[Federal Register: September 16, 2003 (Volume 68, Number 179)]
[Rules and Regulations]
[Page 54160-54163]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se03-3]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI111-1a; FRL-7547-5]
Approval and Promulgation of Implementation Plans; Wisconsin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency is approving a revision to
the Wisconsin particulate matter (PM) State Implementation Plan (SIP)
submitted by the Wisconsin Department of Natural Resources (WDNR) on
October 7, 2002. The request is approvable because it satisfies the
requirements of the Clean Air Act (Act). The rationale for the approval
and other information are provided in this document.
DATES: This rule is effective on November 17, 2003, unless EPA receives
adverse written comments by October 16, 2003. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: You may inspect copies of the documents relevant to this
action during normal business hours at the following location:
Regulation Development Section, Air Programs Branch, (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Please contact Christos Panos at (312) 353-
8328 before visiting the Region 5 office.
Send written comments to: Carlton Nash, Chief, Regulation
Development Section, Air Programs Branch, (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Comments may also be submitted electronically or through hand
delivery/courier, please follow the detailed instructions described in
Part (I)(B)(1)(i) through (iii)of the SUPPLEMENTARY INFORMATION
section.
FOR FURTHER INFORMATION CONTACT: Christos Panos, Regulation Development
Section, Air Programs Branch (AR-18J), United States Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-8328. panos.christos@epa.gov.
SUPPLEMENTARY INFORMATION: This Supplementary Information section is
organized as follows:
I. General Information
II. Review of State Implementation Plan Revision
1. What did Wisconsin submit for approval into the SIP?
2. Why did the State submit this SIP Revision?
3. Why is EPA taking this action?
4. What is the background for this action?
III. What Action is EPA Taking?
IV. Is this Action Final, or May I Submit Comments?
V. Statutory and Executive Order Reviews.
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. EPA
has established an official public rulemaking file for this action
under ``Region 5 Air Docket WI111''. The official public file consists
of the documents specifically referenced in this action, any public
comments received, and other information related to this action.
Although a part of the official docket, the public rulemaking file does
not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public rulemaking file is the collection of materials that is available
for public viewing at the Air Programs Branch, Air and Radiation
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois
60604. EPA requests that if at all possible, you contact the contact
listed in the For Further Information Contact section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30 excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the Regulations.gov Web site located at http://www.regulations.gov
where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide
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a reference to that material in the version of the comment that is
placed in the official public rulemaking file. The entire printed
comment, including the copyrighted material, will be available at the
Regional Office for public inspection.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket WI111'' in
the subject line on the first page of your comment. Please ensure that
your comments are submitted within the specified comment period.
Comments received after the close of the comment period will be marked
``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
nash.carlton@epa.gov. Please include the text ``Public comment on
proposed rulemaking Region 5 Air Docket WI111'' in the subject line.
EPA's e-mail system is not an ``anonymous access'' system. If you send
an e-mail comment directly without going through Regulations.gov, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket.
ii. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then click on the button
``TO SEARCH FOR REGULATIONS CLICK HERE'', and select Environmental
Protection Agency as the Agency name to search on. The list of current
EPA actions available for comment will be listed. Please follow the
online instructions for submitting comments. The system is an
``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM
that you mail to the mailing address identified in section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to: Carlton Nash, Chief, Regulation
Development Section, Air Programs Branch, (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Please include the text ``Public comment on proposed
rulemaking Regional Air Docket WI111'' in the subject line on the first
page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: Carlton
Nash, Chief, Regulation Development Section, Air Programs Branch, (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30 excluding Federal holidays.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
II. Review of State Implementation Plan Revision
1. What Did Wisconsin Submit for Approval Into the SIP?
The October 7, 2002 revision submitted by WDNR requests that EPA
approve certain amended provisions to chapter NR 415, Wisconsin
Administrative Code (ch. NR 415), repeal sections NR 415.04(5), NR
415.05(5) and NR 415.06(5), and add section NR 415.035 into the
Wisconsin PM SIP. Specifically, newly created section NR 415.035
contains a description of the geographic areas where the PM
requirements would continue to be in effect. The areas described are
identical to the current state total suspended particulates (TSP)
nonattainment areas. The amendments to ch. NR 415 replace the term
``nonattainment area'' with a reference to the new section NR 415.035.
The repealed sections of ch. NR 415 refer to PM emission limitation
compliance schedules whose deadlines have already passed.
