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[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Rules and Regulations]
[Pages 92600-92602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26114]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2024-0184; FRL-11968-02-R5]

Air Plan Approval; Wisconsin; Nitrogen Oxide Emissions Control 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Wisconsin's additions and amendments to chapters NR 400, NR 428, and NR 
484 of the Wisconsin Administrative Code (Wis. Adm. Code). These 
changes clarify existing requirements and ensure clear and consistent 
implementation of Wisconsin's control requirements for emissions of 
nitrogen oxide (NOX). EPA proposed to approve this action on 
July 17, 2024, and received no comments.

DATES: This final rule is effective on December 23, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2024-0184. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, i.e., Confidential Business 
Information (CBI), Proprietary Business Information (PBI), 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 https://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 Katie Mullen, at (312) 353-3490 before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Katie Mullen, Air and Radiation 
Division (AR 18J), Air and Radiation Division (AR18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-3490, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    Wisconsin's April 10, 2024, submittal requested that EPA approve 
revisions to NOX control requirements in chapters NR 400, NR 
428, and NR 484 of the Wis. Adm. Code. Wisconsin's proposed revisions 
clarify emission limits for units using more than one type of fuel, 
incorporate procedures for approving a site-specific emission limit 
alternative to ensure that limits are achievable in practice, revise 
and clarify existing compliance and monitoring requirements, clarify an 
applicability exception, update cross references, and include 
definitions. On July 17, 2024 (89 FR 58097), EPA proposed to approve 
revisions to NOX control requirements in chapters NR 400, NR 
428, and NR 484 of the Wis. Adm. Code. Specifically, EPA proposed to 
approve Wisconsin rule(s) 400.03(4)(mf), 428.02(7i), 428.02(7p), 
428.02(7u), 428.02(7w), 428.04(2)(i), 428.04(4)(c), 428.05(2)(b), 
428.05(2)(f), 428.05(3)(f), 428.05(5)(c), 428.055, 428.07(1)(a)2, 
428.08(2)(e)(title), 428.08(2)(f)(title), 428.08(2)(g), 428.08(3), 
428.21(3)(d), 428.22(1), 428.22(3), 428.24(1)(c), and 484.04 Table 2 
Row (15m), effective

[[Page 92601]]

April 1, 2024. An explanation of the Clean Air Act (CAA) requirements, 
a detailed analysis of the revisions, and EPA's reasons for proposing 
approval were provided in the notice of proposed rulemaking, and will 
not be restated here. The public comment period for this proposed rule 
ended on August 16, 2024. EPA received no comments on the proposal.

II. Final Action

    EPA is approving the revisions in NR 400, 428, and 484 of the 
Wisconsin Administrative Code, which simply clarify and streamline 
Wisconsin's existing NOX emission control requirements.

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 section I of this preamble and set forth in 
the amendments to 40 CFR part 52 below. EPA has made, and will continue 
to make, these documents generally available through https://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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
EPA defines EJ as ``the fair treatment and meaningful involvement of 
all people regardless of race, color, national origin, or income with 
respect to the development, implementation, and enforcement of 
environmental laws, regulations, and policies.'' EPA further defines 
the term fair treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies.''
    The WDNR did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
on the air quality of the affected area. Consideration of EJ is not 
required as part of this action, and there is no information in the 
record inconsistent with the stated goal of E.O. 12898 of achieving EJ 
for communities with EJ concerns.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 January 21, 2025. 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, Ozone, 
Volatile organic compounds.

    Dated: November 4, 2024.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 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.

0
2. Section 52.2570 is amended by adding paragraph (c)(151) to read as 
follows:

Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (151) On April 10, 2024, the Wisconsin Department of Natural 
Resources submitted revised rules to clarify existing requirements and 
ensure clear and consistent implementation of Wisconsin's control 
requirements for emissions of nitrogen oxide (NOX).
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.

[[Page 92602]]

    (A) NR 400.03(4)(mf), as published in the Wisconsin Register March 
2024 No. 819, effective April 1, 2024.
    (B) NR 428.02(7i), NR 428.02(7p), NR 428.02(7u), NR 428.02(7w), NR 
428.04(2)(i), NR 428.04(4)(c), NR 428.05(2)(b), NR 428.05(2)(f), NR 
428.05(3)(f), NR 428.05(5)(c), NR 428.055, NR 428.07(1)(a)2, NR 
428.08(2)(e)title, NR 428.08(2)(f)title, NR 428.08(2)(g), NR 428.08(3), 
NR 428.21(3)(d), NR 428.22(1) introductory text, NR 428.22(3), and NR 
428.24(1)(c), as published in the Wisconsin Register March 2024 No. 
819, effective April 1, 2024.
    (C) NR 484.04 Table 2 Row (15m), as published in the Wisconsin 
Register March 2024 No. 819, effective April 1, 2024.

[FR Doc. 2024-26114 Filed 11-21-24; 8:45 am]
BILLING CODE 6560-50-P
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