[Federal Register Volume 67, Number 103 (Wednesday, May 29, 2002)]
[Rules and Regulations]
[Pages 37328-37332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13112]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WI101-7332a; FRL-7206-5]


Approval and Promulgation of Implementation Plans; Wisconsin 
Designation of Areas for Air Quality Planning Purposes; Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On November 17, 2000, the Wisconsin Department of Natural 
Resources (WDNR) submitted a request to the Environmental Protection 
Agency (EPA) to redesignate the villages of Rothschild and Weston and 
the Township of Rib Mountain, all located in central Marathon County, 
Wisconsin, from primary and secondary sulfur dioxide (SO2) 
nonattainment areas to attainment of the SO2 National 
Ambient Air Quality Standards (NAAQS). EPA identified modeling and 
enforceability issues during the technical review of this submittal. On 
October 17, 2001, WDNR sent to EPA a submittal addressing the technical 
deficiencies. In this action EPA is approving the state's request, 
because it meets all of the Clean Air Act (Act) requirements for 
redesignation.
    IF EPA receives adverse comments on this action, we will publish a 
timely withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will not take effect.

DATES: This ``direct final'' rule is effective July 29, 2002, unless 
EPA receives adverse or critical comments by June 28, 2002. If EPA 
receives adverse comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Send written comments to Carlton Nash, Chief, Regulation 
Development Section, Air Programs Branch (AR-18J), United Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
(We recommend that you telephone Christos Panos, at (312) 353-8328, 
before visiting the Region 5 Office.)
    A copy of this redesignation is available for inspection at this 
Office of Air and Radiation (OAR) Docket and

[[Page 37329]]

Information Center (Air Docket 6102), United States Environmental 
Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Christos Panos, 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, (312) 353-8328.

SUPPLEMENTARY INFORMATION: This Supplementary Information section is 
organized as follows:
    A. What Action is EPA Taking?
    B. Why was This SIP Revision Submitted?
    C. Why Can We Approve This Request?
    D. What Requirements Must be Met for Approval of a Redesignation, 
and How Did the State Meet Them?

A. What Action is EPA Taking?

    We are approving the State of Wisconsin's request to redesignate 
the Rothschild-Rib Mountain-Weston primary and secondary SO2 
nonattainment areas to attainment of the SO2 NAAQS. We are 
also approving the maintenance plan for these areas into the Wisconsin 
SO2 SIP. Further, we are incorporating the consent orders 
for Weyerhaeuser Company (AM-01-600) and Wisconsin Public Service 
Corporation's Weston Plant (AM-01-601) into the Wisconsin 
SO2 SIP.

B. Why Was This SIP Revision Submitted?

    WDNR believes that the Rothschild-Rib Mountain-Weston areas, 
located in central Marathon County, are now eligible for redesignation 
because EPA approved Wisconsin's SO2 SIP in 1990 and 1993, 
and SO2 monitors in the nonattainment area of Marathon 
County have not recorded exceedances of either the primary or secondary 
SO2 air quality standards since 1986.

C. Why Can We Approve This Request?

    Consistent with the Act's requirements, EPA developed procedures 
for redesignation of nonattainment areas that are in a September 4, 
1992, memorandum from John Calcagni, EPA, titled, Procedures for 
Processing Requests to Redesignate Areas to Attainment. This EPA 
guidance document contains a number of conditions that a state must 
meet before it can request a change in designation for a federally 
designated nonattainment area. That memorandum and EPA's Technical 
Support Document set forth the rationale in support of the 
redesignation of the Rothschild-Rib Mountain-Weston SO2 
nonattainment areas to an attainment status.

