62008 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations 

areas or within 50 kilometers of such 

former areas except where an emissions 

unit has received a Best Available 

Retrofit Technology determination or 

the emissions are insignificant enough 

to be exempted under Rule 62– 

296.700(2), F.A.C. The control 

techniques and work practice standards 

found in Rule 62–296.411, F.A.C., to 

control unconfined emissions of 

particulate matter can also be required 

by paragraph 62–296.320(4)(c), F.A.C., 

which prohibits the emission of 

unconfined particulate matter without 

taking reasonable precautions to prevent 

such emissions. 

For the reasons discussed above, EPA 

has determined that removal of the 

sulfur storage and handling facilities 

rules will not interfere with attainment 

or maintenance of the NAAQS in 

surrounding states or interfere with any 

other requirement identified in section 

110(l). On July 1, 2014 (79 FR 37255), 

EPA proposed approval of the Florida 

April 5, 2012, submission. No adverse 

comments were received on this 

proposed action and EPA is hereby 

finalizing approval of the revision. 

II. Final Action 

EPA is taking final action to approve 

Florida’s April 5, 2012, SIP revision to 

remove Rule 62–212.600, F. A. C. and 

Rule 62–296.411, F. A. C., related to 

sulfur storage and handling facilities, 

from the Florida SIP because the Agency 

has determined that this revision is 

consistent with section 110(l) of the 

CAA. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

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 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 final action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 (Public Law 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). 

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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

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 15, 2014. 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, 

Particulate matter, Reporting and 

recordkeeping requirements and Sulfur 

oxides. 

Dated: September 25, 2014. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart K—Florida 

■ 2. Section 52.520(c) is amended by 

removing the entries for ‘‘62–212.600’’ 

under Chapter 62–212 Stationary 

Sources—Preconstruction Review and 

‘‘62–296.411’’ under Chapter 62–296 

Stationary Sources—Emission 

Standards. 

[FR Doc. 2014–24005 Filed 10–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0242; FRL–9916–27– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Approval of Revision to 

PSD Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the Wisconsin 

State Implementation Plan (SIP) 

submitted by the Wisconsin Department 

of Natural Resources (WDNR) to EPA on 

March 12, 2014, for parallel processing. 

On August 11, 2014, WDNR submitted 

an updated submittal with the final 

rules. The submittal modifies 


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Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations 62009 

Wisconsin’s Prevention of Significant 

Deterioration (PSD) program to identify 

precursors for particulate matter of less 

than 2.5 micrometers (PM2.5), includes 

the significant emissions rates for PM2.5

and emissions of particulate matter of 

less than 10 micrometers (PM10), and 

modifies the definition of PM2.5 and 

PM10 to include emissions that may 

condense to form particulate matter in 

permitting decisions. WDNR requested 

this revision to address disapprovals of 

two submissions meant to address 

requirements of the 2008 

Implementation of the New Source 

Review (NSR) Program for PM2.5 and to 

address a partial disapproval under 

section 110 of the Clean Air Act (CAA) 

of what is commonly referred to as an 

‘‘infrastructure’’ SIP. EPA is taking final 

action to approve Wisconsin’s August 

11, 2014, final SIP revision because the 

Agency has made the determination that 

this SIP revision is in accordance with 

the CAA and applicable EPA regulations 

regarding PSD. The proposed 

rulemaking was published June 30, 

2014. During the comment period which 

ended July 30, 2014, no comments were 

received. 

DATES: This final rule is effective on 

November 17, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2014–0242. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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 electronically through 

www.regulations.gov or in hard copy 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 Andrea 

Morgan, Environmental Engineer, at 

(312) 353–6058 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Morgan, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6058, 

morgan.andrea@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. What comments were received on the 

proposed rule? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. Background 

This final rulemaking addresses the 

March 12, 2014, WDNR submittal for 

parallel processing, supplemented on 

April 15, 2014, revising the rules in the 

Wisconsin SIP to comply with the 2008 

NSR Implementation Rule for PM2.5

(2008 PM2.5 NSR Rule) and to address 

two previous EPA disapprovals. WDNR 

supplemented its initial submittal for 

parallel processing with the final 

version of its rule on August 11, 2014. 

The original submission for parallel 

processing, and the supplements 

thereto, may be found in the docket for 

this action. EPA proposed approval of 

this revision to Wisconsin’s SIP on June 

30, 2014 (79 FR 36689). 

WDNR’s submittal includes the 

required PSD elements of the 2008 PM2.5

NSR Rule including the identification of 

precursors for PM2.5, the significant 

emissions rates for PM2.5 and the 

requirement to include emissions which 

may condense to form particulate matter 

at ambient temperatures, known as 

condensables, in permitting decisions. 

EPA had previously finalized 

disapprovals of two Wisconsin SIP 

submissions pertaining to PM2.5 NSR 

implementation. Specifically, on 

October 29, 2012, EPA finalized 

disapproval of Wisconsin’s 

infrastructure SIP submittal (77 FR 

65478) and on July 25, 2013, EPA 

finalized disapproval of Wisconsin’s 

May 12, 2011, submittal (78 FR 44881), 

which included revisions intended to 

comply with the 2008 PM2.5 NSR Rule. 

