute directly
imposes on states the duty to make these SIP submissions, and the
requirement to make the submissions is not conditioned upon EPA's
taking any action other than promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of specific elements that ``[e]ach
such plan'' submission must address.
EPA has historically referred to these SIP submissions made for the
purpose of satisfying the requirements of CAA section 110(a)(1) and (2)
as ``infrastructure SIP'' submissions. Although the term
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to
distinguish this particular type of SIP submission from submissions
that are intended to satisfy other SIP requirements under the CAA, such
as SIP submissions that address the nonattainment planning requirements
of part D and the Prevention of Significant Deterioration (PSD)
requirements of part C of title I of the CAA, and ``regional haze SIP''
submissions required to address the visibility protection requirements
of CAA section 169A.
This rulemaking will not cover three substantive areas that are not
integral to acting on a state's infrastructure SIP submissions: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction (''SSM'') at sources, that may be
contrary to the CAA and EPA's policies addressing such excess
emissions; (ii) existing provisions related to ``director's variance''
or ``director's discretion'' that purport to permit revisions to SIP-
approved emissions limits with limited public notice or without
requiring further approval by EPA, that may be contrary to the CAA;
and, (iii) existing provisions for PSD programs that may be
inconsistent with current requirements of EPA's ``Final NSR Improvement
Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526
(June 13, 2007) (``NSR Reform''). Instead, EPA has the authority to
address each one of these substantive areas in separate rulemakings. A
detailed history, interpretation, and rationale as they relate to
infrastructure SIP requirements can be found in EPA's May 13, 2014,
proposed rule entitled, ``Approval and Promulgation of Air Quality
Implementation Plans; Illinois, Michigan, Minnesota, Wisconsin;
Infrastructure SIP Requirements for the 2008 Lead NAAQS'' in the
section, ``What is the scope of this rulemaking?'' (see 79 FR 27241 at
27242-27245).
II. What guidance is EPA using to evaluate this SIP submission?
EPA's guidance for this infrastructure SIP submission is embodied
in the 2007 Guidance referenced previously. Specifically, attachment A
of the 2007 Guidance (Required Section 110 SIP Elements) identifies the
statutory elements that states need to submit in order to satisfy the
requirements for an infrastructure SIP submission. As discussed, EPA
issued additional guidance, the most recent being the 2013 Guidance
that further clarifies aspects of infrastructure SIPs that are not
NAAQS specific.
III. What is the result of EPA's review of this SIP submission?
Pursuant to section 110(a), states must provide reasonable notice
and opportunity for public hearing for all infrastructure SIP
submissions. WDNR provided notice of a public comment period on May 19,
2015, held a public hearing at WDNR state Headquarters on June 17,
2015, and closed the public comment period on June 19, 2015. No
comments were received during the WDNR's public comment period.
Wisconsin provided a detailed synopsis of how various components of
its SIP meet each of the applicable requirements in section 110(a)(2)
for the 2012 PM2.5 NAAQS. The following review evaluates the
state's submission.
A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures
This section requires SIPs to include enforceable emission limits
and other control measures, means or techniques, as well as schedules
and timetables for compliance, and other related matters. However, EPA
has long interpreted emission limits and control measures
[[Page 8462]]
for attaining the standards as being due when nonattainment planning
requirements are due.\2\ In the context of an infrastructure SIP, EPA
is not evaluating the existing SIP provisions for this purpose.
Instead, EPA is only evaluating whether the state's SIP has basic
structural provisions for the implementation of the NAAQS.
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\2\ See, e.g., EPA's final rule on ``National Ambient Air
Quality Standards for Lead.'' 73 FR 66964 at 67034.
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Under Wisconsin Statutes (Wis. Stats.) 227 and 285, WDNR holds the
authority to create new rules and implement existing emission limits
and controls. Authority to monitor, update, and implement revisions to
Wisconsin's SIP, including revisions to emission limits and control
measures as necessary to meet NAAQS, is contained in Wis. Stats.
285.11-285.19. Authority related to specific pollutants, including the
establishment of ambient air quality standards and increments,
identification of nonattainment areas, air resource allocations, and
performance and emissions standards, is contained in Wis. Stats.
285.21-285.29.
Specifically, authority for WNDR to create new rules and
regulations is found in Wis. Stats. 227.11, 285.11, and 285.21. Wis.
