[Federal Register Volume 61, Number 167 (Tuesday, August 27, 1996)]
[Rules and Regulations]
[Pages 43970-43972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21696]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI67-01-7276; FRL-5550-6]


Approval and Promulgation of Implementation Plan; Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On May 10, 1996, the Environmental Protection Agency (EPA) 
proposed approval of a Wisconsin State Implementation Plan (SIP) 
revision. The purpose of the revision was to meet the requirements of 
the EPA transportation conformity rule set forth at 40 CFR part 51, 
subpart T--Conformity to State or Federal Implementation Plans of 
Transportation Plans, Programs, and Projects Developed, Funded or 
Approved Under Title 23 U.S.C. or the Federal Transit Act. Conformity 
is the process, defined in the Clean Air Act, used to assure that 
transportation planning activities meet the SIP's purpose of 
eliminating or reducing the severity and number of violations of the 
National Ambient Air Quality Standards and achieving expeditious 
attainment of such standards. The proposed approval was subject to a 30 
day public comment period during which no comments were received.

EFFECTIVE DATE: This final rule will be effective on September 26, 
1996.

ADDRESSES: Copies of the SIP revision 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.

[[Page 43971]]

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 which has been approved or promulgated pursuant to the Act. 
Conformity is defined as conformity to the SIP's purpose of eliminating 
or reducing the severity and number of violations of the National 
Ambient Air Quality Standards 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 
(transportation and general) to applicable SIPs. The EPA published the 
final transportation conformity rules in the November 24, 1993, Federal 
Register and codified them at 40 CFR part 51 subpart T--Conformity to 
State or Federal Implementation Plans of Transportation Plans, 
Programs, and Projects Developed, Funded or Approved Under Title 23 
U.S.C. or the Federal Transit Act. The conformity rules require States 
and local agencies to adopt and submit to the EPA a transportation 
conformity SIP revision not later than November 24, 1994. The State of 
Wisconsin submitted a SIP revision to EPA on November 23, 1994, and 
supplemented this submittal on June 14, 1995.

II. EPA Action

    The EPA is approving the transportation conformity SIP revision for 
the State of Wisconsin. The EPA has previously evaluated this SIP 
revision and has determined that the State has fully adopted the 
provisions of the Federal transportation conformity rules in accordance 
with 40 CFR part 51, subpart T. The appropriate public participation 
and comprehensive interagency consultations have been undertaken during 
development and adoption of this SIP revision.

III. Administrative Requirements

A. 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 (OMB) has 
exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    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.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, 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 
private sector, of $100 million or more. Under Section 205, 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 EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated 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 to the private sector, result from this 
action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added 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 the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    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 October 28, 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Transportation conformity, 
Transportation-air quality planning, Volatile organic compounds.

    Dated: July 24, 1996.
Barry C. Degraff,
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 52.2585 is amended by adding paragraph (j) to read as 
follows:

[[Page 43972]]

Sec. 52.2585   Control strategy: Ozone.

* * * * *
    (j) Approval--On June 14, 1995, the Wisconsin Department of Natural 
Resources submitted a revision to the ozone State Implementation Plan. 
The submittal pertained to a plan for the implementation and 
enforcement of the Federal transportation conformity requirements at 
the State or local level in accordance with 40 CFR part 51, subpart T--
Conformity to State or Federal Implementation Plans of Transportation 
Plans, Programs, and Projects Developed, Funded or Approved Under Title 
23 U.S.C. or the Federal Transit Act.

[FR Doc. 96-21696 Filed 8-26-96; 8:45 am]
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