[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Rules and Regulations]
[Pages 62889-62891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25039]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0389; FRL-8711-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Approval of Rule Clarifications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Wisconsin State 
Implementation Plan (SIP) submitted by the Wisconsin Department of 
Natural Resources (WDNR) on March 28, 2008. The WDNR has submitted for 
approval revisions to incorporate Federal regulations into the 
Wisconsin Administrative Code, to clarify construction permit 
requirements under general permits, to revise portable source 
relocation requirements, and to amend rule language to streamline the 
minor revision permit process to allow construction permits to be 
issued concurrently with operation permits. EPA is approving these 
revisions because they are consistent with Federal regulations 
governing State permit programs.

DATES: This direct final rule will be effective December 22, 2008, 
unless EPA receives adverse comments by November 21, 2008. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0389, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (312) 886-5824.
    4. Mail: Pamela Blakley, Chief, Air Permits Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Air Permits Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only 
accepted during the Regional Office normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information. The Regional Office official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2008-0389. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, 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 www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
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 www.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.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 
8:30 a.m. to 4:30 a.m., Monday through Friday, excluding Federal 
holidays. We recommend that you telephone Susan Castellanos, 
Environmental Engineer, at (312) 353-2654 before visiting the Region 5 
office.

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

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What Revisions Did WDNR Submit?
II. What Action Is EPA Taking on This Submittal?
III. Statutory and Executive Order Reviews

I. What Revisions Did WDNR Submit?

    On March 28, 2008, WDNR submitted a SIP revision request to EPA for 
approval. These revisions incorporate Federal regulations into the 
Wisconsin Administrative Code, clarify construction permit requirements 
under general permits, revise portable source relocation requirements, 
and amend rule language to streamline the minor revision permit process 
to allow construction permits to be issued concurrently with operation 
permits.
    The submittal requests that EPA approve the following revisions to 
WDNR's SIP:
    (1) To renumber and create NR 400.02(162)(a)49. Wisconsin rule NR 
400.02 contains air pollution definitions, and the change will update 
the definitions to exclude a compound from the list of volatile organic 
compounds to reflect a rule change made by EPA.
    (2) To amend NR 406.04(2m)(b), 406.15(3)(a), and to create 
406.04(2m)(b)(note). NR 406 contains construction permit requirements, 
and the change to NR 406.04 will clarify when a construction permit is 
needed for sources covered under general operation permits. The change 
to NR 406.15 amends the numerical emission threshold limitations to 
language limiting the relocation limitations to less than major source 
thresholds.
    (3) To repeal NR 407.02(6)(b)4 to 7, to amend 407.02(4)(b)27, and 
407.10(4)(a)2, and to create 407.02(3e), and 407.10(4)(a)2(note). NR 
407 contains operation permit requirements, and the change to NR 407.02 
will revise the Federal standards regarding fugitive emissions and 
permitting standards. The portions of NR 407.02 which are repealed deal 
with source categories which are no longer required to obtain a Part 70 
Title V permit due to rule changes made by EPA. The change to NR 407.10 
also clarifies when a construction permit is needed for sources covered 
under general operation permits.
    (4) To amend NR 410.03(4). NR 410 contains air permit, emission, 
and

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inspection fees, and the revisions to NR 410.03 will allow WDNR to bill 
the applicant for the construction permit fee when the permit is 
issued, streamlining the process for minor revisions to those permits.
    WDNR held a public hearing on June 12, 2007, for these changes. 
WDNR proposed the rule revisions to the Wisconsin Natural Resources 
Board for adoption on September 24, 2007, and the Board approved the 
final rule revisions, which became effective on May 1, 2008.

II. What Action is EPA Taking on this Submittal?

    EPA is approving revisions to Wisconsin's SIP rules NR 400, NR 406, 
NR 407, and NR 410 submitted by the State on March 28, 2008.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective December 22, 
2008 without further notice unless we receive relevant adverse written 
comments by November 21, 2008. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. The EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so at this time. If we do not receive any comments, this 
action will be effective December 22, 2008.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the CAA 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically ``significant regulatory action'' 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a ``significant regulatory action'' subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 Congress and to the Comptroller General of the United 
States. EPA will submit a report containing this action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 22, 2008. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 21, 2008.
Lynn Buhl,
Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40 
of the 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 adding paragraph (c)(118) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (118) On March 28, 2008, Wisconsin submitted for EPA approval into 
the Wisconsin SIP a revision to repeal NR 407.02(6)(b)4 to 7; to 
renumber NR 400.02(162)(a)49; to amend NR 406.04(2m)(b), 406.15(3)(a), 
407.02(4)(b)27, 407.10(4)(a)2, and 410.03(4); to create NR 
400.02(162)(a)49, 406.04(2m)(b)(note), 407.02(3e), and 
407.10(4)(a)2(note), Wis. Admin. Code, effective May 1, 2008. These 
revisions revise Wisconsin's rules to incorporate Federal regulations 
into the Wisconsin Administrative Code, to clarify construction permit 
requirements under general permits, revise portable source relocation 
requirements, and to amend rule language to streamline the minor 
revision permit process to allow construction permits to be issued

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concurrently with operation permits. EPA has determined that this 
revision is approvable under the Act.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference:
    (A) NR 400.02 Definitions. NR 400.02(162)(a)49 and NR 
400.02(162)(a)50, as published in the Wisconsin Administrative 
Register, April 30, 2008, No. 628, effective May 1, 2008.
    (B) NR 406.04 Direct sources exempt from construction permit 
requirements. NR 406.04(2m)(b) and NR 406.04(2m)(b)(note), as published 
in the Wisconsin Administrative Register, April 30, 2008, No. 628, 
effective May 1, 2008.
    (C) NR 406.15 Relocation of portable sources. NR 406.15(3)(a), as 
published in the Wisconsin Administrative Register, April 30, 2008, No. 
628, effective May 1, 2008.
    (D) NR 407.02 Definitions. NR 407.02(3e), and NR 407.02(4)(b)27, as 
published in the Wisconsin Administrative Register, April 30, 2008, No. 
628, effective May 1, 2008.
    (E) NR 407.10 General operation permits. NR 407.10(4)(a)2 and NR 
407.10(4)(a)2(note), as published in the Wisconsin Administrative 
Register, April 30, 2008, No. 628, effective May 1, 2008.
    (F) NR 410.03 Application fee. NR 410.03(4), as published in the 
Wisconsin Administrative Register, April 30, 2008, No. 628, effective 
May 1, 2008.
* * * * *
[FR Doc. E8-25039 Filed 10-21-08; 8:45 am]
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