[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Rules and Regulations]
[Pages 2719-2723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00935]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2021-0535; FRL-9444-02-R5]


Air Plan Approval; Wisconsin; Wisconsin Nonattainment New Source 
Review Certification for the 2015 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, as a 
State Implementation Plan (SIP) revision, Wisconsin's certification 
that its SIP satisfies the nonattainment new source review (NNSR) 
requirements of the Clean Air Act (CAA) for the 2015 ozone National 
Ambient Air Quality Standard (NAAQS).

DATES: This direct final rule will be effective March 21, 2022, unless 
EPA receives adverse comments by February 18, 2022. 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-2021-0535 at http://www.regulations.gov or via email to 
<a href="/cdn-cgi/l/email-protection#b3d7d2dedad0dc9dd4d6ddd6c5dad6c5d6f3d6c3d29dd4dcc5"><span class="__cf_email__" data-cfemail="640005090d070b4a03010a01120d011201240114054a030b12">[email protected]</span></a>. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted,

[[Page 2720]]

comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Rachel Rineheart, Environmental 
Engineer, Air Permit Section, Air Programs Branch (AR18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7017, <a href="/cdn-cgi/l/email-protection#c1b3a8afa4a9a4a0b3b5efb3a0a2a9a4ad81a4b1a0efa6aeb7"><span class="__cf_email__" data-cfemail="582a31363d303d392a2c762a393b303d34183d2839763f372e">[email protected]</span></a>. The 
EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding Federal holidays and facility closures due to COVID-
19.

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

I. What is EPA's evaluation of Wisconsin's submittal?

A. Background

    On July 27, 2021, Wisconsin submitted a SIP revision requesting 
that EPA approve Wisconsin's certification that its existing SIP-
approved NNSR regulations fully satisfy the NNSR requirements set forth 
in 40 CFR 51.165 for all areas not attaining the 2015 Ozone NAAQS. 
Wisconsin has certified that specific sections of its NNSR rules at NR 
408 continue to meet the NNSR requirements for ozone nonattainment 
areas under the 2015 ozone NAAQS. Table 1 below provides the sections 
of Wisconsin's NNSR rule corresponding to the relevant requirements at 
40 CFR 51.165. NR 408 was originally approved into the SIP effective 
February 17, 1995,\1\ with revisions subsequently approved into the SIP 
effective January 16, 2009.\2\ Each requirement identified in 
Wisconsin's certification has not been revised since EPA last approved 
it. Table 1 lists the specific provisions of Wisconsin's NNSR rules 
that address the required elements of the Federal NNSR rules:
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    \1\ See 60 FR 3538.
    \2\ See 73 FR 76560.

                       Table 1--Required Elements
------------------------------------------------------------------------
              Federal rule                        Wisconsin rule
------------------------------------------------------------------------
40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv)..  NR 408.02(21), NR
                                          408.02(21)(a)(1)(b), (c), (d),
                                          and (e).
40 CFR 51.165(a)(1)(iv)(A)(2)..........  NR 408.02(21)(b), NR
                                          408.02(21)(b)(1)(a)-(c), and
                                          NR 408.02(21)(b)(2)-(4).
40 CFR 51.165(a)(1)(iv)(A)(3)..........  NR 408.02(21)(a)(3).
40 CFR 51.165(a)(1)(v)(E)..............  NR 408.02(20)(c).
40 CFR 51.165(a)(1)(v)(F)..............  NR 408.02(20)(a).
40 CFR 51.165(a)(1)(x)(A)..............  NR 408.02(32)(a) and NR
                                          408.02(32)(a)(6).
40 CFR 51.165(a)(1)(x)(B)..............  NR 408.02(32)(c).
40 CFR 51.165(a)(1)(x)(C)..............  NR 408.02(32)(f) and NR
                                          408.03(5).
40 CFR 51.165(a)(1)(x)(E)..............  NR 408.02(32)(d).
40 CFR 51.165(a)(3)(ii)(C)(1)..........  NR 408.06(7)(a), NR
                                          408.06(7)(a)(1), and NR
                                          408.06(7)(a)(4).
40 CFR 51.165(a)(3)(ii)(C)(2)..........  NR 408.06(7)(b).
40 CFR 51.165(a)(8)....................  NR 408.03(5).
40 CFR 51.165(a)(9)(ii)-(iv)...........  NR 408.06(4)(a)-(e), NR
                                          408.06(5), and NR
                                          408.05(2)(b).
------------------------------------------------------------------------

