[Federal Register: April 20, 2007 (Volume 72, Number 76)]
[Proposed Rules]
[Page 19829-19834]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap07-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0609; FRL-8302-7]
Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; NSR Reform Regulations, Rule AM-06-04
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve certain revisions to Wisconsin's
prevention of significant deterioration (PSD) and non-attainment new
source review (NSR) construction permit programs submitted on May 25,
2006. On December 31, 2002, EPA published revisions to the federal PSD
and non-attainment NSR regulations. These revisions are commonly
referred to as ``NSR Reform'' regulations, which became effective on
March 3, 2003. These regulatory revisions include provisions for
determining baseline actual emissions, provisions for promulgating
actual-to-future actual methodology, provisions for establishing
Plantwide Applicability Limits (PALs), provisions for using the Clean
Unit test, and, provisions for using Pollution Control Projects (PCP).
On June 24, 2005, the United States Court of Appeals for the
District of Columbia Circuit (DC Circuit Court) issued its ruling on
challenges to the December 2002 NSR reform revisions. Although the
Court upheld most of EPA's rules, it vacated both the Clean Unit and
the PCP provisions. In addition, the Court remanded to EPA the
provision that requires recordkeeping and reporting for sources that
elect to use the actual-to-projected actual emission test only where
there is a reasonable possibility that a project may result in a
significant net emissions increase. EPA is currently working on
promulgating a rule that will clarify the reasonable possibility
provision. EPA's final decision with regard to the remand may require
Wisconsin to revise this portion of its rules to be consistent with
EPA's definition of reasonable possibility. The Wisconsin Department of
Natural Resources (WDNR) is seeking approval of rule AM-06-04 to
implement the NSR Reform provisions that have not been vacated by the
June 24, 2005, DC Circuit Court decision. This action affects major
stationary sources in Wisconsin that are subject to or potentially
subject to the PSD, and non-attainment NSR construction permit
programs.
DATES: Comments must be received on or before May 21, 2007.
[[Page 19830]]
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0609, by one of the following methods:
http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: blakley.pamela@epa.gov.
Fax: (312)886-5824.
Mail: Pamela Blakley, Chief, Air Permits Section, Air
Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: Pamela Blakley, Chief, Air Permits Section,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are
only accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m. excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0609. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.
The http://www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. 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. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy 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 legal holidays. We
recommend that you telephone Danny Marcus, Environmental Engineer, at
(312) 353-8781 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Danny Marcus, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-8781, marcus.danny@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What Should I Consider as I Prepare My Comments for EPA?
II. What Is Being Addressed in This Document?
III. What Are the Changes That EPA Is Proposing To Approve?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare My Comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What Is Being Addressed in This Document?
We are proposing to approve rule AM-06-04 as a revision to the PSD
and non-attainment NSR construction permit programs for the State of
Wisconsin. EPA granted full approval to Wisconsin's non-attainment NSR
program on January 18, 1995 (60 FR 3538) and the approval became
effective on February 17, 1995. EPA granted final full approval to
Wisconsin's PSD program on May 27, 1999 (64 FR 28745), which became
effective on June 28, 1999.
On December 31, 2002, EPA published revisions to the federal PSD
and non-attainment NSR regulations in 40 CFR Parts 51 and 52 (67 FR
80186). These revisions are commonly referred to as ``NSR Reform''
regulations and became effective on March 3, 2003. These regulatory
revisions included provisions for determining baseline actual
emissions, provisions for promulgating actual-to-future actual
methodology, provisions for establishing Plantwide Applicability Limits
(PALs), provisions for using the Clean Unit test, and, provisions for
using Pollution Control Projects (PCP). As stated in the December 31,
2002, EPA rulemaking, state and local permitting agencies must adopt
and submit revisions to their part 51 permitting programs implementing
the minimum program elements of that rulemaking no later than January
2, 2006 (67 FR 80240). With this submittal, Wisconsin requests approval
of program revisions that satisfy this requirement.
WDNR originally prepared rule changes to adopt a version of the
federal rule revisions which were subsequently authorized by the
Wisconsin Natural Resources Board for public hearing in December 2003.
