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Statutory and Reviews (c) * * * comments submitted at Regulations.gov, Under Executive Order 12866 (58 FR (459) The following plan revision was follow the online instructions for 51735, October 4, 1993), this action is submitted on October 27, 2009, by the submitting comments. Once submitted, not a ‘‘significant regulatory action’’ and Governor’s designee. comments cannot be edited or removed is therefore not subject to review by the * * * * * from Regulations.gov. For either manner Office of Management and Budget. In (ii) * * * of submission, EPA may publish any addition, this action does not impose (A) * * * comment received to its public docket. any enforceable duty or contain any (1) Reasonably Available Control Do not submit electronically any unfunded mandate as described in the Technology State Implementation Plan information you consider to be Unfunded Mandates Reform Act of 1995 Revision, Negative Declaration for Confidential Business Information (CBI) (Pub. L. 104–4), or require prior Control Techniques Guidelines Issued or other information whose disclosure is consultation with state officials as 2006–2008 (‘‘2009 RACT SIP’’), as restricted by statute. Multimedia specified by Executive Order 12875 (58 adopted on June 1, 2009. submissions (audio, video, etc.) must be accompanied by a written comment. FR 58093, October 28, 1993), or involve * * * * * The written comment is considered the special consideration of environmental [FR Doc. 2019–16050 Filed 7–30–19; 8:45 am] official comment and should include justice related issues as required by BILLING CODE 6560–50–P discussion of all points you wish to Executive Order 12898 (59 FR 7629, make. EPA will generally not consider February 16, 1994). Because this action is not subject to ENVIRONMENTAL PROTECTION comments or comment contents located notice-and-comment requirements AGENCY outside of the primary submission (i.e. under the APA or any other statute, it on the web, cloud, or other file sharing is not subject to the provisions of the 40 CFR Part 70 system). For additional submission Regulatory Flexibility Act (5 U.S.C. 601 methods, please contact the person [EPA–R05–OAR–2018–0285; FRL–9997–36– identified in the FOR FURTHER et seq.). Under 5 U.S.C. 801(a)(1)(A) as Region 5] added by the Small Business Regulatory INFORMATION CONTACT section. For the Enforcement Fairness Act of 1996, the Air Plan Approval; ; Title V full EPA public comment policy, EPA will submit a report containing this Operation Permit Program information about CBI or multimedia rule and other required information to submissions, and general guidance on the U.S. Senate, the U.S. House of AGENCY: Environmental Protection making effective comments, please visit Representatives and the Comptroller Agency (EPA). http://www2.epa.gov/dockets/ General of the General Accounting ACTION: Direct final rule. commenting-epa-dockets. Office prior to publication of this rule in FOR FURTHER INFORMATION CONTACT: SUMMARY: the Federal Register. This rule is not a The Environmental Protection Susan Kraj, Environmental Engineer, ‘‘major rule’’ as defined by 5 U.S.C. Agency (EPA) is approving updates and Air Permits Section, Air Programs 804(2). revisions to the Wisconsin title V Branch (AR–18J), Environmental Operation Permit Program, submitted by Protection Agency, Region 5, 77 West List of Subjects in 40 CFR Part 52 Wisconsin pursuant to subchapter V of Jackson Boulevard, Chicago, Illinois Environmental protection, Air the Clean Air Act (Act), which requires 60604, (312) 353–2654, kraj.susan@ pollution control, Incorporation by states to develop, and to submit to EPA epa.gov. for approval, programs for issuing reference, Intergovernmental relations, SUPPLEMENTARY INFORMATION: Nitrogen dioxide, Ozone, Reporting and operation permits to all major stationary Throughout this document whenever recordkeeping requirements, Volatile sources. The revision was submitted to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean organic compounds. update the title V program since the EPA. This supplementary information final approval of the program in 2001 Authority: 42 U.S.C. 7401 et seq. section is arranged as follows: and to change the permit fee schedule I. What did Wisconsin Submit? Dated: July 16, 2019. for subject facilities. The revision II. What is EPA Approving? Deborah Jordan, consists of amendments to Chapter III. What Action is EPA Taking? Acting Regional Administrator, Region IX. Natural Resources (NR) 407 Wisconsin IV. Statutory and Executive Order Chapter I, title 40 of the Code of Administrative Code, operation permits, Reviews. Chapter NR 410 Wisconsin Federal Regulations is amended as I. What did Wisconsin submit? follows: Administrative Code, permit fees, and Wisconsin statute 285.69, fee structure. A. Background PART 52—APPROVAL AND This approval action will help ensure On March 8, 2017, EPA received a PROMULGATION OF that Wisconsin properly implements the request from the Wisconsin Department IMPLEMENTATION PLANS requirements of title V of the Act. of Natural Resources (WDNR) that we DATES: This direct final rule will be ■ approve revisions and updates to 1. The authority citation for part 52 effective September 30, 2019, unless continues to read as