[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Proposed Rules]
[Pages 24256-24258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11315]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0008; FRL-9978-63-Region 5]


Air Plan Approval; Wisconsin; Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a January 4, 2018, request by the Wisconsin Department of 
Natural Resources (Wisconsin) to revise its state implementation plan 
(SIP) for fine particulate matter (PM2.5). Wisconsin updated 
its ambient air quality standards for PM2.5 to be consistent 
with EPA's 2012 revisions to the PM2.5

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national ambient air quality standards (NAAQS). Wisconsin also revised 
its incorporation by reference rule to update references to the EPA 
monitoring methods.

DATES: Comments must be received on or before June 25, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0008 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
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: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, [email protected].

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 is EPA's Analysis?
III. What Action is EPA Taking?
IV. Incorporation by Reference.
V. Statutory and Executive Order Reviews.

I. Background

    On January 15, 2013, EPA revised the primary (protective of human 
health) annual PM2.5 NAAQS to a level of 12.0 micrograms per 
cubic meter ([micro]g/m\3\). EPA also retained the annual 
PM2.5 secondary (protective of public welfare) NAAQS set at 
a level of 15.0 [micro]g/m\3\, along with the 24-hour primary and 
secondary NAAQS for PM2.5 at a level of 35 [micro]g/m\3\. 40 
CFR 50.13 and 40 CFR 50.18.
    Wisconsin revised its ambient air quality rules in chapter NR 404 
such that its PM2.5 standards are consistent with EPA's 
revision. Wisconsin modified NR 404.04(9) by splitting the 
PM2.5 standards into separate sections for the primary and 
secondary standards. Wisconsin added NR 404.04(9)(am) for the primary 
PM2.5 standard and NR 404.04(9)(bm) for the secondary 
PM2.5 standard. In NR 404.04(9)(am), the primary annual 
PM2.5 standard was revised from 15.0 to 12.0 [micro]g/m\3\ 
with the 24-hour primary PM2.5 standard remaining at 35 
[micro]g/m\3\. Wisconsin retained the current secondary standard, 15.0 
[micro]g/m\3\ annual and 35 [micro]g/m\3\ 24-hour, in the new NR 
404.04(9)(bm).
    Wisconsin also included monitoring method requirements in both NR 
404.04(9)(am) and (bm). The ambient PM2.5 is to be measured 
by the methods of 40 CFR part 50, appendices L and N, for both 
standards. 40 CFR part 50, appendix L, is the Reference Method for the 
Determination of Fine Particulate Matter as PM2.5 in the 
Atmosphere, while, 40 CFR part 50, appendix N, is the Interpretation of 
the National Ambient Air Quality Standards for PM2.5.
    Wisconsin also revised its incorporation by reference rules in 
chapter NR 484. Wisconsin altered NR 484.04(6g) and NR 484.04(6r). The 
state amended NR 484.04(6g) by incorporating by reference 40 CFR part 
50, appendix L, Reference Method for the Determination of Particulate 
Matter as PM2.5 in the Atmosphere, into NR 404.04(9). The 
state amended NR 484.04(6r) by incorporating by reference 40 CFR part 
50, appendix N, Interpretation of the National Ambient Air Quality 
Standards for PM2.5, into NR 404.04(9).
    Wisconsin held a public comment period for these revisions from 
July 14, 2016, to August 31, 2016, and a public hearing on August 25, 
2016. No comments were received.

II. What is EPA's Analysis?

    Wisconsin's revisions to NR 404.04(9) make its ambient air quality 
standard consistent with the 2012 PM2.5 NAAQS. Wisconsin 
revised the primary PM2.5 annual standard following EPA's 
revisions, while retaining the current secondary annual and 24-hour 
PM2.5 primary and secondary standards. Wisconsin changed its 
rule to separate the primary and secondary PM2.5 standards 
into separate sections. Separating the primary and secondary standards 
allows one to easily determine what the primary PM2.5 
standards are and what methods are used to determine if those standards 
are met. This is also true for the secondary PM2.5 
standards.
    Wisconsin's revisions to NR 484.04(6g) and NR 484.04(6r) are 
acceptable. The EPA monitoring methods referenced are consistent with 
the requirements of the 2012 PM2.5 NAAQS. The incorporation 
by reference revisions keep the references current.

III. What Action is EPA Taking?

    EPA is proposing to approve revisions to NR 404.04(9), NR 
484.04(6g), and NR 484.04(6r), as submitted on January 4, 2018. The 
revisions to the ambient air quality standards and the incorporation by 
reference rules make Wisconsin's standards consistent with 2012 
PM2.5 NAAQS.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference NR 404.04(9), NR 484.04(6g), and NR 484.04(6r), effective 
January 1, 2018. 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).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act. 
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

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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);
     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 Clean Air Act; 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: May 16, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-11315 Filed 5-24-18; 8:45 am]
 BILLING CODE 6560-50-P


