60064 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0242; FRL–9915–94– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Revisions to PSD and 

NNSR Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to its authority 

under the Clean Air Act (CAA or Act), 

the Environmental Protection Agency 

(EPA) is approving a revision to the 

Wisconsin State Implementation Plan 

(SIP) for the Prevention of Significant 

Deterioration (PSD) and Nonattainment 

New Source Review (NNSR) programs. 

DATES: This final rule is effective on 

November 5, 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 Anthony 

Maietta, Life Scientist, at (312) 353– 

8777 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Life Scientist, Control 

Strategies Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 353–8777, maietta.anthony@

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. What is the background for this action? 

II. Effective Date of Wisconsin’s Adopted 

Rule and Formal SIP Submission. 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews. 

I. What is the background for this 

action? 

On March 12, 2014, the Wisconsin 

Department of Natural Resources 

(WDNR) submitted a request to EPA to 

revise portions of its PSD and NNSR 

programs. The submittal requested 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); (4) NR 405.02(25i)(ag) 

and (ar)1–3; and (5) NR 408.02(20)(e) 5.a 

and b. and 6. On May 2, 2014, EPA 

published in the Federal Register (79 

FR 25063) a proposal to take action on 

portions of the March 12, 2014, 

submittal that pertained to the 

definition of ‘‘major modification’’, and 

explicitly identify oxides of nitrogen 

(NOX) as a precursor to ozone. 

Specifically, EPA’s May 2, 2014, 

proposed rulemaking was limited to the 

following provisions: (1) NR 

405.02(21)(b)5.a. and b. and 6; (2) NR 

405.02(25i)(a); (3)NR 

405.02(25i)(ar)(intro) and 1.; and, (4) NR 

408.02(20)(e) 5.a and b. and 6. The 

remainder of WDNR’s submission, as it 

relates to the identification of precursors 

to particulate matter of less than 2.5 

micrometers (PM2.5), and the definition 

of PM2.5 and particulate matter of less 

than 10 micrometers, will be addressed 

in a separate rulemaking. 

Because the SIP revision was not 

effective at the state level at the time of 

the March 12, 2014, submittal, 

Wisconsin requested that EPA parallel 

process the SIP revision. EPA’s May 2, 

2014, proposal was contingent upon 

both the effectiveness of amended rules 

at the state level and a formal, fully 

adopted SIP revision request. 

II. Effective Date of Wisconsin’s 

Adopted Rule and Formal SIP 

Submission 

On June 30, 2014, revisions to 

Wisconsin’s PSD and NNSR rules, as 

submitted in draft to EPA on March 12, 

2014, were published in the Wisconsin 

Administrative Register, and became 

effective on July, 1, 2014. On August 11, 

2014, Wisconsin formally submitted its 

request for EPA to take final action on 

our May 2, 2014 proposal. 

III. What action is EPA taking? 

EPA is approving revisions to 

Wisconsin rules NR 405.02(21)(b)5.a. 

and b. and 6; NR 405.02(25i)(a); NR 

405.02(25i)(ar)(intro) and 1.; and NR 

408.02(20)(e) 5.a and b. and 6., as 

submitted by WDNR on August 11, 

2014, into the Wisconsin SIP. 

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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 60065 

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 5, 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, 

Lead, Nitrogen oxides, Ozone, Reporting 

and recordkeeping requirements, Sulfur 

oxides. 

Dated: August 19, 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)(131) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(131) On August 11, 2014, the 

Wisconsin Department of Natural 

Resources submitted a request to revise 

Wisconsin’s Prevention of Significant 

Deterioration and Nonattainment New 

Source Review rules. 

(i) Incorporation by reference. 

(A) Wisconsin Administrative Code, 

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

405.02(25i)(a); NR 405.02(25i)(ar)(intro) 

and 1., as published in the Wisconsin 

Administrative Register July 2014, No. 

703, effective August 1, 2014. 

(B) Wisconsin Administrative Code, 

NR 408.02(20)(e) 5.a and b. and 6., as 

published in the Wisconsin 

Administrative Register July 2014, No. 

703, effective August 1, 2014. 

[FR Doc. 2014–23769 Filed 10–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2013–0273; FRL–9914–97– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Amendments to Gasoline Volatility 

Standards and Motor Vehicle 

Refinishing Requirements for Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving state 

implementation plan (SIP) revisions 

submitted by the Illinois Environmental 

Protection Agency (IEPA) on March 19, 

2013, concerning the state’s gasoline 

volatility standards. The SIP revisions 

also include amendments to the state’s 

motor vehicle refinishing regulations to 

allow for the alternative use of a high 

volume, low pressure (HVLP) equivalent 

coating applicator in motor vehicle 

refinishing operations, and repeal a 

registration program under these 

regulations that overlaps with Federal 

registration requirements. 

DATES: This direct final rule is effective 

December 5, 2014, unless EPA receives 

adverse comments by November 5, 

2014. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2013–0273, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2013– 

0273. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 


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