follows: Wisconsin’s title V operating permit EPA receives adverse comments by program. Pursuant to subchapter V of Authority: 42 U.S.C. 7401 et seq. August 30, 2019. If adverse comments the Act, generally known as title V, and are received, EPA will publish a timely the implementing regulations, at 40 Subpart F—California withdrawal of the direct final rule in the Code of Federal Regulations (CFR) part ■ 2. Section 52.220 is amended by Federal Register informing the public 70, states developed and submitted to revising paragraphs (c)(459) that the rule will not take effect. EPA for approval programs for issuing introductory text and (c)(459)(ii)(A)(1) ADDRESSES: Submit your comments, operation permits to all major stationary to read as follows: identified by Docket ID No. EPA–R05– sources and to certain other sources. OAR–2018–0285 at http:// EPA promulgated interim approval of § 52.220 Identification of plan—in part. www.regulations.gov, or via email to Wisconsin’s title V operating permit * * * * * [email protected]. For program on March 6, 1995 (60 FR

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12128). In 2001, Wisconsin submitted changes or updates solely related to are sufficient to cover the permit corrections to the interim approval WDNR’s FESOP or State-only operation program costs. 42 U.S.C. 7661a(b)(3) and issues identified in the 1995 interim permit programs. 40 CFR 70.9(b) provide that a state may approval action as well as additional For the reasons set forth below, the collect fees that cover the actual permit program revisions and updates. EPA revisions and updates to WDNR’s title V program costs, or may use a took action to approve the corrections to operating permits program, including presumptive fee schedule, adjusted for the interim approval issues and the submitted amendments to the inflation (using the Consumer Price promulgated final approval of the operating permits program regulations Index). Wisconsin’s fee schedule is not Wisconsin title V program on December at NR 407 Wisconsin Administrative based on the presumptive minimum fee 4, 2001 (66 FR 62951). Code and fee related provisions at NR schedule established in 40 CFR 70.9(b) 410 and Wisconsin Statute 285.69, and does not provide for inflation B. Wisconsin’s Submittal substantially meet the corresponding adjustments; therefore, Wisconsin must Wisconsin is seeking approval of requirements of 40 CFR part 70. provide a demonstration that its changes and updates made to its title V collected fees cover the actual permit A. Analysis of Part I Section IX—Minor program since the 1995 and 2001 program costs as required by 40 CFR Clarifications and Corrections approvals. EPA received WDNR’s 70.9(b)(5). submittal updating its title V operating In Wisconsin’s 1995 initial program WDNR describes in its submittal the permit program on March 8, 2017, and approval, EPA identified several issues rule changes related to fees that have supplemental information on January (in addition to the interim approval occurred since 2001, including changes 26, 2018 (submittal). WDNR’s submittal issues) that should be clarified or that revised the operation permit fee contains two sections, Part 1 and Part 2. corrected, and WDNR agreed to make structure. WDNR’s current title V fee Part 1 contains previously approved these changes. WDNR included these structure requires sources that are program elements which are included changes in its 2001 program submittal, required to obtain a Federal operation for informational purposes, as well as but EPA only acted on the interim permit to pay an annual air emissions Other Changes — Minor Clarifications approval corrections at that time. For tonnage fee, but sources also pay an and Corrections (which are changes that each of these additional items EPA had additional annual flat fee, based on the were included in WDNR’s 2001 identified, WDNR included an analysis tons of actual billable emissions. In submittal that EPA did not act on or of the changes in its current submittal. addition, sources also pay an additional approve in the 2001 approval). EPA is approving the changes identified annual flat fee if the source is subject to Part 2 contains title V program in Part I, Section IX, items 1–6 of the other requirements, such as if maximum revisions and updates since Wisconsin’s submittal. achievable control technology standards program was approved in 2001. Part 2 apply to the source, if one or more of the submittal contains section I— B. Analysis of Part 2, Section I— Federal new source performance Additional State Rule Changes and Updates to Regulations standards apply to the source, if Federal Updates to the Regulations, and section WDNR’s submittal contains over prevention of significant deterioration II—Permit Fee Demonstration. thirty revisions related to its operation permitting applies to the source, and if permit program since the final approval II. What is EPA approving? the source is a privately-owned coal- in 2001. The WDNR followed all fired electric utility with an electric In this action, EPA is addressing the necessary procedures for adoption of generating unit, among other flat fees. changes and updates in WDNR’s changes that were made to these The submittal provides tables submittal that have not been