Federal Register, Volume 61 Issue 146 (Monday, July 29, 1996)

[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39329-39330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19141]


-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[WI67-01-7276a; FRL-5539-1]


Approval and Promulgation of Implementation Plans; Wisconsin

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: This action approves a State Implementation Plan (SIP) 
revision for the State of Wisconsin which was submitted pursuant to the 
EPA general conformity rules set forth at 40 CFR part 51, subpart W--
Determining Conformity of General Federal Actions to State or Federal 
Implementation Plans. Section 51.851(a) of the general conformity rules 
requires each State to submit to EPA a revision to its applicable SIP 
which contains criteria and procedures for assessing conformity of 
Federal actions to applicable SIPs. The general conformity rules, 
except for the 40 CFR 51.851(a) language requiring State submission of 
a SIP revision, are repeated at 40 CFR part 93, subpart B. Wisconsin's 
SIP revision incorporates verbatim the criteria and procedures set 
forth at 40 CFR part 93, subpart B. This general conformity SIP 
revision will enable the State of Wisconsin to implement and enforce 
the Federal general conformity requirements in the nonattainment and 
maintenance areas at the State and local level.
    This approval is limited only to the general conformity SIP 
revision submitted pursuant to 40 CFR part 51, subpart W. SIP revisions 
submitted under 40 CFR part 51, subpart T, relating to conformity of 
Federal transportation actions funded or approved under Title 23 U.S.C. 
or the Federal Transit Act, will be addressed in a separate document. 
This action provides the rationale for the proposed approval and other 
information.

DATES: This ``direct final'' rule is effective September 27, 1996 
unless EPA receives adverse or critical comments by August 28, 1996. If 
the effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the SIP revision, public comments and EPA's 
responses are available for inspection at the following address: United 
States Environmental Protection Agency, Region 5, Air and Radiation 
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (It is 
recommended that you telephone Michael Leslie at (312) 353-6680 before 
visiting the Region 5 Office.)
    A copy of this SIP revision is available for inspection at the 
following location: Office of Air and Radiation (OAR) Docket and 
Information Center (Air Docket 6102), room M1500, United States 
Environmental Protection Agency, 401 M Street S.W., Washington, D.C. 
20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Michael G. Leslie, Regulation 
Development Section (AR-18J), Air Programs Branch, Air and Radiation 
Division, United States Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312) 
353-6680.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 176(c) of the Clean Air Act (Act), 42 U.S.C. 7506(c), 
provides that no Federal department, agency, or instrumentality shall 
engage in, support in any way or provide financial assistance for, 
license or permit, or approve any activity which does not conform to a 
SIP that has been approved or promulgated pursuant to the Act. 
Conformity is defined in section 176(c) of the Act as conformity to the 
SIP's purpose of eliminating or reducing the severity and number of 
violations of the National Ambient Air Quality Standards (NAAQS) and 
achieving expeditious attainment of such standards, and that such 
activities will not: (1) Cause or contribute to any new violation of 
any standard in any area, (2) increase the frequency or severity of any 
existing violation of any standard in any area, or (3) delay timely 
attainment of any standard or any required interim emission reductions 
or other milestones in any area.
    Section 176(c)(4)(A) of the Act requires EPA to promulgate criteria 
and procedures for determining conformity of all Federal actions to 
applicable SIPs. Criteria and procedures for determining conformity of 
Federal actions related to transportation projects funded or approved 
under Title 23 U.S.C. or the Federal Transit Act are set forth at 40 
CFR part 51, subpart T. The criteria and procedures for determining 
conformity of other Federal actions, the ``general conformity'' rules, 
were published in the November 30, 1993, Federal Register and codified 
at 40 CFR part 51, subpart W--Determining Conformity of General Federal 
Actions to State or Federal Implementation Plans. The general 
conformity rules require the States and local air quality agencies 
(where applicable) to adopt and submit a general conformity SIP 
revision to the EPA not later than November 30, 1994.

