[Federal Register Volume 60, Number 177 (Wednesday, September 13, 1995)]
[Rules and Regulations]
[Pages 47485-47487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22620]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[WI56-01-7019a; FRL-5289-3]


Designation of Areas for Air Quality Planning Purposes; Wisconsin

AGENCY: U.S. Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: In this action USEPA is removing all total suspended 
particulate (TSP) area designations in the State of Wisconsin. This 
direct final action was prompted by the Wisconsin Department of Natural 
Resources' (WDNR) April 20, 1994 request to redesignate portions of the 
cities of Brokaw, Green Bay, Kenosha, Madison, Manitowac, Marshfield, 
Milwaukee, Oshkosh, 

[[Page 47486]]
Racine, Superior and Waukesha from secondary TSP nonattainment to 
attainment or unclassifiable for PM. On June 3, 1993 (58 FR 31622), 
USEPA published a final rule revising the prevention of significant 
deterioration (PSD) particulate matter increments, which became 
effective on June 4, 1994, so that the increments are measured in terms 
of particulate matter with an aerodynamic diameter less than 10 microns 
(PM). Section 107(d)(4)(B) of the Clean Air Act (Act) authorizes USEPA 
to eliminate all area TSP designations once the increments for PM are 
promulgated. The June 3, 1993 action also established the method by 
which USEPA deletes such TSP designations.

EFFECTIVE DATE: This final rule is effective November 13, 1995, unless 
USEPA receives adverse or critical comments by October 13, 1995. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the documents relevant to this action are 
available for inspection during normal business hours at the following 
location: (It is recommended that you telephone Christos Panos at (312) 
353-8328, before visiting the Region 5 office.) United States 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
Air Toxics and Radiation Branch, 77 West Jackson Boulevard, Chicago, 
Illinois 60604-3590.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental 
Engineer, Regulation Development Section, Air Toxics and Radiation 
Branch (AT-18J), United States Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604-3590, (312) 353-
8328.

SUPPLEMENTARY INFORMATION:

Background

    In 1971, USEPA promulgated primary and secondary National Ambient 
Air Quality Standards (NAAQS) for particulate matter to be measured as 
TSP. On July 1, 1987 (52 FR 242634), USEPA revised the NAAQS for 
particulate matter, replacing the TSP indicator with the PM indicator. 
On the same date, USEPA promulgated final regulations under 40 CFR part 
51 for State implementation of the revised NAAQS (52 FR 24672). In the 
preamble to that action, USEPA announced that, because of the 
importance of the section 107 area designations to the applicability of 
the TSP increments, it would retain the TSP designations beyond the 
date on which USEPA approves a State's revised PM State Implementation 
Plan (SIP). This would protect the applicability of the TSP increments 
until a PM increment system could be established.
    The 1990 Amendments to the Act contained several pertinent 
provisions relating to or affecting the TSP area designations. Under 
section 107(d)(4)(B) of the amended Act, Congress established by 
operation of law the first nonattainment area designations for PM, and 
mandated that areas not initially defined as nonattainment are 
considered to be unclassifiable. The entire State of Wisconsin was 
designated unclassifiable for PM under the 1990 Amendments to the Act. 
Moreover, section 107(d)(4)(B) provided that any designation for 
particulate matter (measured in terms of TSP) that the Administrator 
promulgated prior to the date of enactment of the 1990 Amendments shall 
remain in effect for purposes of implementing the maximum allowable 
concentrations of particulate matter (measured in terms of TSP) 
increments until the Administrator determines that such designation is 
no longer necessary for that purpose.
    On June 3, 1993 (58 FR 31622), under the authority of section 
166(f) of the Act, USEPA published the final rulemaking replacing the 
TSP increments with equivalent PM increments. As a result, the PSD 
increments and NAAQS will be measured by the same indicator. As stated 
at 58 FR 31635, for States already having delegated authority to 
implement the Federal PSD regulations ``USEPA will eliminate the TSP 
designations when the PM increments become effective under Sec. 52.21 
on June 3, 1994.'' The USEPA has delegated to the State of Wisconsin 
the authority to implement the PSD program. The delegation agreement 
provides for automatic adoption of the revised PM increments once the 
increments become effective. In addition, USEPA approved the State's PM 
rules as a revision to the Wisconsin SIP on June 28, 1993 (58 FR 
34528).
    As suggested above, because the revised Act sets out the narrow 
purpose of maintaining the TSP designations only until promulgation of 
the PM increments, USEPA believes it is not required to examine the TSP 
air quality considerations of a TSP redesignation. However, there may 
be other air quality implications, especially PM impacts, which follow 
not from a TSP redesignation, but from a revision to existing TSP 
requirements. Sections 110(l) and 193 of the Act contain very specific 
restrictions on modifications or revisions to applicable implementation 
plans that may interfere with requirements of the Act or result in 
relaxations of control requirements. If the applicable TSP plan for the 
area has provisions which result in the automatic relaxation of control 
requirements upon the deletion of the area designations for TSP, then 
any such deletion should not be approved unless, consistent with 
section 193, such modification is accompanied with at least equivalent 
emission reductions. Similarly, if the applicable TSP implementation 
plan automatically is modified upon the deletion of the area 
designations for TSP, then any such deletion should not be approved 
unless such modification is accompanied with a demonstration that the 
revision does not interfere with requirements of the Act. The USEPA's 
technical support document dated May 25, 1995 discusses how the 
modifications and the TSP plan revision automatically occurring upon 
the deletion of the TSP designations will not interfere with any 
requirement of the Act, such as maintenance of the PM NAAQS, and will 
not result in an increase in particulate matter emissions.