previously regulations including the WDNR’s showing the fee rate per ton of billable approved. This includes the Part 1, secretary’s approval of the notice of pollutants, the billable tons, and the Section IX Other Changes — Minor public hearing, certification of total fees assessed for various years. The Clarifications and Corrections, as well publication, affidavit of mailing of the submittal also provides details on as the changes in Part 2, Sections I and public notice to interested parties, a list WDNR’s revenue, work planning, and II, of WDNR’s submittal that relate to the of public hearing appearances, and the expenditures. In addition, WDNR has Federal title V program at 40 CFR part WDNR report on comments and several mechanisms in place to ensure 70. response to comments. that fees collected from title V sources WDNR’s submittal includes changes For a detailed analysis of Part 2, are used solely for funding title V related to several different operating Section I—Updates to Regulations, of permit activities as required by 40 CFR permit programs, including its title V the submittal, please refer to the 70.9(a). In the submittal, WDNR program as well its Federally Technical Support Document (TSD) for compares the actual revenues collected Enforceable State Operating Permit this action, which is available in the under its fee structure to an estimate of (FESOP) program and its state-only docket at the address noted above. The what would be collected using the enforceable operating permit program. TSD shows that all operating permit presumptive minimum fee schedule, EPA approved Wisconsin’s FESOP program requirements of title V of the and WDNR’s actual revenues collected program on January 18, 1995 (60 FR Act, 40 CFR part 70, and relevant exceed the presumptive minimum 3538). FESOP permits are those in guidance were met by Wisconsin’s projections. WDNR demonstrates that which a source takes a federally- submittal. the level of fees collected by WDNR enforceable limit to restrict its emissions from federally-regulated sources is to below major source thresholds in C. Analysis of Part 2, Section II—Permit sufficient for the WDNR to adequately order to avoid needing a title V permit. Fee Demonstration administer and enforce the required WDNR’s State-only operating permit WDNR submitted a fee demonstration minimum elements of the title V permit program is for sources with emissions because it is required by 42 U.S.C. program required in Section 502(b) of below those that would require a FESOP 7661a(b)(3) and 40 CFR 70.9(a), which the Act. or title V permit. In this action, EPA is provide that a state program must Upon review of the information only approving provisions related to require that the owners or operators of submitted, EPA finds that WDNR has WDNR’s title V operating permit part 70 sources pay annual fees, or the demonstrated that it has adequate program. EPA is not approving any equivalent over some other period, that funding levels to support its title V

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program. Accordingly, Wisconsin has and, therefore, is not subject to review country, the state operating permit adequately demonstrated that the by the Office of Management and program does not have tribal revised fee schedule has resulted in the Budget. implications and will not impose collection of fees in an amount substantial direct costs on tribal Executive Order 13771: Reducing sufficient to cover its actual program governments or preempt tribal law as Regulations and Controlling Regulatory costs, as required by 40 CFR 70.9 and specified by Executive Order 13175 (65 Costs the Act. FR 67249, November 9, 2000). This action is an Executive Order III. What action is EPA taking? 13771 regulatory action because this Executive Order 13045: Protection of EPA is approving Wisconsin’s action is not significant under Executive Children From Environmental Health submittal. This approval of the revisions Order 12866. and Safety Risks and updates in Wisconsin’s submittal This action also is not subject to Paperwork Reduction Act addresses only the provisions as Executive Order 13045 ‘‘Protection of described above in Section II, What is This action does not impose an Children from Environmental Health EPA Approving, which pertain to the information collection burden under the Risks and Safety Risks’’ (62 FR 19885, Federal title V program requirements, provisions of the Paperwork Reduction April 23, 1997), because it proposes to and does not apply to any other Federal Act of 1995 (44 U.S.C. 3501 et seq.). approve a state operating permit program requirements, such as State Regulatory Flexibility Act program. Implementation Plans pursuant to Executive Order 13211: Actions That section 110 of the Act. EPA finds that This action merely proposes to approve state law as meeting Federal Significantly Affect Energy Supply, the program revisions and updates in Distribution, or Use WDNR’s submittal have satisfactorily requirements and imposes no additional addressed the requirements of part 70, requirements beyond those imposed by Because it is not a ‘‘significant and EPA is therefore approving this state law. Accordingly, the regulatory action’’ under Executive submittal. Administrator certifies that this state Order 