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Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Rules and Regulations

FR Doc. 202105866 Filed 32221; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR05OAR20160074; FRL10021
23Region 5

Air Plan Approval; Wisconsin; Partial Approval and Partial Disapproval of the Rhinelander SO2 Nonattainment Area Plan Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

The Environmental Protection Agency EPA is partially approving and partially disapproving a revision to the Wisconsin State Implementation Plan SIP intended to provide for attaining the 2010 primary, health-based 1-hour sulfur dioxide SO2 national ambient air quality standard NAAQS or standard for the Rhinelander SO2
nonattainment area. This SIP revision hereinafter referred to as Wisconsins Rhinelander SO2 plan or plan includes Wisconsins attainment demonstration and other attainment planning elements required under the Clean Air Act CAA.
EPA is approving the base year emissions inventory and affirming that the nonattainment new source review requirements for the area have been met.
EPA is also approving the AhlstromMunksjo facility SO2 emission limit as SIP strengthening. EPA is disapproving the attainment demonstration, since the plan relies on credit for more stack height than is creditable under the regulations for good engineering practice GEP stack height.
Additionally, EPA is disapproving the plan for failing to meet the requirements for meeting reasonable further progress RFP toward attainment of the NAAQS, reasonably available control measures/
reasonably available control technology RACM/RACT, emission limitations and control measures as necessary to attain the NAAQS, and contingency measures.
DATES: This final rule is effective on April 22, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPAR05OAR20160074. 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 SUMMARY:

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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 and facility closures due to COVID19. We recommend that you telephone Abigail Teener, Environmental Engineer, at 312 3537314 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Abigail Teener, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch AR18J, U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312 3537314, teener.abigail@
epa.gov.
SUPPLEMENTARY INFORMATION:

I. What actions did EPA propose on this SIP submission?
On November 25, 2020,1 EPA
proposed to partially approve and partially disapprove Wisconsins Rhinelander SO2 plan submitted on January 22, 2016 and supplemented on July 18, 2016 and November 29, 2016.
EPA proposed to approve the base year emissions inventory and to affirm that the new source review requirements for the area had previously been met.2 EPA
also proposed to approve the AhlstromMunksjo formerly Expera Specialty Solutions LLC Expera SO2 emission limit as SIP strengthening. Specifically, EPA proposed to approve Wisconsins Administrative Order AM1501, including emission limits and associated compliance monitoring, recordkeeping, and reporting requirements.
At that time, EPA also proposed to disapprove the attainment demonstration. EPAs notice of proposed rulemaking provided an explanation of the provisions in the CAA and in the implementing stack height regulations that limit the stack height that is creditable for attainment planning purposes. In particular, the proposed rulemaking underscored the provisions that allow credit for stack heights above formula GEP stack height only if suitable control 1 85
2 79

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FR 75273 November 25, 2020.
FR 60064 October 6, 2014.

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requirements are established, and only to the extent that such credit is necessary to resolve any remaining violations of the air quality standard. In addition, EPA proposed to disapprove the plan for failing to meet the requirements for meeting RFP toward attainment of the NAAQS, RACM/
RACT, emission limitations and control measures as necessary to attain the NAAQS, and contingency measures.
EPA stated that final action to disapprove portions of the plan would start sanctions and Federal implementation plan FIP clocks for this area under CAA sections 179ab and 110c, respectively. EPA noted that the sanctions and FIP clocks would be terminated by an EPA rulemaking approving a revised plan.
II. What is EPAs response to comments received on the proposed rulemaking?
The proposed action described above provided a public comment period that closed on December 28, 2020. EPA
received one adverse comment letter from the Wisconsin Department of Natural Resources Wisconsin and one anonymous, somewhat supportive comment on the proposed action. These comments are summarized below along with EPAs responses.
Wisconsin Comment: Wisconsin recommends that EPA not finalize the proposed action. Wisconsin stated that they worked cooperatively with EPA on the content of Wisconsins Rhinelander SO2 plan, and that EPA Region 5 staff and Wisconsin were in agreement when Wisconsin submitted their plan in January 2016. Wisconsin also asserted that after the facility raised the stack to the GEP height specified in Wisconsins attainment plan submittal, the monitored SO2 concentrations greatly decreased and have not recorded NAAQS violations since 2018.
Additionally, Wisconsin stated that although they and the facility Ahlstrom-Munksjo do not agree with EPAs interpretation of the stack height regulations, they have been working closely with EPA on a submittal that would comply with the regulations.
Finally, Wisconsin stated that they understand that EPA is taking this action due to a court-ordered deadline, but objected that they believe this action will create unnecessary burdens for EPA
and Wisconsin and not accelerate the timeline for submitting a future plan for attaining the NAAQS, as Wisconsin plans to issue an order with a limit that complies with the EPA stack height regulations on April 1, 2021.
Response: At the time of Wisconsins submittal in January 2016, EPA Region 5 staff informally shared their
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