After the DC Circuit Court ruled on the challenges of the federal NSR
changes, WDNR moved forward to adopt those portions of the reform rules
that the Court upheld and clarify those portions that the Court
remanded back to EPA. WDNR submitted these regulatory revisions on May
22, 2006.
[[Page 19831]]
III. What Are the Changes That EPA Is Proposing To Approve?
Chapter NR 405--PSD rules
Section 1
NR 405.01(1) and (2)
WDNR has amended the language for ``applicability'' and ``purpose''
to be more consistent with the language of the federal rule in Sec.
51.166(a)(7)(i) and (ii), respectively, of the federal rule.
Section 2
NR 405.02(1)(Intro) and (a) to (c)
WDNR has amended the definition of ``actual emissions'' so that it
is more consistent with Sec. 51.166(b)(21)(i) of the federal rule.
Section 3
NR 405.02(1)(d)
WDNR has rescinded section NR 405.02(1)(d), which is the portion of
the definition of ``actual emissions'' that discussed actual emissions
from electric utility steam generating units. The new provision under
the definition of ``Baseline actual emissions'', under section NR
405.02(2m)(b) addresses the average rate of emissions per year from
existing electric utility steam generating units. This is consistent
with Sec. 51.166(b)(47)(i) of the federal rule.
Section 4
NR 405.02(2m)
WDNR has established the definition of ``baseline actual
emissions''. This is consistent with the definition in Sec.
51.166(b)(47) of the federal rule.
Section 5
NR 405.02(8) and (11)
WDNR has amended the definition of ``Building, structure, facility,
or installation'' to reflect its use of the phrase ``regulated NSR
contaminant'' to replace ``air contaminant.'' WDNR has amended the
definition of ``construction'' so that it is more consistent with the
definition in Sec. 51.166(b)(8) of the federal rule.
Section 6
NR 405.02(11c), (11e) and (11j)
WDNR has established the definitions of; ``Continuous emissions
monitoring system'' (CEMS), ``Continuous emissions rate monitoring
system'' (CERMS), and ``Continuous parameter monitoring system''
(CPMS). These definitions are consistent with Sec. 51.166(b)(43), (46)
and (45), respectively, of the federal rule.
Section 7
NR 405.02(12)
WDNR has established the definition of ``emissions unit''. This is
consistent with the definition in Sec. 51.166(b)(7) of the federal
rule.
Section 8
NR 405.02(20m)
WDNR has established the definition of ``Lowest Achievable Emission
Rate'' or ``LAER''. This is consistent with the definition in Sec.
51.166(b)(52) of the federal rule.
Section 9
NR 405.02(21) and (24)
WDNR has modified the definitions of ``Major modification'' and
``Net emissions increase'' to be more consistent with Sec.
51.166(b)(2) and (b)(3), respectively, of the federal rule. WDNR has
also added the language for ``routine maintenance, repair, and
replacement'' under section NR 405.02(21), which makes the rule more
consistent with Sec. 51.166(b)(2)(iii) of the federal rule.
Section 10
NR 405.02(24j)
WDNR has established the definition of ``Plant-wide applicability
limitation'' or ``PAL''. This is consistent with the definition in
Sec. 51.166(w)(2)(v) of the federal rule.
Section 11
NR 405.02(24m)
WDNR has rescinded section NR 405.02(24m), the definition of
pollution control projects (PCPs). This provision was vacated by the
D.C. Circuit Court. Therefore, WDNR is making its rules consistent with
the Court's decision.
Section 12
NR 405.02(25b), (25d), (25e), (25f)(a) and (25i)
WDNR has established the definitions of, ``Predictive emissions
monitoring system (PEMS)'', ``PSD program'', ``Project'', ``Projected
actual emissions'', and ``Regulated NSR air contaminant''. These
definitions are consistent with Sec. 51.166(b)(44), (42), (51), (40),
(49), respectively, of the federal rule.
Section 13
NR 405.02(27)(a)8., 17., and 18.