12866 or a ‘‘significant energy We are publishing this action without operating permit program will not have action,’’ this action is also not subject to prior proposal because we view this as a significant economic impact on a Executive Order 13211, ‘‘Actions a noncontroversial amendment and substantial number of small entities Concerning Regulations That anticipate no adverse comments. under the Regulatory Flexibility Act (5 Significantly Affect Energy Supply, However, in the proposed rules section U.S.C. 601 et seq.). Distribution, or Use’’ (66 FR 28355, May 22, 2001). of this issue of the Federal Register, we Unfunded Mandates Reform Act are publishing a separate document that Because this action proposes to National Technology Transfer will serve as the proposal to approve the Advancement Act State plan if relevant adverse written approve pre-existing requirements comments are filed. This rule will be under state law and does not impose In reviewing state submissions, EPA’s effective September 30, 2019 without any additional enforceable duty beyond role is to approve state choices, further notice unless we receive relevant that required by state law, it does not provided that they meet the criteria of adverse written comments by August contain any unfunded mandate or the Act. In this context, in the absence 30, 2019. If we receive such comments, significantly or uniquely affect small of a prior existing requirement for the we will withdraw this action before the governments, as described in the state to use voluntary consensus effective date by publishing a Unfunded Mandates Reform Act of 1995 standards (VCS), EPA has no authority subsequent document that will (Pub. L. 104–4). to disapprove a state submission for failure to use VCS. It would thus be withdraw the final action. All public Executive Order 13132: Federalism comments received will then be inconsistent with applicable law for This action also does not have addressed in a subsequent final rule EPA, when it reviews a state federalism implications because it does based on the proposed action. EPA will submission, to use VCS in place of a not have substantial direct effects on the not institute a second comment period. state submission that otherwise satisfies states, on the relationship between the Any parties interested in commenting the provisions of the Act. Thus, the national government and the states, or on this action should do so at this time. requirements of section 12(d) of the on the distribution of power and Please note that if EPA receives adverse National Technology Transfer and responsibilities among the various comment on an amendment, paragraph, Advancement Act of 1995 (15 U.S.C. levels of government, as specified in or section of this rule and if that 272 note) do not apply. Executive Order 13132 (64 FR 43255, provision may be severed from the Executive Order 12898: Federal Actions August 10, 1999). This action merely remainder of the rule, EPA may adopt To Address Environmental Justice in proposes to approve a state operating as final those provisions of the rule that Minority Populations and Low-Income permit program, and does not alter the are not the subject of an adverse Populations relationship or the distribution of power comment. If we do not receive any and responsibilities established in the Executive Order 12898 (59 FR 7629 comments, this action will be effective Act. (Feb. 16, 1994)) establishes Federal September 30, 2019. executive policy on environmental Executive Order 13175: Consultation IV. Statutory and Executive Order justice. Its main provision directs and Coordination With Indian Tribal Reviews Federal agencies, to the greatest extent Governments practicable and permitted by law, to Executive Orders 12866 and 13563: In addition, the state operating permit make environmental justice part of their Regulatory Planning and Review program is not approved to apply on mission by identifying and addressing, Under Executive Orders 12866 (58 FR any Indian reservation land or in any as appropriate, disproportionately high 51735, October 4, 1993) and 13563 (76 other area where EPA or an Indian tribe and adverse human health or FR 3821, January 21, 2011), this action has demonstrated that a tribe has environmental effects of their programs, is not a ‘‘significant regulatory action’’ jurisdiction. In those areas of Indian policies, and activities on minority

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populations and low-income ENVIRONMENTAL PROTECTION submissions (audio, video, etc.) must be populations in the United States. AGENCY accompanied by a written comment. EPA lacks the discretionary authority The written comment is considered the 40 CFR Part 300 to address environmental justice in this official comment and should include discussion of all points you wish to action. In reviewing state operating [EPA–HQ–SFUND–1983–0002; FRL–9997– make. EPA will generally not consider permit program submissions, EPA’s role 52–Region 5] comments or comment contents located is to approve or disapprove state National Oil and Hazardous outside of the primary submission (i.e., choices, based on the criteria of the Act. Substances Pollution Contingency on the web, cloud, or other file sharing Accordingly, this action merely Plan; National