Stats. 227.11(2)(a) expressly confers rulemaking authority to an
agency. Wis. Stats. 285.11(1) and (6) require that WDNR promulgate
rules and establish control strategies in order to prepare and
implement the SIP for the prevention, abatement, and control of air
pollution in Wisconsin.
The 2013 Guidance states that to satisfy section 110(a)(2)(A)
requirements, ``an air agency's submission should identify existing
EPA-approved SIP provisions or new SIP provisions that the air agency
has adopted and submitted for EPA approval that limit emissions of
pollutants relevant to the subject NAAQS, including precursors of the
relevant NAAQS pollutant where applicable.'' The following current
Wisconsin Administrative Code Chapters Natural Resources (NR) contain
existing emission limits and control requirements that apply to
particulate emissions:
Chapter NR 415, Wis. Adm. Code--Control of Particulate Emissions
Chapter NR 431, Wis. Adm. Code--Control of Visible Emissions
These regulations can be applied to the 2012 PM2.5 NAAQS.
On January 1, 2015, EPA began implementing the Cross-State Air
Pollution Rule (CSAPR). Wisconsin is subject to CSAPR's requirements
regarding annual oxides of nitrogen (NOX) and SO2
power plant emissions, which are intended to address transport of
PM2.5 to downwind states. EPA and WDNR expect that CSAPR
will result in reduced NOX and SO2 emissions from
Wisconsin's power plants, which will assist Wisconsin's efforts to
attain and maintain the 2012 PM2.5 NAAQS.
In this rulemaking, EPA is not proposing to approve any new
provisions in NR 415 or NR 431 that have not been previously approved
by EPA. EPA is also not proposing to approve or disapprove any existing
state provisions or rules related to start-up, shutdown or malfunction
or director's discretion in the context of section 110(a)(2)(A). EPA
proposes that Wisconsin has met the infrastructure SIP requirements of
section 110(a)(2)(A) with respect to the 2012 PM2.5 NAAQS.
B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System
This section requires SIPs to include provisions to provide for
establishing and operating ambient air quality monitors, collecting and
analyzing ambient air quality data, and making these data available to
EPA upon request. This review of the annual monitoring plan includes
EPA's determination that the state: (i) Monitors air quality at
appropriate locations throughout the state using EPA-approved Federal
Reference Methods or Federal Equivalent Method monitors; (ii) submits
data to EPA's Air Quality System (AQS) in a timely manner; and, (iii)
provides EPA Regional Offices with prior notification of any planned
changes to monitoring sites or the network plan.
WDNR continues to operate an extensive air monitoring network,
which is used to determine compliance with the NAAQS. Furthermore, WDNR
submits yearly monitoring network plans to EPA, and EPA approved WDNR's
Annual Air Monitoring Network Plan on October 31, 2014. Monitoring data
from WDNR are entered into EPA's AQS in a timely manner, and the state
provides EPA with prior notification when changes to its monitoring
network or plan are being considered. EPA proposes that Wisconsin has
met the infrastructure SIP requirements of section 110(a)(2)(B) with
respect to the 2012 PM2.5 NAAQS.
C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures;
PSD
This section requires each state to provide a program for
enforcement of control measures. Section 110(a)(2)(C) also includes
various requirements relating to PSD.
1. Program for enforcement of control measures.
States are required to include a program providing for enforcement
of all SIP measures and the regulation of construction of new or
modified stationary sources to meet new source review (NSR)
requirements under PSD and nonattainment new source review (NNSR)
programs. Part C of the CAA (sections 160-169B) addresses PSD, while
part D of the CAA (sections 171-193) addresses NNSR requirements.
WDNR maintains an enforcement program to ensure compliance with SIP
requirements. The Bureau of Air Management houses an active statewide
compliance and enforcement team that works in all geographic regions of
the state. WDNR refers actions as necessary to the Wisconsin Department
of Justice with the involvement of WDNR. Under Wis. Stats. 285.13, WDNR
has the authority to impose fees and penalties to ensure that required
measures are ultimately implemented. Wis. Stats. 285.83 and Wis. Stats.
285.87 provide WDNR with the authority to enforce violations and assess
penalties. EPA proposes that Wisconsin has met the enforcement of SIP
measures requirements of section 110(a)(2)(C) with respect to the 2012
PM2.5 NAAQS.