D. What Requirements Must the State Meet for Approval of a 
Redesignation and How Did the State Meet Them?

1. The State Must Show That the Area Is Attaining the Applicable NAAQS

    There are two components involved in making this demonstration: (1) 
Ambient air quality monitoring representative of the area of highest 
concentration must show no more than one exceedance annually; and (2) 
EPA approved air quality modeling must show that the area in question 
meets the applicable standard.
    The first component relies on ambient air quality data 
representative of the area of highest concentration. The primary 24-
hour concentration limit of the SO2 NAAQS is 365 micrograms 
per cubic meter ([mu]g/m\3\). The secondary 3-hour concentration limit 
is 1300 [mu]g/m\3\. According to 40 CFR 50.4, an area must show no more 
than one exceedance annually. WDNR's monitoring data indicates that 
there have been no exceedances of the primary 24-hour concentration 
limit or the secondary 3-hour concentration limit during the monitoring 
period of 1986-1991, therefore satisfying the first component.
    The second component relies on supplemental EPA approved air 
quality modeling. The modeling methodology used by the WDNR followed 
the guidance identified in EPA's Guideline on Air Quality Models, 40 
CFR part 51, appendix W. Five sources were explicitly modeled: 
Wisconsin Public Service Corporation Weston Plant, Weyerhaeuser 
Company, Foremost Farms USA, Lignotech USA, Inc., and Mosinee Paper. 
Weyerhaeuser Paper and Lignotech are located within the Rothschild 
nonattainment area. Wisconsin Public Service Corporation-Weston and 
Foremost Farms are located 3 to 4 kilometers to the southwest of the 
Rothschild area and Mosinee Paper is located about 12 kilometers to the 
south-southwest of the Rothschild area.
    EPA's review of the modeling in the state's November 17, 2000 
submittal identified several issues. WDNR's supplemental submittal sent 
to EPA on October 17, 2001 included revised modeling which adequately 
addressed those issues. To demonstrate modeled attainment, Weyerhaeuser 
was limited to burning fuel oil with no more than 0.05% sulfur and 
Wisconsin Public Service Corporation Weston Plant was limited to 
burning coal in Units 1 and 2 with no more than 1.2 pounds of 
SO2 per million British Thermal Units and to burning fuel 
oil with no more than 0.3% sulfur in the three turbines. WDNR placed 
these limits into consent orders which were included in its October 17, 
2001 submittal.
    The results of the air quality modeling conducted by the WDNR for 
the Rothschild-Rib Mountain-Weston nonattainment areas show the total 
SO2 concentration from the impact of the five modeled 
sources combined with a representative background SO2 
concentration are below the primary and secondary SO2 NAAQS. 
Therefore, WDNR satisfied the second component by supplying a modeling 
demonstration showing that the area is in attainment of the 
SO2 NAAQS.

2. The SIP for the Area Must Be Fully Approved Under Section 110(k) of 
the Act and Must Satisfy All Requirements That Apply to the Area

    WDNR submitted multiple SO2 SIP revisions to EPA between 
1985 and 1992 to fulfill the requirements of section 110 and part D of 
the Act. The Rothschild SO2 SIP revision approved by EPA on 
March 27, 1990 (55 FR 11183), contained limits pertaining to two 
sources, Weyerhaeuser and Reed Lignin Company (now Lignotech). This SIP 
revision approved Wisconsin's SO2 plan for the City of 
Rothschild and the Town of Weston. The emission limits for the 
Wisconsin Public Service Corporation Weston Plant, the only large 
SO2 emitting source located near Rib Mountain, were 
submitted as part of the Wisconsin statewide SO2 rule. EPA 
approved the statewide SO2 rule on May 21, 1993 (58 FR 
29537), thereby approving Wisconsin's SO2 plan for Rib 
Mountain Township.

3. EPA Has Determined That the Improvement in Air Quality Is Due to 
Permanent and Enforceable Reductions in Emissions

    Air quality improvement in the Rothschild-Rib Mountain-Weston 
SO2 nonattainment areas is attributed to SO2 
emission limits and operating restrictions imposed on the facilities 
that contributed to the nonattainment status. These limits have been 
incorporated into the state SO2 SIP and are therefore 
permanent and enforceable. Further, the additional limits relied upon 
in the modeling were placed into consent orders, which were included in 
WDNR's October 17, 2001 submittal. These consent orders are being 
incorporated into the Wisconsin SO2 SIP, thereby making them 
permanent and enforceable.

