[Federal Register Volume 67, Number 122 (Tuesday, June 25, 2002)]
[Rules and Regulations]
[Pages 42729-42730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15870]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI104-02-7334; FRL-7226-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Excess Volatile Organic Compound Emissions Fee Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving a rule that revises Wisconsin's State 
Implementation Plan (SIP) for ozone. The rule requires major stationary 
sources of volatile organic compounds (VOC) in the Milwaukee 
nonattainment area to pay a fee to the state if the area fails to 
attain the one-hour national ambient air quality standard for ozone by 
2007. The fee must be paid beginning in 2008 and in each calendar year 
thereafter, until the area is redesignated to attainment of the one-
hour ozone standard. Wisconsin submitted this rule on December 22, 
2000, as part of the state's demonstration of attainment for the one-
hour ozone standard. EPA proposed approval of this SIP revision on 
March 6, 2002.

EFFECTIVE DATE: This rule is effective on August 26, 2002.

ADDRESSES: Copies of the SIP revision and EPA's analysis are available 
for inspection at the following location: United States Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. (Please telephone Kathleen 
D'Agostino at (312) 886-1767 before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, 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) 886-1767.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Action Is EPA Taking?
II. Did Anyone Comment on the Proposed Approval?
III. What Administrative Requirements Did EPA Consider?

I. What Action Is EPA Taking?

    The EPA is approving a rule that revises Wisconsin's ozone SIP. The 
rule requires major stationary sources of VOC in the Milwaukee 
nonattainment area to pay a fee to the state if the area fails to 
attain the one-hour national ambient air quality standard for ozone by 
2007. The fee must be paid beginning in 2008 and in each calendar year 
thereafter, until the area is redesignated to attainment of the one-
hour ozone standard.
    The EPA is approving this rule because it is consistent with the 
requirements of the Clean Air Act. This approval finalizes EPA's March 
6, 2002 proposed approval.

II. Did Anyone Comment on the Proposed Approval?

    We received no comments on our March 6, 2002 proposal to approve 
Wisconsin's excess emissions fee rule.

III. What Administrative Requirements Did EPA Consider?

    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 an unfunded mandate, nor does it 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more 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.
    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTA), 15 U.S.C. 272 note, requires federal agencies to 
use technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impracticable. In 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. Absent a 
prior existing requirement for the state to use voluntary consensus 
standards, EPA has no authority to disapprove a SIP submission for 
failure to use such standards, and it would thus be inconsistent with 
applicable law for EPA to use voluntary consensus standards in place of 
a SIP submission that otherwise satisfies the provisions of the Act. 
Therefore, the requirements of section 12(d) of the NTTA do not apply.
    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing Wisconsin's rule in today's notice, EPA 
has taken the necessary steps to eliminate drafting errors and 
ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. EPA has complied with Executive Order 
12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings' issued under the executive order, and has 
determined that the rule's requirements do not constitute a taking. 
This rule does not impose an information collection burden under the

[[Page 42730]]

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. EPA will submit 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 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 August 26, 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: May 17, 2002.
Robert Springer,
Acting Regional Administrator, Region 5.

    Part 52, chapter I, title 40 of the Code of Federal Regulations 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 et seq.

Subpart YY--Wisconsin

    2. Section 52.2570 is amended by adding paragraph (c)(106) to read 
as follows:


Sec. 52.2570  Identification of plan.

* * * * *
    (c) * * *
    (106) Wisconsin submitted a revision to its State Implementation 
Plan for ozone on December 22, 2000. The rule requires major stationary 
sources of volatile organic compounds in the Milwaukee nonattainment 
area to pay a fee to the state if the area fails to attain the one-hour 
national ambient air quality standard for ozone by 2007.
    (i) Incorporation by reference. The following section of the 
Wisconsin Administrative code is incorporated by reference: NR 410.06 
as created and published in the (Wisconsin) Register January, 2001, No. 
541, effective February 1, 2001.

[FR Doc. 02-15870 Filed 6-24-02; 8:45 am]
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