2. PSD.
Section 110(a)(2)(C) includes various PSD requirements:
identification of NOX as a precursor to ozone provisions in
the PSD program, identification of precursors to PM2.5 and
the identification of PM2.5 and PM10 \3\
condensables in the PSD program, PM2.5 increments in the PSD
program, and greenhouse gas (GHG) permitting and the ``Tailoring
Rule.'' \4\ In this rulemaking, we are not taking action on the state's
satisfaction of the various PSD permitting requirements. Instead, EPA
will evaluate Wisconsin's compliance with each of these requirements in
a separate rulemaking.
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\3\ PM10 refers to particles with an aerodynamic
diameter of less than or equal to 10 micrometers.
\4\ In EPA's April 28, 2011, proposed rulemaking for
infrastructure SIPs for the 1997 ozone and PM2.5 NAAQS,
we stated that each state's PSD program must meet applicable
requirements for evaluation of all regulated NSR pollutants in PSD
permits (see 76 FR 23757 at 23760). This view was reiterated in
EPA's August 2, 2012, proposed rulemaking for infrastructure SIPs
for the 2006 PM2.5 NAAQS (see 77 FR 45992 at 45998). In
other words, if a state lacks provisions needed to adequately
address NOX as a precursor to ozone, PM2.5
precursors, PM2.5 and PM10 condensables,
PM2.5 increments, or the Federal GHG permitting
thresholds, the provisions of section 110(a)(2)(C) requiring a
suitable PSD permitting program must be considered not to have been
met irrespective of the NAAQS that triggered the requirement to
submit an infrastructure SIP.
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[[Page 8463]]
D. Section 110(a)(2)(D)--Interstate Transport; Pollution Abatement
Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from contributing significantly to nonattainment, or interfering with
maintenance, of the NAAQS in another state. Section 110(a)(2)(D)(i)(II)
requires SIPs to include provisions prohibiting any source or other
type of emissions activity in one state from interfering with measures
required to prevent significant deterioration of air quality or to
protect visibility in another state.
1. Interstate transport--significant contribution.
In this rulemaking, EPA is not evaluating section
110(a)(2)(D)(i)(I) requirements relating to significant contribution to
transport for the 2012 PM2.5 NAAQS. Instead, EPA will
evaluate these requirements in a separate rulemaking.
2. Interstate transport--interfere with maintenance.
In this rulemaking, EPA is not evaluating section
110(a)(2)(D)(i)(I) requirements relating to interference with
maintenance for the 2012 PM2.5 NAAQS. Instead, EPA will
evaluate these requirements in a separate rulemaking.
3. Interstate transport--prevention of significant deterioration.
Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions
prohibiting interference with PSD. In this rulemaking, we are not
taking action on the state's satisfaction of PSD requirements. Instead,
EPA will evaluate Wisconsin's compliance with PSD requirements in
separate rulemakings.
4. Interstate transport--protect visibility.
With regard to the applicable requirements for visibility
protection of section 110(a)(2)(D)(i)(II), states are subject to
visibility and regional haze program requirements under part C of the
CAA (which includes sections 169A and 169B). The 2013 Guidance states
that these requirements can be satisfied by an approved SIP addressing
reasonably attributable visibility impairment, if required, or an
approved SIP addressing regional haze.
On August 7, 2012, EPA published its final approval of Wisconsin's
regional haze plan (see 77 FR 46952). Therefore, EPA is proposing that
Wisconsin has met the visibility protection requirements of section
110(a)(2)(D)(i)(II) for the 2012 PM2.5 NAAQS.
5. Interstate and international pollution abatement.
Section 110(a)(2)(D)(ii) requires each SIP to contain adequate
provisions requiring compliance with the applicable requirements of
section 126 and section 115 of the CAA (relating to interstate and
international pollution abatement, respectively).
Section 126(a) requires new or modified sources to notify
neighboring states of potential impacts from the source. The statute
does not specify the method by which the source should provide the
notification. States with SIP-approved PSD programs must have a
provision requiring such notification by new or modified sources. A
lack of such a requirement in state rules would be grounds for
disapproval of this element.
Wisconsin has provisions in the EPA-approved portion of its PSD
program requiring new or modified sources to notify neighboring states
of potential negative air quality impacts. Wisconsin's submission
references these provisions as being adequate to meet the requirements
of section 126(a). Wisconsin has no pending obligations under section
115. Therefore, EPA is proposing that Wisconsin has met all applicable
infrastructure SIP requirements of section 110(a)(2)(D)(ii) with
respect to the 2012 PM2.5 NAAQS.