4. The State Has Met All Applicable Requirements Under Section 110 and 
Part D of the Act That Were Applicable Prior to Submittal of the 
Complete Redesignation Request

    Section 110(a)(2) of the Act contains the general requirements for 
nonattainment plans. Part D contains the general requirements 
applicable to all areas that are designated nonattainment based on a 
violation of

[[Page 37330]]

the NAAQS. These requirements are satisfied by EPA's March 27, 1990 and 
May 21, 1993 approvals of the nonattainment plans that Wisconsin 
submitted for the control of SO2 emissions in the 
Rothschild-Rib Mountain-Weston areas.
    A PSD program will replace the requirements of the Part D new 
source review program after redesignation of the area. To ensure that 
the PSD program will become fully effective immediately upon 
redesignation, either EPA must delegate the federal PSD program to the 
state or the state must make any needed modifications to its rules to 
have the approved PSD program apply to the affected area upon 
redesignation. EPA fully approved Wisconsin's PSD program, effective 
June 28, 1999.

5. EPA Has Fully Approved a Maintenance Plan, Including a Contingency 
Plan, for the Area Under Section 175A of the Act

    Section 107(d)(3)(E) of the Act states that, for an area to be 
redesignated, EPA must fully approve a maintenance plan that meets the 
requirements of Section 175A. Section 175A of the Act requires states 
to submit a SIP revision that provides for the maintenance of the NAAQS 
in the area for at least 10 years after approval of the redesignation. 
The basic components needed to ensure proper maintenance of the NAAQS 
are: attainment inventory, maintenance demonstration, verification of 
continued attainment, ambient air monitoring network, and a contingency 
plan. EPA is approving the maintenance plan in today's action as 
discussed below.
    a. Attainment Inventory. The air dispersion modeling included in 
the state's submittal contains the emission inventory of SO2 
sources in the Rothschild-Rib Mountain-Weston nonattainment areas.
    b. Maintenance Demonstration and Verification of Continued 
Attainment. The modeling analysis submitted by WDNR on October 17, 
2001, demonstrates attainment and maintenance of the SO2 
NAAQS. The SO2 emitting sources involved in the Rothschild-
Rib Mountain-Weston SO2 redesignation are meeting the 
SO2 emission limits identified in the modeling. WDNR will 
track the maintenance plan through the annual submittal of the air 
emission inventory for the SO2 emitting facilities in the 
Rib Mountain-Rothschild-Weston area.
    c. Monitoring Network. WDNR ceased air quality monitoring in this 
area in 1991 due to fiscal considerations. EPA has stated in the past 
that if a state can show attainment of the NAAQS through EPA approved 
air dispersion modeling, has an approvable SIP revision showing that 
the control strategies have been implemented, and shows that it can 
continue to attain the standard for a period of 10 years following the 
redesignation, then an SO2 monitoring network does not need 
to be maintained. Because the WDNR has met these requirements, it does 
not need to maintain a monitoring network in the Rothschild-Rib 
Mountain-Weston area. WDNR, however, has committed to resume monitoring 
if it appears that there are significant emission increases from the 
SO2 emitting sources in the area that would cause a concern 
for public health.
    d. Contingency Plan. Section 175A of the Act requires that the 
maintenance plan include contingency provisions to promptly correct any 
violation of the NAAQS that occurs after redesignation of the area. 
WDNR will resume SO2 air monitoring if the reported 
SO2 emissions from any of the facilities in any one year 
exceeds the amount identified in the modeling. Once monitoring resumes 
and upon verification of a violation of either the 24-hour or 3-hour 
SO2 NAAQS, if any of the SO2 emitting sources in 
the area is responsible for the violation, WDNR will work with one or 
all of these sources to ensure that the violation will not occur again. 
WDNR will involve EPA, Region 5, in the discussions with the company. 
Once WDNR identifies the problem and sets a strategy to fix the 
problem, WDNR will write rules to control SO2 emissions at 
the company or amend the company's federal operation permit. WDNR has 
committed to the following schedule: (1) To identify the responsible 
source within 30 days after a monitored violation; (2) to take action 
against the responsible source within 90 days of the violation; and, if 
EPA determines it necessary, (3) to submit a SIP revision to EPA within 
360 days after the violation.

