Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 52  /  Sec. 52.2591 Section 110(a)(2) infrastructure requirements.

(a) Approval. In a December 12, 2007 submittal, supplemented on January 24, 2011 and March 28, 2011, Wisconsin certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (C), (D)(ii), (E) through (H), and (J) through (M) for the 1997 8-hour ozone NAAQS. EPA is not finalizing its proposed approval of the submission from the State of Wisconsin with respect to two narrow issues that relate to section 110(a)(2)(C): The requirement for consideration of NOx as a precursor to ozone; and (ii) the definition of ``major modification'' related to fuel changes for certain sources. EPA will address these issues in a later action.

(b) Approval. In a December 12, 2007 submittal, supplemented on January 24, 2011 and March 28, 2011, Wisconsin certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (C), (D)(ii), (E) through (H), and (J) through (M) for the 1997 PM2.5 NAAQS. EPA is not finalizing its proposed approval of the submission from the State of Wisconsin with respect to two narrow issues that relate to section 110(a)(2)(C): The requirement for consideration of NOx as a precursor to ozone; and the definition of ``major modification'' related to fuel changes for certain sources. EPA will address these issues in a later action.

(c) Disapproval. EPA is disapproving the portions of Wisconsin's infrastructure SIP for the 1997 ozone NAAQS with respect to two narrow issues that relate to section 110(a)(2)(C):

(1) The requirement for consideration of NOx as a precursor to ozone; and

(2) The definition of ``major modification'' related to fuel changes for certain sources.

(d) Disapproval. EPA is disapproving the portions of Wisconsin's infrastructure SIP for the 1997 PM2.5 NAAQS with respect to two narrow issues that relate to section 110(a)(2)(C):

(1) The requirement for consideration of NOx as a precursor to ozone; and

(2) The definition of ``major modification'' related to fuel changes for certain sources.

(e) Approval and Disapproval--In a January 24, 2011, submittal, supplemented on March 28, 2011, and June 29, 2012, Wisconsin certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2006 24-hour PM2.5 NAAQS. We are not finalizing action on (D)(i)(I), the visibility protection requirements of (D)(i)(II), and the state board requirements of (E)(ii). We will address these requirements in a separate action. We are disapproving narrow portions of Wisconsin's infrastructure SIP submission addressing the relevant prevention of significant deterioration requirements of the 2008 NSR Rule (identifying PM2.5 precursors and the regulation of PM2.5 and PM10 condensables in permits) with respect to section 110(a)(2)(C), (D)(i)(II), and (J).

(f) Approval--In a July 26, 2012, submittal, Wisconsin certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2008 lead (Pb) NAAQS. We are not taking action on the prevention of significant deterioration requirements related to section 110(a)(2)(C), (D)(i)(II), and (J), and the state board requirements of (E)(ii). We will address these requirements in a separate action. [76 FR 41086, July 13, 2011, as amended at 77 FR 35873, June 15, 2012; 77 FR 65488, Oct. 29, 2012; 79 FR 41442, July 16, 2014]