[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Rules and Regulations]
[Pages 17865-17868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7968]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0731; FRL-9129-7]
Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; Particulate Matter Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Wisconsin updated its state ambient air quality standards
rules to match the current Federal standards. The updates were made to
the particulate matter standards by adding fine particulate standards
and revoking the state's course particulate standards. EPA revised its
particulate matter standards in October 2006 by strengthening the 24-
hour fine particulate standard and revoking the annual standard for
course particulate. EPA is approving the revisions to the Wisconsin
State Implementation Plan (SIP) as requested by the state on September
11, 2009.
[[Page 17866]]
DATES: This direct final rule will be effective June 7, 2010, unless
EPA receives adverse comments by May 10, 2010. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0731, by one of the following methods:
1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (312) 692-2511.
4. Mail: Michael Compher, Acting Chief, Criteria Pollutant Section,
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Michael Compher, Acting Chief, Criteria Pollutant
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-
2009-0731. 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.
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
the disclosure of which 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
Federal holidays. We recommend that you telephone Matt Rau,
Environmental Engineer, at (312) 886-6524 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, [email protected].
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 is the background for this action?
II. What is EPA's analysis of the revision?
III. What are the environmental effects of this action?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. What is the background for this action?
Wisconsin requested a revision to its SIP on September 11, 2009.
The request is to update the particulate matter ambient air quality
standards. The particulate matter standards were revised to match the
2006 Federal standards. On October 17, 2006, EPA revised its
particulate matter ambient air quality standards, strengthening the 24-
hour fine particulate (PM2.5) standard and retaining the
annual PM2.5 standard. EPA also revoked the annual standard
for coarse particulate matter (PM10) because available
evidence did not suggest a link between long term PM10
exposure and health problems. The 24-hour PM10 standard
remains in place.
II. What is EPA's analysis of the revision?
Wisconsin revised chapters NR 404 and 484 of the Wisconsin
Administration Code. Wisconsin added the definition of PM2.5
and the PM2.5 ambient air quality standards to its rules to
be consistent with current Federal standards. Wisconsin also removed
the annual PM10 standard.
The revisions made by Wisconsin are in accordance with the current
Federal PM2.5 and PM10 standards. EPA
strengthened the particulate matter ambient air quality standards in
2006 to reflect the latest scientific data for protecting human health,
and Wisconsin has adopted the same standards to keep its ambient air
quality standards current with the Federal standards.
III. What are the environmental effects of this action?
This action incorporates the Federal PM2.5 and
PM10 ambient air quality standards into the Wisconsin SIP,
including the more stringent standard for 24-hour PM2.5
standard. The current Federal standards are effective and enforceable
nationwide. The revisions add clarity for Wisconsin sources and
stakeholders, as it updates the PM10 standards and adds the
PM2.5 standards to the state rules.
Particulate matter interferes with lung function when inhaled.
Exposure to particulates can cause heart and lung disease. Particulate
matter also aggravates asthma. Airborne particulate is the main source
of haze that causes a reduction in visibility. Particulate matter is
also deposited on the ground and in the water, changing nutrient and
chemical balances.
IV. What action is EPA taking?
EPA is approving revisions to the Wisconsin SIP. Wisconsin revised
chapters NR 404 and 484 of the Wisconsin Administration Code. In
chapter NR 404, the state removed the annual PM10 standard,
added the definition of PM2.5, and added the 2006
PM2.5 standards. Wisconsin incorporated by reference the
Code of Federal Regulations (CFR) monitoring requirements into chapter
NR 484 that correspond to the chapter NR 404 revisions. Specifically,
Wisconsin incorporated 40 CFR part 50 appendices K, L, and M and 40 CFR
part 53 by reference into chapter NR 484.
We are publishing this action without prior proposal because we
view this as
[[Page 17867]]
a noncontroversial amendment and anticipate no adverse comments.
However, in the proposed rules section of this Federal Register
publication, we are publishing a separate document that will serve as
the proposal to approve the state plan if relevant adverse written
comments are filed. This rule will be effective June 7, 2010 without
further notice unless we receive relevant adverse written comments by
May 10, 2010. If we receive such comments, we will withdraw this action
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on the proposed action. EPA
will not institute a second comment period. Any parties interested in
commenting on this action should do so at this time. If we do not
receive any comments, this action will be effective June 7, 2010.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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).
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 June 7, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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.
Dated: March 11, 2010.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
0
40 CFR 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.
Subpart YY--Wisconsin
0
2. Section 52.2570 is amended by adding paragraph (c)(121) to read as
follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(121) On September 11, 2009, the Wisconsin Department of Natural
Resources submitted a State Implementation Plan revision request. The
state's ambient air quality standards were revised to match the 2006
Federal ambient air quality standards for particulate matter
(PM10 and PM2.5).
(i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference:
(A) NR 404.02 Definitions. NR 404.02(4e) ``PM2.5'' as
published in the Wisconsin Administrative Register, on September 30,
2009, No. 645, effective October 1, 2009.
(B) NR 404.04 Ambient Air Quality Standards. NR 404.04(8)
``PM10: PRIMARY AND SECONDARY STANDARDS.'' and NR 404.04(9)
``PM2.5:
PRIMARY AND SECONDARY STANDARDS'' as published in the Wisconsin
Administrative Register, on September 30, 2009, No. 645, effective
October 1, 2009.
(ii) Additional material.
(A) NR 484.03 Code of federal regulations. NR 484.03(5) in Table 1
as published in the Wisconsin Administrative Register, on September 30,
2009, No. 645, effective October 1, 2009.
(B) NR 484.04 Code of federal regulations appendices. NR 484.04(6),
(6g), and (6r) in Table 2, as published in the Wisconsin Administrative
Register,
[[Page 17868]]
on September 30, 2009, No. 645, effective October 1, 2009.
* * * * *
[FR Doc. 2010-7968 Filed 4-7-10; 8:45 am]
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