E. Section 110(a)(2)(E)--Adequate Authority and Resources
This section requires each state to provide for adequate personnel,
funding, and legal authority under state law to carry out its SIP, and
related issues. Section 110(a)(2)(E)(ii) also requires each state to
comply with the requirements respecting state boards under section 128.
1. Adequate resources.
Wisconsin's biennial budget ensures that EPA grant funds as well as
state funding appropriations are sufficient to administer its air
quality management program, and WDNR has routinely demonstrated that it
retains adequate personnel to administer its air quality management
program. Wisconsin's Environmental Performance Partnership Agreement
with EPA documents certain funding and personnel levels at WDNR. As
discussed in previous sections, basic duties and authorities in the
state are outlined in Wis. Stats. 285.11. EPA proposes that Wisconsin
has met the infrastructure SIP requirements of this portion of section
110(a)(2)(E) with respect to the 2012 PM2.5 NAAQS.
2. State board requirements.
Section 110(a)(2)(E) also requires each SIP to contain provisions
that comply with the state board requirements of section 128 of the
CAA. That provision contains two explicit requirements: (i) That any
board or body which approves permits or enforcement orders under this
chapter shall have at least a majority of members who represent the
public interest and do not derive any significant portion of their
income from persons subject to permits and enforcement orders under
this chapter, and (ii) that any potential conflicts of interest by
members of such board or body or the head of an executive agency with
similar powers be adequately disclosed.
On July 2, 2015, WDNR submitted rules from Wis. Stats. for
incorporation into the SIP, pursuant to section 128 of the CAA.
Wisconsin maintains a state board, called the Wisconsin Natural
Resources Board (NRB). However, the NRB's functions are purely
regulatory, advisory, and policy-making. Under Wis. Stats. 15.05, the
administrative powers and duties of the WDNR, including issuance of
permits and enforcement orders, are vested in the secretary. Under the
statutes that govern its operations, the NRB does not and cannot
approve permits or enforcement orders. Therefore, Wisconsin has no
further obligations under section 128(a)(1) of the CAA.
Under section 128(a)(2) of the CAA, the head of the executive
agency with the power to approve permits or enforcement orders must
adequately disclose any potential conflicts of interest. In Wisconsin,
this power is vested in the Secretary of the WDNR. Wis. Stats. 19.45(2)
prevents financial gain of any public official, which addresses the
issue of deriving any significant portion of income from persons
subject to permits and enforcement orders. Additionally, Wis. Stats.
19.46 prevents a public official from taking actions where there is a
conflict of interest. As a public official under Wis. Stats. 19, the
Secretary of the WDNR is subject to these ethical obligations. EPA
concludes that WDNR's submission as it relates to the state board
requirements under section 128 is consistent with applicable CAA
requirements. EPA approved these rules on Thursday, January 21, 2016
(81 FR 3334). Therefore, EPA is proposing that Wisconsin has satisfied
the applicable infrastructure SIP requirements for this section of
110(a)(2)(E) for the 2012 PM2.5 NAAQS.
F. Section 110(a)(2)(F)--Stationary Source Monitoring System
States must establish a system to monitor emissions from stationary
sources and submit periodic emissions reports. Each plan shall also
require the installation, maintenance, and replacement of equipment,
and the
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implementation of other necessary steps, by owners or operators of
stationary sources to monitor emissions from such sources. The state
plan shall also require periodic reports on the nature and amounts of
emissions and emissions-related data from such sources, and correlation
of such reports by each state agency with any emission limitations or
standards established pursuant to this chapter. Lastly, the reports
shall be available at reasonable times for public inspection.
WDNR requires regulated sources to submit various reports,
dependent on applicable requirements and the type of permit issued, to
the Bureau of Air Management Compliance Team. The frequency and
requirements for report review are incorporated as part of NR 438 and
NR 439. Additionally, WDNR routinely submits quality-assured analyses
and data obtained from its stationary source monitoring system for
review and publication by EPA. Basic authority for Wisconsin's
Federally mandated Compliance Assurance Monitoring reporting structure
is provided in Wis. Stats. 285.65. EPA proposes that Wisconsin has met
the infrastructure SIP requirements of section 110(a)(2)(F) with
respect to the 2012 PM2.5 NAAQS.
G. Section 110(a)(2)(G)--Emergency Power
This section requires that a plan provide for authority that is
analogous to what is provided in section 303 of the CAA, and adequate
contingency plans to implement such authority. The 2013 Guidance states
that infrastructure SIP submissions should specify authority, rested in
an appropriate official, to restrain any source from causing or
contributing to emissions which present an imminent and substantial
endangerment to public health or welfare, or the environment.