B. Analysis of Wisconsin's NNSR Rules

    For the following reasons, we are approving Wisconsin's 
certification that NR 408 is consistent with 40 CFR 51.165 and meets 
the requirements of CAA sections 110(a)(2), 172(c)(5), 173, 182(a)(4), 
and 182(b)(5) under the 2015 ozone standard.
1. Major Source Thresholds for Ozone--40 CFR 51.165(a)(1)(iv)(A)(1)(i)-
(iv) and (2)
    The major source thresholds for both volatile organic compounds 
(VOC) and nitrogen oxides (NO<INF>X</INF>) (i.e., ozone precursors) are 
defined in 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2). The 
applicable thresholds vary depending on the classification of the ozone 
nonattainment area. Different emissions thresholds apply for Marginal, 
Moderate, Serious, Severe and Extreme ozone nonattainment areas and for 
areas located in an ozone transport region (OTR).
    Wisconsin has certified that the Federal requirements for major 
source thresholds for VOC and NO<INF>X</INF> are addressed by NR 
408.02(21). Under NR 408.02(21)(a), for an area designated as 
nonattainment for ozone, a major stationary source is a stationary 
source which emits or has the potential to emit VOC in an amount equal 
to or greater than (1) 100 tons per year in an area classified as 
marginal or moderate nonattainment for ozone (NR 408.02(21)(a)(1); (2) 
50 tons per year of VOC in an area designated as serious nonattainment 
for ozone (NR 408.02(21)(a)(1)(b)); (3) 25 tons per year of VOC in an 
area designated as severe for ozone (NR 408.02(21)(a)(1)(d)); and (4) 
10 tons per year of VOC in an area designated as extreme for ozone (NR 
408.02(21)(a)(1)(e)). Under NR 408.02(21)(b), for an area designated as 
nonattainment for ozone, a major stationary source is a stationary 
source which emits or has the potential to emit NO<INF>X</INF> in an 
amount equal to or greater than (1) 100 tons per year in an area 
classified as marginal or moderate nonattainment for ozone (NR 
408.02(21)(b)(1)(a)); (2) 50 tons per year in an area classified as 
serious nonattainment for ozone (NR 408.02(21)(b)(2)); (3) 25 tons per 
year in an area classified as severe nonattainment for ozone (NR 
408.02(21)(b)(3)); and (4) 10 tons per year in an area classified as 
extreme

[[Page 2721]]

