[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Rules and Regulations]
[Pages 46882-46884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
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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, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
II. 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]
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