Wis. Stats. 285.85 requires WDNR to act upon a finding that an
emergency episode or condition exists. The language contained in this
chapter authorizes WDNR to seek immediate injunctive relief in
circumstances of substantial danger to the environment or to public
health. EPA proposes that Wisconsin has met the applicable
infrastructure SIP requirements for this portion of section
110(a)(2)(G) with respect to the 2012 PM2.5 NAAQS.
H. Section 110(a)(2)(H)--Future SIP Revisions
This section requires states to have the authority to revise their
SIPs in response to changes in the NAAQS, availability of improved
methods for attaining the NAAQS, or an EPA finding that the SIP is
substantially inadequate.
Wis. Stats. 285.11(6) provides WDNR with the authority to develop
all rules, limits, and regulations necessary to meet the NAAQS as they
evolve, and to respond to any EPA findings of inadequacy with the
overall Wisconsin SIP and air management programs. EPA proposes that
Wisconsin has met the infrastructure SIP requirements of section
110(a)(2)(H) with respect to the 2012 PM2.5 NAAQS.
I. Section 110(a)(2)(I)--Nonattainment Planning Requirements of Part D
The CAA requires that each plan or plan revision for an area
designated as a nonattainment area meet the applicable requirements of
part D of the CAA. Part D relates to nonattainment areas.
EPA has determined that section 110(a)(2)(I) is not applicable to
the infrastructure SIP process. Instead, EPA takes action on part D
attainment plans through separate processes.
J. Section 110(a)(2)(J)--Consultation With Government Officials; Public
Notification; PSD; Visibility Protection
The evaluation of the submission from Wisconsin with respect to the
requirements of section 110(a)(2)(J) are described below.
1. Consultation with government officials.
States must provide a process for consultation with local
governments and Federal Land Managers carrying out NAAQS implementation
requirements.
Wis. Stats. 285.13(5) contains the provisions for WDNR to advise,
consult, contract, and cooperate with other agencies of the state and
local governments, industries, other states, interstate or inter-local
agencies, the Federal government, and interested persons or groups
during the entire process of SIP revision development and
implementation and for other elements regarding air management for
which WDNR is the officially charged agency. WDNR's Bureau of Air
Management has effectively used formal stakeholder structures in the
development and refinement of all SIP revisions. Additionally,
Wisconsin is an active member of the Lake Michigan Air Directors
Consortium (LADCO), which provides technical assessments and a forum
for discussion regarding air quality issues to member states. EPA
proposes that Wisconsin has satisfied the infrastructure SIP
requirements of this portion of section 110(a)(2)(J) with respect to
the 2012 PM2.5 NAAQS.
2. Public notification.
Section 110(a)(2)(J) also requires states to notify the public if
NAAQS are exceeded in an area and to enhance public awareness of
measures that can be taken to prevent exceedances of the NAAQS. WDNR
maintains portions of its Web site specifically for issues related to
the 2012 PM2.5 NAAQS.\5\ Information related to monitoring
sites is found on Wisconsin's Web site, as is the calendar for all
public events and public hearings held in the state. EPA proposes that
Wisconsin has met the infrastructure SIP requirements of this portion
of section 110(a)(2)(J) with respect to the 2012 PM2.5
NAAQS.
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\5\ http://dnr.wi.gov/topic/AirQuality/Particles.html.
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3. PSD.
States must meet applicable requirements of section 110(a)(2)(C)
related to PSD. Wisconsin's PSD program in the context of
infrastructure SIPs has already been discussed in the paragraphs
addressing section 110(a)(2)(C) and (a)(2)(D)(i)(II). EPA will evaluate
Wisconsin's compliance with the various PSD and GHG infrastructure SIP
requirements of section 110(a)(2)(J) in a separate rulemaking.
4. Visibility protection.
With regard to the applicable requirements for visibility
protection, states are subject to visibility and regional haze program
requirements under part C of the CAA (which includes sections 169A and
169B). In the event of the establishment of a new NAAQS, the visibility
and regional haze program requirements under part C do not change.
Thus, we find that there is no new visibility obligation ``triggered''
under section 110(a)(2)(J) when a new NAAQS becomes effective. However,
as EPA discussed in section D, Wisconsin has a fully approved regional
haze plan. This plan also meets the visibility requirements of section
110(a)(2)(J). EPA proposes that Wisconsin has satisfied the
infrastructure SIP requirements of this portion of section 110(a)(2)(J)
with respect to the 2012 PM2.5 NAAQS.