nonattainment for ozone (NR 408.02(21)(b)(4)).
    Wisconsin's thresholds are consistent with the Federal thresholds; 
therefore, we find that Wisconsin's NNSR provisions at NR 408.02(21) 
satisfy the requirements of 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and 
(2).
2. Change Constitutes Major Source by Itself--40 CFR 
51.165(a)(1)(iv)(A)(3)
    Under 40 CFR 51.165(a)(1)(iv)(A)(3), any physical change that would 
occur at a stationary source not qualifying as major stationary source 
becomes a major stationary source if the change would constitute a 
major stationary source by itself. Wisconsin has certified that the 
requirement is addressed by NR 408.02(21)(a)(3) which states that a 
major source includes any physical change that would occur at a 
stationary source not qualifying under subd. 1. or 2. as a major 
source, if the change would constitute a major source by itself. 
Wisconsin's provisions are consistent with Federal provisions; 
therefore, we find that the Wisconsin SIP at NR 408.02(21)(a)(3) 
satisfies the requirements of 40 CFR 51.165(a)(1)(iv)(A)(3).
3. Significant Net Emissions Increase of NO<INF>X</INF>
    Under 40 CFR 51.165(a)(1)(v)(E), any significant net emissions 
increase of NO<INF>X</INF> is considered significant for ozone. 
Wisconsin has certified that this requirement is addressed by NR 
408.02(20)(c), which provides that any significant net emissions 
increase of NO<INF>X</INF> is considered significant for ozone in 
addition to any separate requirements for nitrogen oxides. Wisconsin's 
provisions at NR 408.02(20)(c) are consistent with the Federal 
requirements at 40 CFR 51.165(a)(1)(v)(E); therefore, we find that NR 
408.02(20)(c) satisfies the requirements of 40 CFR 51. 165(a)(1)(v)(E).
4. Any Emissions Change in an Extreme Area Triggers NNSR--40 CFR 
51.165(a)(1)(v)(F)
    Under 40 CFR 51.165(a)(1)(v)(F), any physical change in, or change 
in the method of operation of, a major stationary source of VOC that 
results in any increase in emissions of VOC from any discrete 
operation, emissions unit, or other pollutant emitting activity at the 
source shall be considered a significant net emissions increase and a 
major modification for ozone, if the major stationary source is located 
in an extreme ozone nonattainment are that is subject to CAA title 1, 
part D, subpart 2. Wisconsin has certified that this requirement is 
addressed by NR 408.02(20)(a). NR 408.02(20)(a) provides that any 
physical change, or change in the method of operation of a major source 
of VOCs located in an extreme nonattainment area for ozone which 
results in any increase in emissions of VOCs from any discrete 
operation, emissions unit or other pollutant emitting activity at the 
source shall be considered a major modification for ozone. Wisconsin's 
provision at NR 408.02(20)(a) is consistent with the Federal 
requirements of 40 CFR 51.165(a)(1)(v)(F); therefore, we find that NR 
408.02(20)(a) satisfies the requirements of 40 CFR 
51.165(a)(1)(v)(F).\3\
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    \3\ Wisconsin does not currently have any extreme ozone 
nonattainment areas.
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5. Significant Emission Rates for VOC and NO<INF>X</INF>
    Under 40 CFR 51.165(a)(1)(x)(A), (B) and (E), the significant 
emission rate for ozone is 40 tons per year of VOC or NO<INF>X</INF>, 
except that the significant emission rate in serious or severe 
nonattainment areas shall be 25 tons per year. Under 40 CFR 
51.165(a)(1)(x)(E), any increase in actual emissions of VOC from any 
emissions unit at a major stationary source of VOC located in an 
extreme ozone nonattainment area shall be considered a significant net 
emissions increase.
    Wisconsin has certified that NR 408.02(32)(a), (c), (d) and (f) 
satisfy these requirements. NR 408.02(32)(a) defines significant 
emission rates for NO<INF>X</INF> of 40 tons per year and for ozone of 
40 tons per year of VOC. NR 408.02(32)(c) defines significant for 
serious and severe ozone nonattainment areas as 25 tons per year of 
VOC. NR 408.02(32)(d) states that any increase in VOC emissions at a 
major source of VOC in an extreme ozone nonattainment area is 
considered significant. NR 408.02(32)(f) states that for purposes of 
applying NR 408.03(5) (major NSR applicability) to major sources of 
NO<INF>X</INF> located in ozone nonattainment areas, the significant 
emission rates and other requirements for VOC shall apply to 
NO<INF>X</INF> emissions. These provisions satisfy the requirements of 
40 CFR 51.165(a)(1)(x)(A)-(C) and (E) with respect to VOC emissions. 
While the significant emission rate for ozone in NR 408.02(32)(a) does 
not specifically include NO<INF>X</INF>, Wisconsin has certified that 
other provisions ensure NO<INF>X</INF> would also be subject to the 40 
tons per year significance rate for ozone. NR 408.03(2) provides that 
the NNSR requirements shall apply to any new source or major 
modification that is major for the pollutant, or precursor of the 
pollutant, for which the area is designated as nonattainment. 
Therefore, a major modification of NO<INF>X</INF> in an ozone 
nonattainment area would trigger NNSR requirements for ozone. EPA finds 
that NR 408.02(32)(a), (c), (d) and (f) in conjunction with NR 
408.03(2) satisfy the requirements of 40 CFR 51.165(a)(1)(x)(A)-(C) and 
(E).
6. Provisions for Emissions Reduction Credits--40 CFR 
51.165(a)(3)(ii)(C)(1)-(2)
    Under 40 CFR 51.165(a)(3)(ii)(C)(1) and (2), to be considered 
creditable, emission reductions achieved by shutting down an existing 
emission unit or curtailing production or operating hours must be 
surplus, permanent, quantifiable, and federally enforceable. Shutdowns 
or curtailments must have occurred after the last day of the base year 
for the SIP planning process. Reviewing authorities may choose to 
consider a prior shutdown or curtailment to have occurred after the 
last day of the base year if the projected emissions inventory used to 
develop the attainment demonstration explicitly includes emissions from 
the previously shutdown or curtailed emissions units, but in no event 
may credit be granted for shutdowns that occurred prior to August 7, 
1977. Shutdown or curtailment reductions occurring before the last day 
of the base year for the SIP planning process may also be generally 
credited if the shutdown or curtailment occurred on or after the date 
the construction permit application is filed or if the applicant can 
establish that the proposed new emissions unit is a replacement for the 
shutdown or curtailed emission unit and the emission reductions that 
result are surplus, permanent, quantifiable, and federally enforceable. 
Wisconsin certified that the requirements of NR 408.06(7)(a), NR 
408.06(7)(a)(1), NR 408.06(7)(a)(4), and NR 408.06(7)(b) satisfy these 
requirements.
    NR 408.06(7)(a) states that emissions reductions achieved by 
shutting down an existing source or curtailing production or operating 
hours below baseline levels may be generally credited if (1) The 
reductions are surplus, permanent, quantifiable and federally 
enforceable . . . (4) The shutdown or curtailment occurs on or after 
the date specified for this purpose in the state implementation plan, 
and if the date specified is on or after the date of the most recent 
emissions inventory used in the plan's demonstration of attainment. The 
Wisconsin Department of Natural Resources (WDNR) may consider a prior 
shutdown or