WDNR has rescinded sections NR 405.02(27)(a)8, 17, and 18. The
pollutants Mercury, Chlorofluorocarbons and Halons are not regulated by
the federal PSD rules. This is consistent with Sec. 51.166(b)(23)(i)
of the federal rule.
Section 14
NR 405.02(27m)
WDNR has established the definition of ``significant emissions
increase''. This is consistent with Sec. 51.166(b)(39) of the federal
rule.
Section 15
NR 405.025
WDNR has established a provision that provides a detailed
explanation of calculating increases in actual emissions from (1)
existing emission units, (2) new emission units, and (3) new and
existing emission units. This provision addresses actual emissions and
baseline actual emissions. This is consistent with the ``actual-to-
projected actual applicability test'' provisions that can be found at
Sec. 51.166(a)(7)(iv)(c), (d), and (f) of the federal rule.
Section 16
NR 405.16(3) and (4)
WDNR has added language regarding sources that choose to use the
actual-to-projected actual applicability test and do not trigger PSD.
WDNR specifies recordkeeping and reporting requirements for all sources
that elect to use the applicability test. The federal rules require a
source to follow the recordkeeping and reporting requirements in this
section if there is a ``reasonable possibility'' that a source may
exceed the projected actual emissions. The ``reasonable possibility''
clause of this provision of the federal rule was remanded to EPA in the
June 24, 2005, DC Circuit Court ruling. State of New York et al. v.
EPA, 413 F.3d 3 (DC Cir. 2005). At this time, EPA has not responded to
the remand order and this provision remains a part of the federal rule.
See 40 CFR 51.166(r)(6). As Wisconsin's requirement of recordkeeping
and reporting for all facilities using the actual-to-projected actual
applicability test is more stringent than the federal rule, we propose
to approve this approach.
Section 17
NR 405.18 PALs in Attainment Areas
NR 405.18(1)
This portion of 405.18 outlines the ``APPLICABILITY'' provision of
PALs. This provision is consistent with Sec. 51.166(w)(1) of the
federal rule.
NR 405.18(2)
This section of 405.18 outlines the ``DEFINITIONS'' provision of
PALs. The included definitions in this section are; ``Allowable
emissions'', ``Major emissions unit'', ``PAL effective date'',
[[Page 19832]]
``PAL effective period'', ``PAL major modification'', ``PAL permit'',
``PAL regulated air contaminant'', ``Significant emissions unit'', and
``Small emissions unit''. This section is consistent with Sec.
51.166(w)(2) of the federal rule.
NR 405.18(3)
This section of 405.18 outlines the ``PERMIT APPLICATION
REQUIREMENTS'' provision of PALs. This provision is consistent with
Sec. 51.166(w)(3) of the federal rule.
NR 405.18(4)
This section of 405.18 outlines the ``GENERAL REQUIREMENTS FOR
ESTABLISHING PALS'' provision of PALs. This provision is consistent
with Sec. 51.166(w)(4) of the federal rule.
NR 405.18(5)
This section of 405.18 outlines the ``PUBLIC PARTICIPATION
REQUIREMENTS FOR PALS'' provision of PALs. This provision is consistent
with Sec. 51.166(w)(5) of the federal rule.
NR 405.18(6)
This section of 405.18 outlines the ``SETTING THE 10-YEAR PAL
LEVEL'' provision of PALs. This provision is consistent with Sec.
51.166(w)(6) of the federal rule.
NR 405.18(7)
This section of 405.18 outlines the ``CONTENTS OF THE PAL PERMIT''
provision of PALs. This provision is consistent with Sec. 51.166(w)(7)
of the federal rule.
NR 405.18(8)
This section of 405.18 outlines the ``PAL EFFECTIVE PERIOD AND
REOPENING OF THE PAL PERMIT'' provision of PALs. This provision is
consistent with Sec. 51.166(w)(8) of the federal rule.
NR 405.18(9)
This section of 405.18 outlines the ``EXPIRATION OF A PAL''
provision of PALs. This provision is consistent with Sec. 51.166(w)(9)
of the federal rule.
NR 405.18(10)
This section of 405.18 outlines the ``RENEWAL OF A PAL'' provision
of PALs. This provision is consistent with Sec. 51.166(w)(10) of the
federal rule.