2. Why Did the State Submit This SIP Revision?
The revision to the rule changed the applicability of certain PM
emission limiting requirements by substituting for the term
``nonattainment area'' a description of the geographic areas where the
requirements would continue to be in effect. The revised rule will
allow the state to retain the emission limits and RACT requirements
which helped lower PM concentrations in those areas and ensure that the
PM National Ambient Air Quality Standards (NAAQS) are maintained.
3. Why Is EPA Taking This Action?
EPA is taking this action because the State's request does not
change any of the emission limitations currently in the PM SIP. The
revision to the Wisconsin PM SIP does not approve any new construction
or allow an increase in emissions, thereby providing for attainment and
maintenance of the PM NAAQS and satisfying the applicable PM
requirements of the Act.
[[Page 54162]]
4. What Is the Background for This Action?
The original PM NAAQS and increments were based on the TSP
indicator. On July 1, 1987 (52 FR 24634), EPA replaced TSP as the
indicator for the primary and secondary particulate NAAQS with a new
indicator that includes only those particles with an aerodynamic
diameter less than or equal to a nominal 10 micrometers. EPA replaced
the TSP increments with PM increments on June 3, 1994. Area
designations for TSP were therefore no longer necessary and serve no
useful purpose relative to Federal programs. EPA deleted all TSP area
designations in the State of Wisconsin on September 13, 1995 (60 FR
47485).
Wisconsin, however, chose to retain the 24-hour TSP standard and
TSP designations at the state level. This was done so that the emission
limits and reasonably available control technology (RACT) requirements
in the SIP remained in effect, even after EPA abolished the TSP
standard and deleted all of Wisconsin's TSP designations. The current
federally approved PM SIP, in ch. NR 415, includes rules which
specifically apply emission limits and RACT requirements to any areas
designated as TSP nonattainment.
III. What Action Is EPA Taking?
In this action, EPA is approving revisions to chapter NR 415,
Wisconsin Administrative Code into the Wisconsin PM SIP. The state
submitted this SIP revision on October 7, 2002. The changes to the rule
will allow Wisconsin to redesignate certain State-designated TSP
nonattainment areas to attainment while retaining the PM limits and
control requirements which helped lower PM concentrations in those
areas. As described above, this submittal provides for attainment and
maintenance of the PM NAAQS and is therefore fully approvable.
IV. Is This Action Final, or May I Submit Comments?
EPA is publishing this action without prior proposal, because EPA
views this as a noncontroversial revision and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, EPA is proposing to approve the SIP revision. Should EPA
receive adverse written comments by October 16, 2003, we will withdraw
this direct final and respond to any comments in a final action. If EPA
does not receive adverse comments, this action will be effective
without further notice. Any parties interested in commenting on this
action should do so at this time. If we do not receive comments, this
action will be effective on November 17, 2003.
V. Statutory and Executive Order Reviews.
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
For this reason, this action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves State law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under State
law and does not impose any additional enforceable duty beyond that
required by State law, it 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. 104-4).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a State rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children From Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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 rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
[[Page 54163]]
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 17, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: July 25, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
Title 40 of the Code of Federal Regulations, chapter I, part 52, is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.2570 is amended by adding paragraph (c)(109) to read as
follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(109) On October 7, 2002, the Wisconsin Department of Natural
Resources submitted a State Implementation Plan (SIP) revision for the
control of emissions of particulate matter (PM) in the state of
Wisconsin. This revision will allow certain state designated
nonattainment areas for total suspended particulates (TSP) to be
redesignated to attainment while retaining the emission limits and
control requirements which helped lower PM concentrations in those
areas. Specifically, EPA is approving into the PM SIP certain
provisions to chapter NR 415, Wisconsin Administrative Code, and
repealing sections NR 415.04(5), NR 415.05(5) and NR 415.06(5).
(i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
(A) NR 415.035 as created and published in the (Wisconsin)
Register, October 2001, No. 550, effective November 1, 2001.
(B) NR 415.04(2)(intro.), NR 415.04(3)(intro.), NR 415.04(3)(a), NR
415.04(4)(intro.), NR 415.04(4)(b), NR 415.05(3)(intro.), NR
415.06(3)(intro.), NR 415.06(4), and NR 415.075(3)(intro.) as amended
and published in the (Wisconsin) Register, October 2001, No. 550,
effective November 1, 2001.
[FR Doc. 03-23426 Filed 9-15-03; 8:45 am]
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