[[Page 2722]]

curtailment to have occurred after the date of its most recent 
emissions inventory, if the inventory explicitly includes as current 
existing emissions the emissions from the previously shut down or 
curtailed sources. However, no credit is available for shutdowns which 
occurred prior to August 7, 1977. NR 408.06(7)(b) states that the 
emission reductions described in par. (a) may be credited in the 
absence of an EPA approved SIP only if the shutdown or curtailment 
occurs on or after the date the construction permit application is 
filed or if the applicant can establish that the proposed new source is 
a replacement for the shut down or curtailed source, and the cutoff 
date provisions of par. (a)4. are observed. EPA finds these provisions 
to be consistent with the Federal requirements; therefore, we find that 
the provisions of NR 408.06(7)(a), NR 408.06(7)(a)(1), NR 
408.06(7)(a)(4) and NR 408.06(7)(b) satisfy the requirements of 40 CFR 
51.165(a)(3)(ii)(C)(1) and (2).
7. Requirements for VOC Apply to NO<INF>X</INF>
    Under 40 CFR 51.165(a)(8), all requirements applicable to major 
stationary sources and major modifications of VOC shall apply to 
NO<INF>X</INF> except where the Administrator has granted a 
NO<INF>X</INF> waiver applying the standards set forth under CAA 
section 182(f) and the waiver continues to apply. Wisconsin has 
certified that these Federal requirements are satisfied by NR 
408.03(5). NR 408.03(5) states the requirements of sections NR 408.04 
to 408.10 applicable to new major sources or major modifications of VOC 
shall apply to NO<INF>X</INF> emissions from new major sources or major 
modifications of NO<INF>X</INF>, except that the requirements do not 
apply if the Administrator determines, when the Administrator approves 
a plan, plan revision or petition under provisions of section 182(f) of 
the CAA, that the statutory requirements of section 182(f) do not 
apply. We find that NR 408.03(5) is consistent with the requirements of 
40 CFR 51.165(a)(8); therefore, we find that the Wisconsin SIP 
satisfies the requirements of 40 CFR 51.165(a)(8).
8. Offset Ratios for VOC and NO<INF>X</INF>
    Under 40 CFR 51.165(a)(9)(ii)(A)-(E), the VOC offset ratios shall 
be 1.1:1 in marginal ozone nonattainment areas, 1.15:1 in moderate 
ozone nonattainment areas, 1.2:1 in serious ozone nonattainment areas, 
and 1.3:1 in severe ozone nonattainment areas, and 1.5:1 in extreme 
ozone nonattainment areas. NR 408.06(4) states that in meeting the 
requirements of sub. (3) for ozone nonattainment areas classified under 
section 182 of the CAA, the ratio of total actual emission reductions 
of VOCs, and NO<INF>X,</INF> where applicable, to the net emissions 
increase for the same air contaminant class shall be as follows:
    (a) In any rural transport or marginal nonattainment area for 
ozone: At least 1.1 to 1.
    (b) In any moderate nonattainment area for ozone: At least 1.15 to 
1.
    (c) In any serious nonattainment area for ozone: At least 1.2 to 1.
    (d) In any severe nonattainment area for ozone: At least 1.3 to 1.
    (e) In any extreme nonattainment area for ozone: At least 1.5 to l.
    The offset ratios for both VOC and NO<INF>X</INF> are consistent 
with 40 CFR 51.165(a)(9)(ii)(A)-(E); therefore, we find that the 
requirements of NR 408.06(4) satisfy the requirements of 40 CFR 
51.165(a)(9)(ii)(A)-(E).
    40 CFR 51.165(a)(9)(iv) requires, for ozone nonattainment areas 
subject to CAA title 1, part D, subpart 1 but not subpart 2, an offset 
ratio of at least 1:1. All of the current ozone nonattainment areas in 
Wisconsin were designated pursuant to CAA title 1, part D, subpart 2, 
and so this requirement does not apply to Wisconsin at this time.
9. OTR Requirements
    Wisconsin is not located in an OTR, and has certified as such. 
Wisconsin is not required to include the OTR provisions set forth in 40 
CFR 51.165(a)(1)(iv)(A)(1)(ii), 40 CFR 51.165(a)(1)(iv)(A)(2)(ii), 40 
CFR 51.165(a)(1)(v)(E), 40 CFR 51.165(a)(1)(x)(C), 40 CFR 51.165(a)(8), 
and 40 CFR 51.165(a)(9)(iii) in the SIP until such time that EPA 
publishes rules that establish Wisconsin as part of the OTR.
10. Anti-Backsliding Provisions--40 CFR 51.165(a)(12)
    Anti-backsliding provisions are designed to ensure that for 
existing ozone nonattainment areas that are designated nonattainment 
for a revised and more stringent ozone NAAQS, (1) there is protection 
against degradation of air quality (i.e., the areas do not 
``backslide''), (2) the areas continue to make progress toward 
attainment of the new, more stringent NAAQS, and (3) there is 
consistency with the ozone NAAQS implementation framework outlined in 
CAA title 1, part D, subpart 2. See 78 FR 34211 (June 6, 2013). As part 
of the SIP Requirements Rule, EPA revoked the 1997 NAAQS for all 
purposes and established anti-backsliding requirements for areas that 
remained designated nonattainment for the revoked NAAQS. See 80 FR 
12265 (March 6, 2015) and 40 CFR 51.165(a)(12). Under 40 CFR 
51.165(a)(12), the anti-backsliding requirements at 40 CFR 51.1105 
apply in any area designated nonattainment for the 2008 ozone NAAQS and 
designated nonattainment for the 1997 ozone NAAQS on April 6, 2015. The 
anti-backsliding requirements apply to Sheboygan County, which was 
designated as a moderate ozone nonattainment area for the 1997 ozone 
NAAQS. Anti-backsliding requirements are addressed in documents issued 
by the WDNR pursuant to state statute 285.23(2), and are included as 
part of a separate SIP action.

