2024-19548. Air Plan Approval; Wisconsin; Infrastructure SIP Requirements for the 2015 Ozone NAAQS

Table 1—Enacted Budgets for WDNR and Its Environmental Management Program

Budget period	Total WDNR budget	Environmental management program budget
2017-2018	$549,243,200	$70,843,300
2018-2019	549,243,200	70,002,900
2019-2020	574,682,800	75,134,000
2020-2021	548,896,600	74,975,000
2021-2022	566,301,400	83,014,200
2022-2023	558,779,900	77,963,500
2023-2024	640,434,900	101,630,600
2024-2025	580,922,900	81,381,000

Wisconsin's submission additionally identified the section 105 Air Pollution Control Grant as a source of resources applied towards implementing its air program, and Wisconsin explains that “EPA and WDNR negotiate priorities and grant commitments under the EnPPA, which is a two-year agreement itemizing performance measures and outcomes across various funding sources and grants.” To further assess the adequacy of Wisconsin's resources towards carrying out the SIP, EPA reviewed EnPPA documents from the five-year period beginning with Wisconsin's September 14, 2018, submission. EPA is placing the EnPPA materials in the docket for this action. The EnPPA documents provide further support to EPA's finding that Wisconsin has had adequate resources to carry out its SIP. In these materials, EPA and WDNR staff review objectives and activities relating to the SIP, across categories including mobile source programs, ambient air monitoring, NAAQS implementation, and regional haze. Within each category, EPA and WDNR staff discuss progress towards specific commitments, such as conducting vehicle emissions testing in ozone nonattainment areas, operating ozone monitors, implementing maintenance plans in areas that have been redesignated to attainment of the 2015 ozone NAAQS, and issuing air quality forecasts for criteria pollutants including ozone. The EnPPA process does not require documentation of every commitment in every year, however when progress within each commitment is discussed, EPA and WDNR consistently agree that Wisconsin's progress is ongoing or satisfactory.

Comment: A commenter alleges that EPA cannot finalize approval of Wisconsin's submission as meeting the infrastructure SIP requirements of CAA section 110(a)(2)(C), section 110(a)(2)(D)(i)(II) relating to the Prevention of Significant Deterioration (PSD), or section 110(a)(2)(J). The commenter notes EPA's January 17, 2017 (82 FR 5182), rulemaking promulgating revisions to the Guideline on Air Quality Models at appendix W to 40 CFR part 51 (“Guideline”), which required states to integrate the revisions no later than January 17, 2018. The commenter cites EPA's July 6, 2020 (85 FR 40165), rulemaking proposing approval of elements of an infrastructure SIP submission from Kentucky, which expressed EPA's view that applications of the Guideline include the infrastructure requirements relating to PSD, which means the requirements at CAA section 110(a)(2)(C), section 110(a)(2)(D)(i)(II) relating to PSD, and section 110(a)(2)(J). The commenter notes that the Wisconsin Administrative Code Chapter Natural Resources (NR) 405.10 specifies that modeling required under the state's PSD rules shall be based on the Guideline, but NR 484.04 incorporates by reference the version of the Guideline that was in effect on August 1, 2016. The commenter acknowledges that states with references to earlier versions of the Guideline may be able to rely on their authority to use alternative models to satisfy these infrastructure requirements but suggests that neither Wisconsin nor EPA has confirmed the state's ability to implement the current version of the Guideline.

Response: The air quality modeling procedures at NR 405.10 were approved into the Wisconsin SIP on May 27, 1999 (64 FR 28745), as part of the state's PSD program. EPA agrees with the commenter that NR 405.10 incorporates by reference the version of the Guideline that was effective on August 1, 2016, which is not the current version of the Guideline. However, as the commenter suggests, Wisconsin has the authority to conduct modeling according to the current Guideline under substitution procedures provided within NR 405.10. Specifically, where it is inappropriate to use the modeling procedures provided in the earlier Guideline that is incorporated by reference, then NR 405.10 provides that another model may be substituted. NR 405.10 further provides that a substitution shall be subject to public comment procedures and that approval of the EPA Administrator shall be obtained for any substitution.

In EPA's January 17, 2017, rulemaking promulgating revisions to the Guideline, EPA explained to states that the new revisions to the Guideline “must be integrated into the regulatory processes of respective reviewing authorities and followed by applicants” by January 17, 2018. In EPA's view, by issuing this direction to states to begin using the revised Guideline, the Agency has in effect provided its approval for the state to substitute the current Guideline in place of an earlier Guideline, which thus functionally satisfies the requirement for administrator approval at NR 405.10. Were the state seeking to use some alternative approach that EPA had not already determined to be appropriate by updating the Guideline and instructing states to integrate it into their programs, then the EPA approval process required in NR 405.10 would still apply. Further, any PSD application is already subject to the public participation requirements at NR 405.15, which satisfies the requirement at NR 405.10 for public comment on air quality modeling. EPA therefore concludes that the SIP-approved modeling procedures at NR 405.10 are adequate to authorize and allow the state to conduct modeling according to the current Guideline, and thus adequate to meet the infrastructure requirements relating to PSD at CAA section 110(a)(2)(C), section 110(a)(2)(D)(i)(II), and section 110(a)(2)(J).

III. What action is EPA taking?

EPA is approving most elements of a submission from Wisconsin certifying that its current SIP is sufficient to meet the required infrastructure elements under section 110(a)(1) and (2) for the 2015 ozone NAAQS.

EPA's actions for the state's satisfaction of infrastructure SIP requirements pursuant to section ( print page 70504) 110(a)(2) and NAAQS are contained in the table below.

Element	2015 Ozone
(A)—Emission limits and other control measures	A
(B)—Ambient air quality monitoring/data system	A
(C)1—Program for enforcement of control measures	A
(C)2—Minor NSR	A
(C)3—PSD	A
(D)1—I Prong 1: Interstate transport—significant contribution to nonattainment	NA
(D)2—I Prong 2: Interstate transport—interference with maintenance	NA
(D)3—II Prong 3: Interstate transport—interference with PSD	A
(D)4—II Prong 4: Interstate transport—interference with visibility protection	A
(D)5—Interstate and international pollution abatement	A
(E)1—Adequate resources	A
(E)2—State board requirements	A
(F)—Stationary source monitoring system	NA
(G)—Emergency powers	A
(H)—Future SIP revisions	A
(I)—Nonattainment planning requirements of part D	*
(J)1—Consultation with government officials	A
(J)2—Public notification	A
(J)3—PSD	A
(J)4—Visibility protection	*
(K)—Air quality modeling/data	A
(L)—Permitting fees	A
(M)—Consultation/participation by affected local entities	A

In the above table, the key is as follows:

A	Approve.
NA	No Action/Separate Rulemaking.
*	Not germane to infrastructure SIPs.