NR 405.18(11)
This section of 405.18 outlines the ``INCREASING A PAL DURING THE
PAL EFFECTIVE PERIOD'' provision of PALs. This provision is consistent
with Sec. 51.166(w)(11) of the federal rule.
NR 405.18(12)
This section of 405.18 outlines the ``MONITORING REQUIREMENTS FOR
PALS'' provision of PALs. This provision is consistent with Sec.
51.166(w)(12) of the federal rule.
NR 405.18(13)
This section of 405.18 outlines the ``RECORDKEEPING REQUIREMENTS''
provision of PALs. This provision is consistent with Sec.
51.166(w)(13) of the federal rule.
NR 405.18(14)
This section of 405.18 outlines the ``REPORTING AND NOTIFICATION
REQUIREMENTS'' provision of PALs. This provision is consistent with
Sec. 51.166(w)(14) of the federal rule.
NR 405.18(15)
This section of 405.18 outlines the ``TRANSITION REQUIREMENTS''
provision of PALs. This provision is consistent with Sec.
51.166(w)(15) of the federal rule.
Chapter NR 408--Nonattainment Major NSR Program
Section 18
NR 408.02(1)
WDNR has established the definition of ``Actual emissions''. This
is consistent with the definition in Sec. 51.165(a)(1)(xii) of the
federal rule.
Section 19
NR 408.02(2m)
WDNR has established the definition of ``Baseline actual
emissions''. This is consistent with the definition in Sec.
51.165(a)(1)(xxxv) of the federal rule.
Section 20
NR 408.02(4), (5), and (11)
WDNR has established the definitions of ``Best available control
technology'' or ``BACT'', ``Building, structure, facility or
installation'', and ``Construction''. These definitions are consistent
with the definitions in Sec. Sec. 51.165(a)(1)(xl), 51.165(a)(1)(ii),
and 51.165(a)(1)(xviii), respectively, of the federal rule.
Section 21
NR 408.02(11e), (11m) and (11s)
WDNR has established the definitions of; ``Continuous emissions
monitoring system'' or ``CEMS'', ``Continuous emissions rate monitoring
system'' or ``CERMS'', and ``Continuous parameter monitoring system''
or ``CPMS''. These definitions are consistent with Sec.
51.165(a)(1)(xxxi), (xxxiv) and (xxxiii), respectively, of the federal
rule.
Section 22
NR 408.02(13)
WDNR has established the definition of ``emissions unit''. This is
consistent with the definition in Sec. 51.165(a)(1)(vii) of the
federal rule.
Section 23
NR 408.02(13m)
WDNR has established the definition of ``federal land manager''.
This is consistent with the definition in Sec. 51.165(a)(1)(xlii) of
the federal rule.
Section 24
NR 408.02(20)
WDNR has established the definition of ``major modification''. This
is consistent with the definition in Sec. 51.165(a)(1)(v) of the
federal rule. WDNR has also added the language for ``routine
maintenance, repair, and replacement'' under section NR 408.02(20),
which makes the rule more consistent with Sec. 51.165(a)(1)(v)(C) of
the federal rule.
Section 25
NR 408.02(21)(a)1.(Intro)
WDNR has modified this paragraph so that ``air pollutants'' are now
``air contaminants''. WDNR's rules are replacing ``pollutants'' with
``contaminants'', and the criteria pollutants are referred to as; ``NSR
air contaminants''.
Section 26
NR 408.02(23)
WDNR has modified the definition of ``net emissions increase'' to
be more consistent with Sec. 51.165(a)(1)(vi) of the federal rule.
Section 27
NR 408.02(24m) and (25s)
WDNR has established the definitions for ``nonattainment major new
source review'' and ``plant-wide applicability limitation''. These
definitions are consistent with Sec. Sec. 51.165(a)(1)(xxx) and Sec.
51.165(f)(2)(v), respectively, of the federal rule.
Section 28
NR 408.02(27)
WDNR has rescinded the existing PCP provision, which is consistent
with the federal rules.
