[Federal Register Volume 68, Number 179 (Tuesday, September 16, 2003)]
[Rules and Regulations]
[Pages 54160-54163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23426]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI111-1a; FRL-7547-5]


Approval and Promulgation of Implementation Plans; Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency is approving a revision to 
the Wisconsin particulate matter (PM) State Implementation Plan (SIP) 
submitted by the Wisconsin Department of Natural Resources (WDNR) on 
October 7, 2002. The request is approvable because it satisfies the 
requirements of the Clean Air Act (Act). The rationale for the approval 
and other information are provided in this document.

DATES: This rule is effective on November 17, 2003, unless EPA receives 
adverse written comments by October 16, 2003. If EPA receives adverse 
comments, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: You may inspect copies of the documents relevant to this 
action during normal business hours at the following location: 
Regulation Development Section, Air Programs Branch, (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. Please contact Christos Panos at (312) 353-
8328 before visiting the Region 5 office.
    Send written comments to: Carlton Nash, Chief, Regulation 
Development Section, Air Programs Branch, (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Comments may also be submitted electronically or through hand 
delivery/courier, please follow the detailed instructions described in 
Part (I)(B)(1)(i) through (iii)of the SUPPLEMENTARY INFORMATION 
section.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Regulation Development 
Section, Air Programs Branch (AR-18J), United States Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-8328. [email protected].

SUPPLEMENTARY INFORMATION: This Supplementary Information section is 
organized as follows:

I. General Information
II. Review of State Implementation Plan Revision
    1. What did Wisconsin submit for approval into the SIP?
    2. Why did the State submit this SIP Revision?
    3. Why is EPA taking this action?
    4. What is the background for this action?
III. What Action is EPA Taking?
IV. Is this Action Final, or May I Submit Comments?
V. Statutory and Executive Order Reviews.

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under ``Region 5 Air Docket WI111''. The official public file consists 
of the documents specifically referenced in this action, any public 
comments received, and other information related to this action. 
Although a part of the official docket, the public rulemaking file does 
not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public rulemaking file is the collection of materials that is available 
for public viewing at the Air Programs Branch, Air and Radiation 
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 
60604. EPA requests that if at all possible, you contact the contact 
listed in the For Further Information Contact section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30 excluding Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the Regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide

[[Page 54161]]

a reference to that material in the version of the comment that is 
placed in the official public rulemaking file. The entire printed 
comment, including the copyrighted material, will be available at the 
Regional Office for public inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 Air Docket WI111'' in 
the subject line on the first page of your comment. Please ensure that 
your comments are submitted within the specified comment period. 
Comments received after the close of the comment period will be marked 
``late.'' EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Please include the text ``Public comment on 
proposed rulemaking Region 5 Air Docket WI111'' in the subject line. 
EPA's e-mail system is not an ``anonymous access'' system. If you send 
an e-mail comment directly without going through Regulations.gov, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket.
    ii. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then click on the button 
``TO SEARCH FOR REGULATIONS CLICK HERE'', and select Environmental 
Protection Agency as the Agency name to search on. The list of current 
EPA actions available for comment will be listed. Please follow the 
online instructions for submitting comments. The system is an 
``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM 
that you mail to the mailing address identified in section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Carlton Nash, Chief, Regulation 
Development Section, Air Programs Branch, (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Please include the text ``Public comment on proposed 
rulemaking Regional Air Docket WI111'' in the subject line on the first 
page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Carlton 
Nash, Chief, Regulation Development Section, Air Programs Branch, (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30 excluding Federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

II. Review of State Implementation Plan Revision

1. What Did Wisconsin Submit for Approval Into the SIP?

    The October 7, 2002 revision submitted by WDNR requests that EPA 
approve certain amended provisions to chapter NR 415, Wisconsin 
Administrative Code (ch. NR 415), repeal sections NR 415.04(5), NR 
415.05(5) and NR 415.06(5), and add section NR 415.035 into the 
Wisconsin PM SIP. Specifically, newly created section NR 415.035 
contains a description of the geographic areas where the PM 
requirements would continue to be in effect. The areas described are 
identical to the current state total suspended particulates (TSP) 
nonattainment areas. The amendments to ch. NR 415 replace the term 
``nonattainment area'' with a reference to the new section NR 415.035. 
The repealed sections of ch. NR 415 refer to PM emission limitation 
compliance schedules whose deadlines have already passed.

