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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Rules and Regulations Chicago, Illinois 60604, 312 8861474, Cloyd.Michael@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever we, us, or our is used, we mean EPA.

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR05OAR20080784; FRL10022
90Region 5

Air Plan Approval; Wisconsin;
Prevention of Significant Deterioration PSD and Nonattainment New Source Review NSR Rule Clarifications Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

The Environmental Protection Agency EPA is approving a revision to the Wisconsin state implementation plan SIP, submitted by the Wisconsin Department of Natural Resources WDNR on September 30, 2008. The revision updates the definition of Replacement Unit and clarifies a component of the emission calculation used to determine emissions under a plantwide applicability limitation PAL
in the Wisconsin Administrative Code.
Approving this revision makes Wisconsin rules consistent with Federal rules. EPA proposed to approve this action on November 9, 2020 and received no adverse comments.
DATES: This final rule is effective on June 7, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPAR05OAR20080784. 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 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 Michael Cloyd, Air Permits Section, at 312
8861474 before visiting the Region 5
office.
SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Michael Cloyd, Air Permits Section, Air Programs Branch AR18J, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
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I. Background Information On November 9, 2020 85 FR 71295, EPA proposed to approve revisions to Wisconsins air rules as adopted in the Wisconsin Register July 2008, No. 631.
An explanation of the Clean Air Act requirements, a detailed analysis of the revisions, and EPAs reasons for proposing approval were provided in the notice of proposed rulemaking NPRM, and will not be restated here.
The public comment period for this proposed rule ended on December 9, 2020. EPA received no comments on the proposal.
II. Final Action EPA is approving updates and revisions to Wisconsins air quality SIP.
Specifically, EPA is approving updates to the definition of Replacement Unit under NR 405.0212b, NR
405.0225k, and NR 408.0229s, and is approving a revision to a component of the emission calculation used to determine emissions under a PAL under NR 405.186e and NR 408.116e.
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 the amendments to 40 CFR part 52 set forth below. 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.
IV. 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. 7410k; 40 CFR 52.02a. Thus, in reviewing SIP submissions, EPAs 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:

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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;
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. 1044;
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 12d 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.
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
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