Section 29
NR 408.02(28e), (28j), (28m), (28s)(a), (29m), and (32m)
WDNR has established the definition of; ``predictive emissions
monitoring
[[Page 19833]]
system'' or ``PEMS'', ``prevention of significant deterioration
permit'' or ``PSD Permit'', ``project'', ``projected actual
emissions'', ``regulated NSR air contaminant'', and ``significant
emissions increase''. These definitions are consistent with Sec. Sec.
51.165(a)(1)(xxxii), 51.165(a)(1)(xli), 51.165(a)(1)(xxxix),
51.165(a)(1)(xxviii), 51.165(a)(1)(xxxvii), and 51.165(a)(1)(xxvii),
respectively, of the federal rule. However, as a small deviation to
note, WDNR has chosen to refer to an NSR pollutant as an NSR air
contaminant.
Section 30
NR 408.025
WDNR has established a provision that provides a detailed
explanation of calculating increases in actual emissions from (1)
existing emission units, (2) new emission units, and (3) new and
existing emission units. This provision addresses actual emissions and
baseline actual emissions. This is consistent with the ``actual-to-
projected actual applicability test'' provisions that can be found at
Sec. 51.165(a)(2)(ii)(C), (D), and (F) of the federal rule.
Section 31
NR 408.06(10)
WDNR has established this provision consistent with Sec.
51.165(a)(3)(ii)(J) of the federal rule, regarding the total increase
in emissions resulting from a major modification.
Section 32
NR 408.10(5) and (6)
WDNR has added language regarding sources that choose to use the
actual-to-projected actual applicability test and do not exceed the
significance threshold for any pollutant regulated by chapter NR 408.
WDNR specifies recordkeeping and reporting requirements for all sources
that elect to use the applicability test. The federal rules require a
source to follow the recordkeeping and reporting requirements in this
section if there is a ``reasonable possibility'' that a source may
exceed the projected actual emissions. The ``reasonable possibility''
clause of this provision of the federal rule has been remanded to EPA
in the June 24, 2005, DC Circuit Court ruling. State of New York et al.
v. EPA, 413 F.3d 3 (DC Cir. 2005). At this time, EPA has not responded
to the remand order and this provision remains a part of the federal
rule. See 40 CFR 51.165(a)(6). As Wisconsin's requirement of
recordkeeping and reporting for all facilities using the actual-to-
projected actual applicability test is more stringent than the federal
rule in that it applies to all sources and not just where there is a
``reasonable possibility'' that the source may exceed the projected
actual emissions, we propose to approve this approach.
Section 33
NR 408.11 PALs in Non-Attainment Areas
NR 408.11(1)
This portion of 408.11 outlines the ``APPLICABILITY'' provision of
PALs. This provision is consistent with Sec. 51.165(f)(1) of the
federal rule.
NR 408.11(2)
This section of 405.18 outlines the ``DEFINITIONS'' provision of
PALs. The included definitions in this section are; ``allowable
emissions'', ``major emissions unit'', ``PAL effective date'', ``PAL
effective period'', ``PAL major modification'', ``PAL permit'', ``PAL
regulated air contaminant'', ``significant emissions unit'', and
``small emissions unit''. This section is consistent with Sec.
51.165(f)(2) of the federal rule.
NR 408.11(3)
This section of 408.11 outlines the ``PERMIT APPLICATION
REQUIREMENTS'' provision of PALs. This provision is consistent with
Sec. 51.165(f)(3) of the federal rule.
NR 408.11(4)
This section of 408.11 outlines the ``GENERAL REQUIREMENTS FOR
ESTABLISHING PALS'' provision of PALs. This provision is consistent
with Sec. 51.165(f)(4) of the federal rule.
NR 408.11(5)
This section of 408.11 outlines the ``PUBLIC PARTICIPATION
REQUIREMENTS FOR PALS'' provision of PALs. This provision is consistent
with Sec. 51.165(f)(5) of the federal rule.
NR 408.11(6)
This section of 408.11 outlines the ``SETTING THE 10-YEAR PAL
LEVEL'' provision of PALs. This provision is consistent with Sec.
