[Federal Register Volume 68, Number 69 (Thursday, April 10, 2003)]
[Proposed Rules]
[Page 17576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8535]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI-113-7343B; FRL-7466-7]


Approval and Promulgation of State Implementation Plans; 
Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve a revision to Wisconsin's 
State Implementation Plan (SIP) for the attainment of the one-hour 
ozone standard for the Milwaukee-Racine area. This SIP revision, 
submitted to EPA on December 16, 2002, provides new compliance options 
for sources subject to the state's rules limiting emissions of nitrogen 
oxides (NOX) from large electricity generating units in 
southeast Wisconsin. Under the revised SIP, sources would have the 
option of complying with emissions limits on a per unit basis or 
complying as part of an emissions averaging plan that also includes an 
emissions cap. In addition, the revision creates a new categorical 
emissions limit for new integrated gasification combined cycled units.
    In the ``Rules and Regulations'' section of this Federal Register, 
EPA is approving the state's request as a direct final rule without 
prior proposal, because EPA views this action as noncontroversial and 
anticipates no adverse comments. The rationale for approval is set 
forth in the direct final rule. If EPA receives no written adverse 
comments, EPA will take no further action on this proposed rule. If EPA 
receives written adverse comments, we 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. In that event, EPA will address all 
relevant public comments in a subsequent final rule based on this 
proposed rule. In either event, EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

DATES: EPA must receive comments on this action by May 12, 2003.

ADDRESSES: You should mail written comments to: Carlton T. Nash, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), USEPA, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    A copy of the state's request is available for inspection at the 
above address.

FOR FURTHER INFORMATION CONTACT: Alexis Cain, Environmental Scientist, 
Regulation Development Section, Air Programs Branch (AR-18J), USEPA, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
886-7018.

SUPPLEMENTARY INFORMATION: 

I. What Action Is EPA Taking Today?
II. Where Can I Find More Information About this Proposal and 
Corresponding Direct Final Rule?

I. What Action Is EPA Taking Today?

    EPA is proposing to approve, as part of the Wisconsin ozone SIP, 
rules that would allow sources to use emissions averaging and an 
emissions cap as a option for complying with ozone season limits on 
emissions of NOX. These limits apply to large electricity 
generating units in southeast Wisconsin; EPA approved the rules setting 
these NOX emissions limits into Wisconsin's SIP on November 
13, 2001 (66 FR 56931). The limits are expressed in mass of allowable 
emissions per unit of heat input (pounds per million Btu).
    Emissions averaging will allow units subject to the NOX 
emissions limits of NR 428 of the Wisconsin Administrative Code to 
create emissions averaging plans in which the compliance of multiple 
units would be assessed collectively, based on their aggregate 
emissions rate. The allowable emissions rate for each unit is reduced 
by 0.01 pounds per million btu in determining the aggregate allowable 
emissions rate. Beginning in 2008, sources that participate in an 
emissions averaging plan must also collectively meet a NOX 
emissions cap that is consistent with the one-hour ozone attainment 
plan for southeast Wisconsin. The use of emissions averaging plans will 
provide compliance flexibility for NOX emissions sources, 
while ensuring that NOX emissions are no higher than they 
would have been in the absence of averaging.

II. Where Can I Find More Information About This Proposal and 
Corresponding Direct Final Rule?

    For additional information see the direct final rule published in 
the rules and regulations section of this Federal Register.

    Authority: 42 U.S.C. 4201 et seq.

    Dated: March 6, 2003.
Jerri-Anne Garl,
Acting Regional Administrator, Region 5.
[FR Doc. 03-8535 Filed 4-9-03; 8:45 am]
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