[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Proposed Rules]
[Pages 65117-65118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24915]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2004-WI-0001; FRL-7829-5]


Approval and Promulgation of Implementation Plans; Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions to Wisconsin's State 
Implementation Plan (SIP) regarding the control of nitrogen oxide 
(NOX) emissions. On August 29, 2003, the EPA published a 
final rulemaking approving the emission averaging program for existing 
sources subject to the state's rule limiting NOX emissions 
in southeast Wisconsin. By its submittal dated May 25, 2004, the 
Wisconsin Department of Natural Resources requested that EPA approve 
modifications to existing requirements regarding the control of 
NOX emissions in the Wisconsin SIP. The SIP revisions modify 
language to clarify which sources are eligible to participate in the 
NOX emission averaging program. In addition, the revision 
creates a separate categorical emission limit for new combustion 
turbines burning biologically derived gaseous fuels. The request is 
approvable because it meets the requirements of the Clean Air Act. 
Wisconsin held a public hearing on the submittal on August 6, 2003.
    In the final rules section of this Federal Register, EPA is 
approving the SIP revision as a direct final rule without prior 
proposal, because EPA views this as a noncontroversial revision and 
anticipates no adverse comments. A detailed rationale for the approval 
is set forth in the direct final rule. If no adverse comments are 
received in response to this proposed rule, no further activity is 
contemplated in relation to this proposed rule. If EPA receives adverse 
comments, EPA will withdraw the direct final rule and address all 
public comments received in a subsequent final rule based on this 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time.

DATES: Written comments must be received on or before December 10, 
2004.

ADDRESSES: Submit comments, identified by Regional Material in EDocket 
ID No. R05-OAR-2004-WI-0001 by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: http://docket.epa.gov/rmepub/index.jsp material in 
Edocket(RME), EPA's electronic public docket and connect system, is 
EPA's preferred method for receiving comments. Once in the system, 
select ``quick search'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    E-mail: [email protected].
    Fax: (312) 886-5824.
    Mail: You may send written comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch, (AR-18J), Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief, 
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, which are Monday through Friday, 8:30 a.m. 
to 4:30 p.m. excluding Federal holidays.
    Instructions: Direct your comments to the appropriate rulemaking by 
including in the text ``Public comment on the proposed rulemaking 
Region 5 in Regional Material in EDocket ID No. R05-OAR-2004-WI-0001'' 
in the subject line on the first page of your comment. EPA's policy is 
that all comments received will be included in the public docket 
without change, including any personal information provided, unless the 
comment includes information claimed to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Do not submit information that you consider to be CBI or 
otherwise protected through Regional Material in Edocket, 
regulations.gov, or e-mail. The EPA RME Web site and the Federal 
regulations.gov Web site are ``anonymous access'' systems, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through RME or regulations.gov, your e-
mail address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the electronic docket are listed in the 
Regional Material in Edocket (RME) index at http://www.epa.gov/edocket. 
Although listed in the index, some information is not publicly 
available, i.e., Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
(We recommend that you telephone Charles Hatten, Environmental 
Engineer, at (312) 886-6031 before visiting the

[[Page 65118]]

Region 5 office.) This Facility is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), EPA 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
886-6031. [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action is rulemaking on two revisions to the Wisconsin SIP for 
the control of NOX emissions from stationary sources as 
required by rule NR 428. The rule applies to existing sources in eight 
of the counties in the Milwaukee-Racine ozone nonattainment area 
(Kenosha, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, 
and Waukesha counties), and to new sources in six of the eight counties 
(Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha).
    One revision modifies language to clarify which units are eligible 
for demonstrating compliance through emissions averaging. The emissions 
averaging provisions apply only to existing electric utility boilers in 
the Milwaukee-Racine ozone nonattainment area (Kenosha, Manitowoc, 
Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha 
counties). The second revision creates a separate NOX 
categorical emission limit for newly installed combustion turbines 
burning biologically derived gaseous fuel. Sources affected by the new 
categorical NOX limit are landfill operations, wastewater 
treatment plants and digester facilities specifically designed to 
generate gaseous fuel. The new NOX categorical limit for 
newly installed combustion turbines burning biologically derived fuel 
applies only to new sources located in Kenosha, Milwaukee, Ozaukee, 
Racine, Washington, and Waukesha counties in southeastern Wisconsin. 
The revisions have been adopted into the State administrative code and 
became effective on January 1, 2004.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes 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 public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Additional Information

    For additional information, see the Direct Final Rule which is 
located in the Rules section of this Federal Register. Copies of the 
request and the EPA's analysis are available electronically at Regional 
Materials in Edocket (RME) or in hard copy at the above address. 
(Please telephone Charles Hatten at (312) 886-6031 before visiting the 
Region 5 Office.)

    Dated: October 8, 2004.
Norman Neidergang,
Acting Regional Administrator, Region 5.
[FR Doc. 04-24915 Filed 11-9-04; 8:45 am]
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