[Federal Register Volume 72, Number 11 (Thursday, January 18, 2007)]
[Rules and Regulations]
[Pages 2197-2198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-521]



[[Page 2197]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0797; FRL-8269-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the Incorporation by 
Reference Section in a final rule pertaining to the May 17, 1999, 
approval of the State of Wisconsin's Prevention of Significant 
Deterioration (PSD) rules. That rulemaking erroneously incorporated by 
reference a section of the Wisconsin Administrative Code dealing with 
the state's hazardous pollutants rule. That section of the rule was not 
included in the state's request for SIP approval of its PSD rules. EPA, 
therefore, is removing this provision from the SIP.

DATES: Effective Date: This final rule is effective on January 18, 
2007.

FOR FURTHER INFORMATION CONTACT: Susan Siepkowski, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-2654, [email protected].

SUPPLEMENTARY INFORMATION: EPA published a document on May 27, 1999, 
(64 FR 28745) approving Wisconsin's PSD rules into the SIP. In this 
approval EPA erroneously incorporated by reference into 40 CFR part 52, 
subpart YY (Sec.  52.2570(c)(98)(i)), Section NR 445m of the Wisconsin 
Administrative Code. No provisions in Section NR 445 were requested for 
SIP approval in Wisconsin's November 6, 1996, SIP submittal for 
approval of its PSD program. Further, NR 445m is a typographical error, 
as NR 445m does not exist in the Wisconsin Administrative Code. 
Therefore, the reference under Sec.  52.2570(c)(98)(i) to NR 445m, as 
well as any implied reference to NR 445 is being removed.

Correction

    In the final rule published in the Federal Register on May 27, 1999 
(64 FR 28745), on page 28747 in the third column, last paragraph, ``AM-
9-95 modifies Chapter NR, Sections 30.03, 30.04, 400 Note, 400.02, 
400.03, 401.04, 404.06, 405.01, 405.02, 405.04, 405.05, 405.07, 405.08, 
405.10, 406, 407, 408, 409, 411, 415, 417, 418, 419, 420, 421, 422, 
423, 424, 425, 426, 429, 436, 438, 439, 445m, 447 * * *'' is corrected 
to read: ``AM-9-95 modifies Chapter NR, Sections 30.03, 30.04, 400 
Note, 400.02, 400.03, 401.04, 404.06, 405.01, 405.02, 405.04, 405.05, 
405.07, 405.08, 405.10, 406, 407, 408, 409, 411, 415, 417, 418, 419, 
420, 421, 422, 423, 424, 425, 426, 429, 436, 438, 439, 447 * * *''.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because we are merely correcting 
an incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
this action is not a ``significant regulatory action'' and is therefore 
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). Because the 
agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedures Act or any other statute as indicated in the SUPPLEMENTARY 
INFORMATION section, above, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does 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), nor 
will it 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 
governments, as specified by Executive Order 13132 (64 FR 43255, August 
10, 1999). This rule also is not subject to Executive Order 13045 (62 
FR 19885, April 23, 1997), because it is not economically significant.
    This technical correction action does not involve technical 
standards; 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. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct, as required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 
(53 FR 8859, March 15, 1998) 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. This rule does not impose 
an information collection burden under 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 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of January 18, 
2007. 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. This correction to 40 CFR part 52 for 
Wisconsin is not a ``major rule'' as defined by 5 U.S.C. 804(2).


[[Page 2198]]


    Dated: December 29, 2006.
Gary Gulezian,
Acting Regional Administrator, Region 5.

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Particulate matter, 
Reporting and recordkeeping requirements.


0
Part 52 of chapter I, title 40, Code of Federal Regulations, 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.

Subpart YY--Wisconsin

0
2. Section 52.2570 is amended by revising paragraph (c)(98) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (98) On November 6, 1996, the State of Wisconsin submitted rules 
pertaining to requirements under the Prevention of Significant 
Deterioration program. Wisconsin also submitted rule packages as 
revisions to the state implementation plans for particulate matter and 
revisions to the state implementation plans for clarification changes.
    (i) Incorporated by reference. The following sections of the 
Wisconsin Administrative Code (WAC) are incorporated by reference. Both 
rule packages, AM-27-94 and AM-9-95, were published in the (Wisconsin) 
Register in April 1995, No. 472, and became effective May 1, 1995. AM-
27-94 modifies Chapter NR, Sections 400.02(39m), 404.05, 405.02, 
405.07, 405.08, 405.10, 405.14, and 484.04 of the WAC. AM-9-95 modifies 
Chapter NR, Sections 30.03, 30.04, 400 Note, 400.02, 400.03, 401.04, 
404.06, 405.01, 405.02, 405.04, 405.05, 405.07, 405.08, 405.10, 406, 
407, 408, 409, 411, 415, 417, 418, 419, 420, 421, 422, 423, 424, 425, 
426, 429, 436, 438, 439, 447, 448, 449, 484, 485, 488, 493, and 499 of 
the WAC.
* * * * *

 [FR Doc. E7-521 Filed 1-17-07; 8:45 am]
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