2. Why Did the State Submit This SIP Revision?

    The revision to the rule changed the applicability of certain PM 
emission limiting requirements by substituting for the term 
``nonattainment area'' a description of the geographic areas where the 
requirements would continue to be in effect. The revised rule will 
allow the state to retain the emission limits and RACT requirements 
which helped lower PM concentrations in those areas and ensure that the 
PM National Ambient Air Quality Standards (NAAQS) are maintained.

3. Why Is EPA Taking This Action?

    EPA is taking this action because the State's request does not 
change any of the emission limitations currently in the PM SIP. The 
revision to the Wisconsin PM SIP does not approve any new construction 
or allow an increase in emissions, thereby providing for attainment and 
maintenance of the PM NAAQS and satisfying the applicable PM 
requirements of the Act.

[[Page 54162]]

4. What Is the Background for This Action?

    The original PM NAAQS and increments were based on the TSP 
indicator. On July 1, 1987 (52 FR 24634), EPA replaced TSP as the 
indicator for the primary and secondary particulate NAAQS with a new 
indicator that includes only those particles with an aerodynamic 
diameter less than or equal to a nominal 10 micrometers. EPA replaced 
the TSP increments with PM increments on June 3, 1994. Area 
designations for TSP were therefore no longer necessary and serve no 
useful purpose relative to Federal programs. EPA deleted all TSP area 
designations in the State of Wisconsin on September 13, 1995 (60 FR 
47485).
    Wisconsin, however, chose to retain the 24-hour TSP standard and 
TSP designations at the state level. This was done so that the emission 
limits and reasonably available control technology (RACT) requirements 
in the SIP remained in effect, even after EPA abolished the TSP 
standard and deleted all of Wisconsin's TSP designations. The current 
federally approved PM SIP, in ch. NR 415, includes rules which 
specifically apply emission limits and RACT requirements to any areas 
designated as TSP nonattainment.

III. What Action Is EPA Taking?

    In this action, EPA is approving revisions to chapter NR 415, 
Wisconsin Administrative Code into the Wisconsin PM SIP. The state 
submitted this SIP revision on October 7, 2002. The changes to the rule 
will allow Wisconsin to redesignate certain State-designated TSP 
nonattainment areas to attainment while retaining the PM limits and 
control requirements which helped lower PM concentrations in those 
areas. As described above, this submittal provides for attainment and 
maintenance of the PM NAAQS and is therefore fully approvable.

IV. Is This Action Final, or May I Submit Comments?

    EPA is publishing this action without prior proposal, because EPA 
views this as a noncontroversial revision and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, EPA is proposing to approve the SIP revision. Should EPA 
receive adverse written comments by October 16, 2003, we will withdraw 
this direct final and respond to any comments in a final action. If EPA 
does not receive adverse comments, this action will be effective 
without further notice. Any parties interested in commenting on this 
action should do so at this time. If we do not receive comments, this 
action will be effective on November 17, 2003.

V. Statutory and Executive Order Reviews.

Executive Order 12866: Regulatory Planning and Review

    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.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    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).

Regulatory Flexibility Act

    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.).

Unfunded Mandates Reform Act

    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 (Pub. L. 104-4).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    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).

Executive Order 13132: Federalism

    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.

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    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.

National Technology Transfer Advancement Act

    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.

Paperwork Reduction Act

    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.).

Congressional Review Act

    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).

[[Page 54163]]

    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 November 17, 2003. 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: July 25, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
Title 40 of the Code of Federal Regulations, chapter I, part 52, is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. Section 52.2570 is amended by adding paragraph (c)(109) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (109) On October 7, 2002, the Wisconsin Department of Natural 
Resources submitted a State Implementation Plan (SIP) revision for the 
control of emissions of particulate matter (PM) in the state of 
Wisconsin. This revision will allow certain state designated 
nonattainment areas for total suspended particulates (TSP) to be 
redesignated to attainment while retaining the emission limits and 
control requirements which helped lower PM concentrations in those 
areas. Specifically, EPA is approving into the PM SIP certain 
provisions to chapter NR 415, Wisconsin Administrative Code, and 
repealing sections NR 415.04(5), NR 415.05(5) and NR 415.06(5).
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 415.035 as created and published in the (Wisconsin) 
Register, October 2001, No. 550, effective November 1, 2001.
    (B) NR 415.04(2)(intro.), NR 415.04(3)(intro.), NR 415.04(3)(a), NR 
415.04(4)(intro.), NR 415.04(4)(b), NR 415.05(3)(intro.), NR 
415.06(3)(intro.), NR 415.06(4), and NR 415.075(3)(intro.) as amended 
and published in the (Wisconsin) Register, October 2001, No. 550, 
effective November 1, 2001.

[FR Doc. 03-23426 Filed 9-15-03; 8:45 am]
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