II. What action is EPA taking?

    EPA is approving Wisconsin's July 27, 2021, SIP revision addressing 
the NNSR requirements of the 2015 ozone NAAQS. EPA has concluded that 
Wisconsin's submission fulfills the 40 CFR 51.1314 revision 
requirement, meets the requirements of CAA sections 110 and 172 and the 
minimum SIP requirements of 40 CFR 51.165. We are publishing this 
action without prior proposal because we view this as a 
noncontroversial amendment and anticipate no adverse comments. However, 
in the proposed rules section of this Federal Register publication, we 
are publishing a separate document that will serve as the proposal to 
approve the state plan if relevant March 21, 2022 without further 
notice unless we receive relevant adverse written comments by February 
18, 2022. If we receive such comments, we will withdraw this action 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on the proposed action. EPA 
will not institute a second comment period. Any parties interested in 
commenting on this action should do so at this time. Please note that 
if EPA receives adverse comment on an amendment, paragraph, or section 
of this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment. If we do not receive any 
comments, this action will be effective March 21, 2022.

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 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,

[[Page 2723]]

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 March 21, 2022. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: January 12, 2022.
Debra Shore,
Regional Administrator, Region 5.
    For the reasons stated in the preamble, EPA amends title 40 CFR 
part 52 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 52.2585 is amended by adding paragraph (pp) to read as 
follows:


Sec.  52.2585  Control Strategy: Ozone.

* * * * *
    (pp) NNSR certification. Approval--On July 27, 2021, Wisconsin 
submitted a SIP revision certifying that the existing SIP-approved 
nonattainment new source review regulations fully satisfy the 
nonattainment new source review requirements for all areas not 
attaining the 2015 Ozone NAAQS.

[FR Doc. 2022-00935 Filed 1-18-22; 8:45 am]
BILLING CODE 6560-50-P


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