K. Section 110(a)(2)(K)--Air Quality Modeling/Data
SIPs must provide for the performance of air quality modeling for
predicting effects on air quality of emissions from any NAAQS pollutant
and the submission of such data to EPA upon request.
WDNR maintains the capability to perform computer modeling of the
air quality impacts of emissions of all criteria pollutants, including
both source-oriented dispersion models and more regionally directed
complex photochemical grid models. WDNR
[[Page 8465]]
collaborates with LADCO, EPA, and other Lake Michigan states in order
to perform modeling. Wis. Stats. 285.11, Wis. Stats. 285.13, and Wis.
Stats. 285.60-285.69 authorize WDNR to perform modeling. EPA proposes
that Wisconsin has met the infrastructure SIP requirements of section
110(a)(2)(K) with respect to the 2012 PM2.5 NAAQS.
L. Section 110(a)(2)(L)--Permitting Fees
This section requires SIPs to mandate each major stationary source
to pay permitting fees to cover the cost of reviewing, approving,
implementing, and enforcing a permit.
WDNR implements and operates the title V permit program, which EPA
approved on December 4, 2001 (66 FR 62951). EPA approved revisions to
the program on February 28, 2006 (71 FR 9934). NR 410 contains the
provisions, requirements, and structures associated with the costs for
reviewing, approving, implementing, and enforcing various types of
permits. EPA proposes that Wisconsin has met the infrastructure SIP
requirements of section 110(a)(2)(L) for the 2012 PM2.5
NAAQS.
M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local
Entities
States must consult with and allow participation from local
political subdivisions affected by the SIP.
In addition to the measures outlined in the paragraph addressing
WDNR's submittals regarding consultation requirements of section
110(a)(2)(J), as contained in Wis. Stats. 285.13(5), the state follows
a formal public hearing process in the development and adoption of all
SIP revisions that entail new or revised control programs or strategies
and targets. For SIP revisions covering more than one source, WDNR is
required to provide the standing committees of the state legislature
with jurisdiction over environmental matters with a 60-day review
period to ensure that local entities have been properly engaged in the
development process. EPA proposes that Wisconsin has met the
infrastructure SIP requirements of section 110(a)(2)(M) with respect to
the 2012 PM2.5 NAAQS.
IV. What action is EPA taking?
EPA is proposing to approve most elements of the submission from
Wisconsin certifying that its current SIP is sufficient to meet the
required infrastructure elements under section 110(a)(1) and (2) for
the 2012 PM2.5 NAAQS.
EPA's proposed actions for the state's satisfaction of
infrastructure SIP requirements, by element of section 110(a)(2) and
NAAQS, are contained in the table below.
------------------------------------------------------------------------
Element 2012 PM2.5
------------------------------------------------------------------------
(A)--Emission limits and other control A
measures.
(B)--Ambient air quality monitoring/data A
system.
(C)1--Program for enforcement of control A
measures.
(C)2--PSD................................. NA
(D)1--I Prong 1: Interstate transport-- NA
significant contribution.
(D)2--I Prong 2: Interstate transport-- NA
interfere with maintenance.
(D)3--II Prong 3: Interstate transport-- NA
prevention of significant deterioration.
(D)4--II Prong 4: Interstate transport-- A
protect visibility.
(D)5--Interstate and international A
pollution abatement.
(E)1--Adequate resources.................. A
(E)2--State board requirements............ A
(F)--Stationary source monitoring system.. A
(G)--Emergency power...................... A
(H)--Future SIP revisions................. A
(I)--Nonattainment planning requirements NA
of part D.
(J)1--Consultation with government A
officials.
(J)2--Public notification................. A
(J)3--PSD................................. NA
(J)4--Visibility protection............... A
(K)--Air quality modeling/data............ A
(L)--Permitting fees...................... A
(M)--Consultation and participation by A
affected local entities.
------------------------------------------------------------------------
In the above table, the key is as follows:
------------------------------------------------------------------------
A Approve
------------------------------------------------------------------------
NA..................................... No Action/Separate Rulemaking.
------------------------------------------------------------------------
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);
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).
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: February 3, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-03404 Filed 2-18-16; 8:45 am]
BILLING CODE 6560-50-P