51.165(f)(6) of the federal rule.
NR 408.11(7)
This section of 408.11 outlines the ``CONTENTS OF THE PAL PERMIT''
provision of PALs. This provision is consistent with Sec. 51.165(f)(7)
of the federal rule.
NR 408.11(8)
This section of 408.11 outlines the ``PAL EFFECTIVE PERIOD AND
REOPENING OF THE PAL PERMIT'' provision of PALs. This provision is
consistent with Sec. 51.165(f)(8) of the federal rule.
NR 408.11(9)
This section of 408.11 outlines the ``EXPIRATION OF A PAL''
provision of PALs. This provision is consistent with Sec. 51.165(f)(9)
of the federal rule.
NR 408.11(10)
This section of 408.11 outlines the ``RENEWAL OF A PAL'' provision
of PALs. This provision is consistent with Sec. 51.166(f)(10) of the
federal rule.
NR 408.11(11)
This section of 408.11 outlines the ``INCREASING A PAL DURING THE
PAL EFFECTIVE PERIOD'' provision of PALs. This provision is consistent
with Sec. 51.165(f)(11) of the federal rule.
NR 408.11(12)
This section of 408.11 outlines the ``MONITORING REQUIREMENTS FOR
PALS'' provision of PALs. This provision is consistent with Sec.
51.165(f)(12) of the federal rule.
NR 408.11(13)
This section of 408.11 outlines the ``RECORDKEEPING REQUIREMENTS''
provision of PALs. This provision is consistent with Sec.
51.165(f)(13) of the federal rule.
NR 408.11(14)
This section of 408.11 outlines the ``REPORTING AND NOTIFICATION
REQUIREMENTS'' provision of PALs. This provision is consistent with
Sec. 51.165(f)(14) of the federal rule.
NR 408.11(15)
This section of 408.11 outlines the ``TRANSITION REQUIREMENTS''
provision of PALs. This provision is consistent with Sec.
51.165(f)(15) of the federal rule.
Section 34
NR 484.04(21)
This section is amended by WDNR so that the performance
specifications in 40 CFR part 60, Appendix B, are incorporated by
reference. Appendix B contains CEM performance specifications that are
required by chapters NR 405 and NR 408. We propose to approve this
provision into the SIP.
Section 35
NR 484.04(27m)
This section was created by WDNR to incorporate by reference, 40
CFR part 82, Subpart A, for the ozone depleting substance list that
existed in the
[[Page 19834]]
Pollution Control Project provision that was in the original version of
the rules. The Pollution Control Project provision has been vacated.
However, this section will remain in the rules in case it is needed for
reference in the future. We propose to approve this provision into the
SIP.
Section 36
This section states the date rule AM-06-04 becomes effective by
WDNR. The date will be the first day of the month following publication
in the Wisconsin administrative register. Also, WDNR will not publish
the rule until EPA approves it.
Section 37
This section contains the date the rule is approved to be adopted
by the State of Wisconsin Natural Resources Board.
IV. What Action Is EPA Taking Today?
EPA is proposing to approve into the Wisconsin State Implementation
Plan (SIP) the revisions to WDNR's PSD and Non-attainment NSR
construction permits program submitted by WDNR on May 25, 2006. These
revisions meet the minimum program requirements of the December 31,
2002, EPA NSR Reform rulemaking.
VI. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, September 30, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Paperwork Reduction Act
This proposed 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.).
Regulatory Flexibility Act
This proposed action merely proposes to approve state law as
meeting federal requirements and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this proposed 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 proposes to approve 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 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 proposes to approve 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 13175: Consultation and Coordination With Indian Tribal
Governments
This proposed 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 13045: Protection of Children From Environmental Health
and Safety Risks
This proposed 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.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or is likely to have a significant adverse effect
on the supply, distribution, or the use of energy, 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).
National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272 note, requires federal agencies to
use technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impractical. In
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Absent a
prior existing requirement for the state to use voluntary consensus
standards, EPA has no authority to disapprove a SIP submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA
do not apply.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 11, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7-7541 Filed 4-19-07; 8:45 am]
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