Final Action

    We have evaluated the state's submittal and have determined that it 
meets the applicable requirements of the Act, EPA regulations, and EPA 
policy. Therefore, we are approving the State of Wisconsin's request to 
redesignate the villages of Rothschild and Weston and the Township of 
Rib Mountain, all located in central Marathon County, from primary and 
secondary SO2 nonattainment areas to attainment of the 
SO2 NAAQS. We are also approving the maintenance plan for 
the Rothschild-Rib Mountain-Weston areas into the Wisconsin 
SO2 SIP. Further, we are also incorporating into the 
Wisconsin SO2 SIP the consent orders for Weyerhaeuser 
Company (AM-01-600) and Wisconsin Public Service Corporation's Weston 
Plant (AM-01-601).
    The EPA is publishing this action without prior proposal because we 
view this as 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 
comments are filed. This rule will be effective July 29, 2002 without 
further notice unless we receive relevant adverse comments by June 28, 
2002. 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. We will then address all public comments 
received in a subsequent final rule based on the proposed action 
published elsewhere in this Federal Register. The 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 July 29, 2002.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future implementation 
plan. Each request for 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.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, 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). This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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.). Because 
this rule approves 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 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more

[[Page 37331]]

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). 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 approves 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. This 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.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This 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.).
    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. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding this action under section 801 because 
this is a rule of particular applicability.
    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 July 29, 2002. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur dioxide.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.


    Authority:  42 U.S.C. 7401 et. seq.

    Dated: April 4, 2002.
David A. Ullrich,
Acting Regional Administrator, Region 5.

    Title 40 of the Code of Federal Regulations, chapter I, part 52, is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

    Authority: 42 U.S.C. 7401 et seq.

    2. Section 52.2570 is amended by adding paragraph (c)(105) to read 
as follows:


[sect] 52.2570  Identification of plan.

* * * * *
    (c) * * *
    (105) On November 17, 2000, WDNR submitted a request to redesignate 
the villages of Rothschild and Weston and the Township of Rib Mountain, 
all located in central Marathon County, Wisconsin from primary and 
secondary SO2 nonattainment areas to attainment of the 
SO2 NAAQS. EPA identified modeling and enforceability issues 
during the technical review of this submittal. On October 17, 2001, 
WDNR sent to EPA a supplemental submittal addressing the technical 
deficiencies.
    (i) Incorporation by reference.
    (A) A Consent Order identified as AM-01-600 for Weyerhaeuser 
Company, issued by WDNR and signed by Scott Mosher for the Weyerhaeuser 
Company on May 29, 2001, and Jon Heinrich for WDNR on August 16, 2001.
    (B) A Consent Order identified as AM-01-601 for Wisconsin Public 
Service Corporation's Weston Plant, signed by David W. Harpole for the 
Wisconsin Public Service Corporation on July 12, 2001, and Jon Heinrich 
for WDNR on August 16, 2001.

    3. Section 52.2575 is amended by adding paragraph (b)(4) to read as 
follows:


[sect] 52.2575  Control strategy: Sulfur dioxide.

* * * * *
    (b) * * *
    (4) An SO2 maintenance plan was submitted by the State 
of Wisconsin on November 17, 2000, for the villages of Rothschild and 
Weston and the Township of Rib Mountain, all located in central 
Marathon County.

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, et seq.


    2. Section 81.350 is amended by revising the entry for Marathon 
County under AQCR 238 in the table entitled ``Wisconsin-
SO2'' to read as follows:


[sect] 81.350  Wisconsin.

                                                                     Wisconsin--SO2
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                                                                         Does not meet secondary                                          Better than
          Designated area           Does not meet primary standards             standards                  Cannot be classified       national standards
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AQCR 238:
 

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    Marathon County...............  ...............................  ...............................  ..............................                  X
 
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[FR Doc. 02-13112 Filed 5-28-02; 8:45 am]
BILLING CODE 6560-50-P