EPA disapproved these submittals on 

the bases that they did not explicitly 

identify precursors to PM2.5 and did not 

include the required language regarding 

condensables as required by the 2008 

PM2.5 NSR Rule and section 110(a)(2)(C) 

of the CAA. As discussed in the June 30, 

2014, proposed approval, EPA has 

found Wisconsin’s March 12, 2014, 

submittal to contain all of the required 

elements and to address the previously 

identified deficiencies. 

Although the 2008 PM2.5 NSR Rule 

also codified requirements for PM2.5 in 

the Nonattainment NSR (NNSR) 

program, there are currently no areas 

designated as nonattainment for PM2.5

located in Wisconsin. As such, 

Wisconsin is no longer obligated to 

submit a NNSR plan for PM2.5, and there 

is no longer a Federal Implementation 

Plan (FIP) obligation for NNSR. As 

discussed in the June 30, proposed 

approval, should an area be designated 

as nonattainment for PM2.5, Wisconsin 

will be required to revise its rules to 

include a plan to address PM2.5 in 

NNSR. 

EPA’s June 30, 2014, proposed 

approval was contingent upon 

Wisconsin providing a final SIP revision 

that was substantively the same as the 

March 12, 2014, submittal for parallel 

processing. Wisconsin provided its final 

SIP submittal on August 11, 2014, 

which included the final rules adopted 

by WDNR on August 1, 2014. There was 

a typographical error in Wisconsin’s 

August 11, 2014, SIP submittal in which 

Wisconsin incorrectly identified the 

rule number of one revision WDNR 

requested EPA to approve. In a letter 

dated August 18, 2014, Wisconsin 

acknowledged that in the August 11, 

2014, submittal it incorrectly requested 

approval of NR 404.02(27)(a)5m and 

clarified that it intended to request that 

EPA approve NR 405.02(27)(a)5m, 

which aligns with the provisions that 

EPA proposed approval of on June 30, 

2014. There were no differences 

between the March 12, 2014, draft SIP 

revision, and the August 11, 2014, final 

SIP revision. 

II. What comments were received on 

the proposed rule? 

EPA provided a 30-day review and 

comment period. The comment period 

closed on July 30, 2014. EPA received 

no comments on the proposed action. 

III. What action is EPA taking? 

EPA is taking final action to approve 

revisions to Wisconsin rules NR 400 and 

405. As explained in the June 30, 2014, 

proposed approval EPA finds WDNR’s 

submittal to be consistent with the CAA 

and applicable Federal requirements. 

WDNR’s March 12, 2014, submittal 

requests that EPA approve the following 

revised rules into Wisconsin’s SIP: (1) 

NR 400.02(123m) and (124); (2) NR 

405.02(21)(b)5.a. and b. and 6; (3) NR 

405.02(25i)(a), (ag) and (ar); (4) 

405.02(27)(a)5m; and (5) NR 

408.02(20)(e) 5.a and b. and 6. At this 

time EPA is only taking action on the 

portions that pertain to the 

identification of precursors to PM2.5 and 

identification of PM2.5 and PM10

condensables. Specifically, today’s 

rulemaking is limited to the following 

provisions: (1) NR 400.02(123m) and 

(124); (2) NR 405.02(25i)(ag); (3) NR 

405.02(25i)(ar)2. and 3.; and, (4) 

405.02(27)(a)5m. EPA proposed 

approval of the remainder of WDNR’s 


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62010 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations 

submission as it pertains to NOX as a 

precursor to ozone and the definition of 

major modification in a May 2, 2014 

proposed approval (79 FR 25063), and 

will take a final action on those 

revisions in a separate rulemaking. 

With the final approval of this SIP 

revisions, the FIP clocks started by 

EPA’s October 29, 2012, narrow 

disapproval and July 25, 2013, 

disapproval will stop. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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). 

This rule 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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

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 November 17, 2014. 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 dioxide, Particulate matter, 

Sulfur oxides. 

Dated: August 25, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.2570 is amended by 

adding paragraph (c)(132) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(132) On March 12, 2014, April 15, 

2014 and August 11, 2014, the 

Wisconsin Department of Natural 

Resources submitted a request to revise 

Wisconsin’s air permitting program to 

incorporate PSD requirements for PM2.5. 

(i) Incorporation by reference. 

(A) Wisconsin Administrative Code, 

NR 400.02 Definitions. NR 400.0(123m) 

and NR 400.0(124) as published in the 

Wisconsin Administrative Register July 

2014, No. 703, effective August 1, 2014. 

(B) Wisconsin Administrative Code, 

NR 405.02 Definitions. NR 

405.02(25i)(ag), NR 405.02(25i)(ar)2 and 

3, as published in the Wisconsin 

Administrative Register July 2014, No. 

703, effective August 1, 2014. 

(C) Wisconsin Administrative Code, 

NR 405.02 Definitions. NR 

405.02(27)(a)5m as published in the 

Wisconsin Administrative Register 

November 2010, No. 659, effective 

December 1, 2010. 

[FR Doc. 2014–24174 Filed 10–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0177; FRL–9917–67– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Infrastructure Requirements 

for the 2008 Ozone National Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland 

pursuant to the Clean Air Act (CAA). 

Whenever new or revised National 

Ambient Air Quality Standards 

(NAAQS) are promulgated, the CAA 

requires states to submit a plan for the 

implementation, maintenance and 

enforcement of such NAAQS. The plan 

is required to address the basic program 

elements including, but not limited to 

regulatory structure, monitoring, 

modeling, legal authority, and adequate 

resources necessary to assure attainment 


rmajette on DSK2VPTVN1PROD with RULES