Priorities List: Deletion system). For additional submission approves certain state requirements and of the Duell & Gardner Landfill methods, the full EPA public comment will not in-and-of itself create any new Superfund Site policy, information about CBI or requirements. Accordingly, it does not multimedia submissions, and general provide EPA with the discretionary AGENCY: Environmental Protection guidance on making effective authority to address, as appropriate, Agency (EPA). comments, please visit https:// disproportionate human health or ACTION: Direct final rule. www2.epa.gov/dockets/commenting- environmental effects, using practicable epa-dockets. and legally permissible methods, under SUMMARY: The Environmental Protection Email: [email protected]. Executive Order 12898. Agency (EPA) Region 5 is publishing a Mail: Randolph Cano, NPL Deletion direct final Notice of Deletion of the Coordinator, U.S. Environmental List of Subjects in 40 CFR Part 70 Duell & Gardner Landfill Superfund Site Protection Agency Region 5 (SR–6J), 77 (Duell & Gardner Site), located in Dalton West Jackson Boulevard, Chicago, IL Environmental protection, Township, Muskegon County, 60604, (312) 886–6036. Administrative practice and procedure, , from the National Priorities Hand deliver: Superfund Records Air pollution control, Intergovernmental List (NPL). The NPL, promulgated Center, U.S. Environmental Protection relations, Operation permits, Reporting pursuant to Section 105 of the Agency Region 5, 77 West Jackson and recordkeeping requirements. Comprehensive Environmental Boulevard, 7th Floor South, Chicago, IL Dated: July 17, 2019. Response, Compensation, and Liability 60604, (312) 886–0900. Such deliveries are only accepted during the Docket’s Cathy Stepp, Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and normal hours of operation, and special Regional Administrator, Region 5. Hazardous Substances Pollution arrangements should be made for 40 CFR part 70 is amended as follows: Contingency Plan (NCP). This direct deliveries of boxed information. The final deletion is being published by EPA normal business hours are Monday PART 70—STATE OPERATING PERMIT with the concurrence of the State of through Friday, 8 a.m. to 4 p.m., PROGRAMS Michigan, through the Michigan excluding Federal holidays. Department of Environment, Great Instructions: Direct your comments to ■ 1. The authority citation for part 70 Lakes and Energy (MDEGLE) because Docket ID no. EPA–HQ–SFUND–1983– continues to read as follows: EPA has determined that all appropriate 0002. EPA’s policy is that all comments response actions under CERCLA, other received will be included in the public Authority: 42 U.S.C. 7401, et seq. than operation and maintenance, docket without change and may be ■ 2. Amend appendix A to part 70 by monitoring and five-year reviews, have made available online at http:// adding paragraph (d) under Wisconsin been completed. However, this deletion www.regulations.gov, including any to read as follows: does not preclude future actions under personal information provided, unless Superfund. the comment includes information Appendix A to Part 70—Approval claimed to be Confidential Business DATES: This direct final deletion is Status of State and Local Operating Information (CBI) or other information effective September 30, 2019 unless Permits Programs whose disclosure is restricted by statute. EPA receives adverse comments by Do not submit information that you * * * * * August 30, 2019. If adverse comments consider to be CBI or otherwise are received, EPA will publish a timely Wisconsin protected through https:// withdrawal of the direct final deletion www.regulations.gov or email. The * * * * * in the Federal Register informing the (d) Department of Natural Resources: Title https://www.regulations.gov website is public that the deletion will not take an ‘‘anonymous access’’ system, which v operating permit program revisions and effect. updates received on March 8, 2017. means EPA will not know your identity Wisconsin’s Title v program is hereby ADDRESSES: Submit your comments, or contact information unless you updated to include these requested changes. identified by Docket ID No. EPA–HQ– provide it in the body of your comment. SFUND–1983–0002, by one of the If you send an email comment directly * * * * * following methods: to EPA without going through https:// [FR Doc. 2019–16336 Filed 7–30–19; 8:45 am] https://www.regulations.gov. Follow www.regulations.gov, your email BILLING CODE 6560–50–P the on-line instructions for submitting address will be automatically captured comments. Once submitted, comments and included as part of the comment cannot be edited or removed from that is placed in the public docket and Regulations.gov. EPA may publish any made available on the internet. If you comment received to its public docket. submit an electronic comment, EPA Do not submit electronically any recommends that you include your information you consider to be name and other contact information in Confidential Business Information (CBI) the body of your comment and with any or other information whose disclosure is disk or CD–ROM you submit. If EPA restricted by statute. Multimedia cannot read your comment due to

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