Final Action

    Because TSP designations are no longer necessary and Wisconsin has 
already been designated as unclassifiable for PM, USEPA is taking 
action to delete all TSP area designations in the State of Wisconsin. 
The Agency believes that this is administratively more efficient than 
redesignating the TSP secondary nonattainment areas to attainment.

Miscellaneous

Comment and Approval Procedure

    The USEPA is publishing this action without prior proposal because 
USEPA views this action as a noncontroversial revision and anticipates 
no adverse comments. However, USEPA is publishing a separate document 
in this Federal Register publication, which constitutes a ``proposed 
approval'' of the requested SIP revision and clarifies that the 
rulemaking will not be deemed final if timely adverse or critical 
comments are filed. The ``direct final'' approval shall be effective on 
November 13, 1995, unless USEPA receives adverse or critical comments 
by October 13, 1995.
    Any parties interested in commenting on this action should do so at 
this time. If no such comments are received, USEPA hereby advises the 
public that this action will be effective on November 13, 1995.

Applicability to Future SIP Decisions

    Nothing in this action should be construed as permitting, allowing 
or 

[[Page 47487]]
establishing a precedent for any future request for revision to any 
SIP. Each request for a revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

Executive Order 12866

    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225). The Office of Management and Budget 
has exempted this regulatory action from review under Executive Order 
12866.

Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. Section 600 et seq., 
USEPA must prepare a regulatory flexibility analysis assessing the 
impact of any proposed or final rule on small entities (5 U.S.C. 
Sections 603 and 604). Alternatively, USEPA may certify that the rule 
will not have a significant impact on a substantial number of small 
entities. Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000. This approval does not create any new 
requirements.
    Therefore, I certify that this action does not have a significant 
impact on any small entities affected. Moreover, due to the nature of 
the Federal-State relationship under the Act, preparation of the 
regulatory flexibility analysis would constitute Federal inquiry into 
the economic reasonableness of the State action. The Act forbids USEPA 
to base its actions concerning SIPs on such grounds. Union Electric Co. 
v. U.S. EPA, 427 U.S. 246, 256-66 (1976).

Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, USEPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, USEPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires USEPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.

    The USEPA has determined that the approval action promulgated today 
does not include a Federal mandate that may result in estimated costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector.

    This Federal action approves pre-existing requirements under State 
or local law, and imposes no new Federal requirements. Accordingly, no 
additional costs to State, local, or tribal governments, or the private 
sector, result from this action.

Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 13, 1995. 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 a rule. 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 81

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.


    Dated: August 17, 1995.

Valdas V. Adamkus,

Regional Administrator.

    40 CFR part 81 is amended as follows:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Sec. 81.350  [Amended]

    2. In Sec. 81.350 the table entitled ``Wisconsin-TSP'' is removed.

[FR Doc. 95-22620 Filed 9-12-95; 8:45 am]

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