II. Evaluation of the State's Submittal

    Pursuant to the requirements under section 176(c)(4)(C) of the Act 
the Wisconsin Department of Natural Resources (WDNR) submitted a 
supplement to its November 30, 1994 general conformity SIP revision to 
the EPA on October 18, 1995. In its submittal, the State provided ch. 
NR 489, Wis. Adm. Code which adopts the EPA general conformity rule (40 
CFR part 93, subpart B) verbatim. For the time period between the 
original submittal and the supplemental submittal, the State of 
Wisconsin was required to comply with 40 CFR part 93, subpart B.
    General conformity is required for all areas which are designated 
nonattainment or maintenance for any NAAQS criteria pollutant. The 
State of Wisconsin currently has 11 counties designated ozone 
nonattainment: Door, Keewaunee, Manitowoc, Sheboygan, Kenosha, 
Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha. The 
cities of Green Bay, Madison, and Milwaukee are sulfur dioxide 
(SO^{2) maintenance areas. Four other areas: Rhinelander, Rib 
Mountain, Rothchild, and Weston are SO^{2 nonattainment areas.
    The WDNR held a public hearing on the general conformity submittal 
on March 29, 1995. No substantive comments were made during the public 
comment period and therefore, no modifications were made to the final 
adopted rule.

III. EPA Criteria on Submittal

    The State's SIP revision must contain criteria and procedures that 
are no less stringent than the Federal rule. The revision incorporated 
the provisions of the following sections of 40 CFR part 93, subpart B 
in essentially verbatim form: Sections 93.150, 93.152, 93.153, 93.154, 
93.155, 93.156, 93.157, 93.158, 93.159, 93.160. These sections 
represent the Federal rule in total. Therefore the ch. NR 489, Wis. 
Adm. Code meets the above requirement.

IV. EPA Action

    The EPA is approving the general conformity SIP revision for the 
State of

[[Page 39330]]

Wisconsin. The EPA has evaluated this SIP revision and has determined 
that the State has fully adopted the provisions of the Federal general 
conformity rules set forth at 40 CFR part 93, subpart B. The 
appropriate public participation and comprehensive interagency 
consultations have been undertaken during development and adoption of 
this SIP revision. Because EPA considers this action to be 
noncontroversial and routine, EPA is approving it without prior 
proposal. This action will become effective on September 27, 1996. 
However, if EPA receives adverse comments by August 28, 1996, EPA will 
publish a document that withdraws this action.

V. Miscellaneous

A. Applicability to Future SIP Decisions

    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. The EPA shall consider each request for revision to the SIP in 
light of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

B. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from E.O. 12866 review.

C. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, EPA 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 EPA to base its 
actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
E.P.A., 427 U.S. 246, 256-66 (1976).

D. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
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, the EPA 
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 the EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The EPA 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.

E. Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted 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 General Accounting 
Office prior to publication of this rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.

F. 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 September 27, 1996. 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) of the Act).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, General 
conformity, Hydrocarbons, Incorporation by reference, Intergovernmental 
relations, Sulfur dioxide, Ozone, Volatile organic compounds.

    Dated: June 24, 1996.
David A. Ullrich,
Acting Regional Administrator.
    40 CFR part 52, is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart YY--Wisconsin

    2. Section 52.2570 is amended by adding paragraph (c)(92) to read 
as follows:


Sec. 52.2570   Identification of plan.

* * * * *
    (c) * * *
    (92) On October 18, 1995, the Wisconsin Department of Natural 
Resources submitted a revision to the State Implementation Plan for 
general conformity rules. The general conformity SIP revisions enable 
the State of Wisconsin to implement and enforce the Federal general 
conformity requirements in the nonattainment or maintenance areas at 
the State or local level in accordance with 40 CFR part 93, subpart B--
Determining Conformity of General Federal Actions to State or Federal 
Implementation Plans.
    (i) Incorporation by reference.
    (A) NR 489, as created and published in the (Wisconsin) Register, 
September, 1995, number 477, effective October 1, 1995.

[FR Doc. 96-19141 Filed 7-26-96; 8:45 am]
BILLING CODE 6560-50-P}}