37434 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0701; FRL–9981– 

44—Region 5] 

Air Plan Approval; Wisconsin; 

Modification of Greenhouse Gas 

Language 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing an approval 

to a revision to the Wisconsin State 

Implementation Plan (SIP) submitted by 

the Wisconsin Department of Natural 

Resources (WDNR) to EPA on November 

28, 2017. In this revision, WDNR makes 

modifications to the language associated 

with how greenhouse gases are 

evaluated in the Prevention of 

Significant Deterioration (PSD) program. 

These revisions were made to reflect 

changes required by the United States 

Supreme Court in its June 23, 2014 

decision, Utility Air Regulatory Group 

(UARG) v. EPA), 134 S. Ct. 2427. 

DATES: This final rule is effective on 

August 31, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2017–0701. 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 Rachel 

Rineheart, Environmental Engineer, at 

(312) 886–7017 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Rineheart, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–7017, 

rineheart.rachel@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 action is EPA taking? 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background 

This final rulemaking addresses the 

November 28, 2017 WDNR submittal for 

SIP revision, revising the rules in the 

Wisconsin SIP to reflect the changes 

required by UARG v. EPA, 134 S. Ct. 

2427, on how greenhouse gases are 

evaluated in the PSD program. 

On June 23, 2014, in UARG v. EPA, 

the Supreme Court ruled that the Clean 

Air Act (CAA) neither compels nor 

permits EPA to adopt an interpretation 

of the CAA requiring a source to obtain 

a PSD or title V permit based solely on 

its potential greenhouse gas emissions. 

The ruling supported EPA’s decision to 

require sources otherwise subject to PSD 

review to comply with BACT emission 

standards for greenhouse gases. In other 

words, with respect to PSD, the ruling 

upheld PSD permitting requirements for 

greenhouse gases under Step 1 of the 

Tailoring rule for ‘‘anyway’’ sources, 

i.e., sources that were subject to PSD 

review anyway due to their nongreenhouse gas regulated pollutants, 

and invalidated PSD permitting 

requirement for Step 2 sources, i.e., 

sources that were considered major 

solely as a result of their greenhouse gas 

emissions. 

Following the UARG v. EPA decision, 

WDNR is modifying its PSD rules in NR 

405.07(9) to establish the conditions 

under which greenhouse gases at a 

stationary source shall be subject to the 

PSD regulations. 

On May 25, 2018 (83 FR 24258), EPA 

published a notice of proposed 

rulemaking (NPRM) proposing approval 

of Wisconsin’s November 28, 2017 

submittal for SIP revision on the basis 

that we found it consistent with the 

June 23, 2014, UARG v. EPA ruling. 

The specific details of Wisconsin’s 

November 28, 2017 SIP revision and the 

rationale for EPA’s approval are 

discussed in the NPRM and will not be 

restated here. EPA received three 

comments on the proposed action; none 

were relevant to the rulemaking. 

II. What action is EPA taking? 

EPA is approving Wisconsin’s 

November 28, 2017 submittal for SIP 

revision as the modification to the 

greenhouse gas language in NR 

405.07(9) is consistent with the June 23, 

2014, UARG v. EPA ruling. 

III. 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). 

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 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); 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations 37435 

• 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 October 1, 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, 

Reporting and recordkeeping 

requirements. 

Dated: July 17, 2018. 

Cathy Stepp, 

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 

revising paragraphs (c)(126) 

introductory text and (c)(126)(i)(D) to 

read as follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(126) On May 4, 2011, June 20, 2012, 

and September 28, 2012, Wisconsin 

Department of Natural Resources 

(WDNR) submitted a request to revise 

Wisconsin’s Prevention of Significant 

Deterioration (PSD) program to 

incorporate the ‘‘Tailoring Rule’’ and 

the Federal deferral for biogenic CO2

emissions into Wisconsin’s SIP. On 

November 28, 2017, WDNR submitted a 

modification to the greenhouse gas 

language to be consistent with the June 

23, 2014, UARG v. EPA ruling. 

(i) * * * 

(D) Wisconsin Administrative Code, 

NR 405.07 Review of major stationary 

sources and major modifications— 

source applicability and exemptions. 

NR 405.07(9), as published in the 

Wisconsin Administrative Register July 

2015, No. 715, effective August 1, 2015. 

* * * * * 

[FR Doc. 2018–16469 Filed 7–31–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2014–0604; FRL–9981– 

23—Region 1] 

Air Plan Approval; Vermont; 

Infrastructure Requirement for the 

2010 Sulfur Dioxide National Ambient 

Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Vermont. This 

revision addresses the interstate 

transport requirements of the Clean Air 

Act (CAA), referred to as the good 

neighbor provision, with respect to the 

primary 2010 sulfur dioxide (SO2) 

national ambient air quality standard 

(NAAQS). This action approves 

Vermont’s demonstration that the State 

is meeting its obligations regarding the 

transport of SO2 emissions into other 

states. This action is being taken under 

the Clean Air Act. 

DATES: This rule is effective on August 

31, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2014–0604. 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., 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 at www.regulations.gov or at 

the U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, Office of Ecosystem Protection, 

Air Quality Planning Unit, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Donald Dahl, Air Permits, Toxics, and 

Indoor Programs Unit, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, (Mail code 

OEP05–2), Boston, MA 02109—3912, 

tel. (617) 918–1657; or by email at 

dahl.donald@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On November 2, 2015, the Vermont 

Department of Environmental 

Conservation (VT DEC) submitted a 

formal SIP revision certifying that its 

SIP was adequate to meet the program 

elements required by Section 110(a)(2) 

of the CAA with respect to the 2008 

ozone, 2010 primary nitrogen dioxide 

(NO2), and 2010 primary SO2 NAAQS 


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