[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Rules and Regulations]
[Pages 5270-5272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2042]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0731; FRL-9250-6]


 Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving Wisconsin's revision to its State 
Implementation Plan (SIP), which updates its ambient air quality 
standards for fine particulates to conform with current Federal ambient 
air quality standards for the same criteria air pollutants. EPA 
received comments on its April 8, 2010, proposed rule and withdrew the 
accompanying Direct Final Rule. After considering the comments, EPA is 
approving the revisions to the Wisconsin SIP as requested by the State 
on September 11, 2009.

DATES: This final rule is effective on March 2, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2009-0731. All documents in the docket are listed on 
the http://www.regulations.gov Web site. 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. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the 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 p.m., Monday through Friday, 
excluding Federal holidays. We recommend that you telephone Matt Rau, 
Environmental Engineer, at (312) 886-6524 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, [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 is the background for this action?
II. What is EPA's analysis of the revision?
III. What are the environmental effects of this action?
IV. What comments were received and what is the EPA response?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. What is the background for this action?

    On September 11, 2009, Wisconsin requested a revision to its SIP to 
update the particulate matter ambient air quality standards to conform 
with the 2006 revisions to the Federal standards.
    EPA originally established National Ambient Air Quality Standards 
(NAAQS) for particulate matter in 1971. Particulate matter was measured 
in total suspended particulate (TSP). TSP is particulate up to 100 
micrometers in diameter. Then in 1987, EPA changed the indicator to 
coarse particulate matter (PM10), which is particulate up to 
10 micrometers in diameter. The PM10 standards replaced the 
TSP standards. Particulate matter larger than 10 micrometers generally 
is not inhaled into the lungs and thus PM10 was found to 
adequately protect human health.
    EPA added fine particulate matter (PM2.5) as an 
indicator of particulate matter in 1997, but also retained its 
PM10 NAAQS. The finer particulate matter measured as 
PM2.5 can remain suspended in the air longer and can 
penetrate deeply into the lungs more easily than PM10, so a 
lower PM2.5 concentration is needed to protect human health. 
Then in 2006, EPA revised its particulate matter ambient air quality 
standards again. EPA strengthened the 24-hour PM2.5 standard 
to its current level of 35 micrograms per

[[Page 5271]]

meter cubed ([micro]g/m\3\) and retained the annual PM2.5 
standard of 15.0 [micro]g/m\3\. In 2006, EPA also revoked the annual 
standard for PM10 because available evidence did not suggest 
a link between long term PM10 exposure and health problems. 
The 24-hour PM10 NAAQS of 150 [micro]g/m\3\ remains in 
place. Retaining the 24-hour PM10 standard protects against 
health problems linked to short-term coarse particle exposure; the 
annual and 24-hour PM2.5 standards protect against long-term 
and short-term fine particulate exposure respectively. Having both the 
PM2.5 and PM10 24-hour standards protects against 
the effects of short-term exposure to elevated levels of fine 
particulate and inhalable coarse PM, particulate between 2.5 and 10 
[micro]m. There is no difference between the primary standard, which 
protects human health, and the secondary standard, which protects 
public welfare, for each PM NAAQS.

II. What is EPA's analysis of the revision?

    Wisconsin revised chapters NR 404 and 484 of the Wisconsin 
Administration Code to add the definition of PM2.5 and the 
PM2.5 ambient air quality standards to its rules, consistent 
with current Federal PM2.5 standards. Wisconsin also removed 
the annual PM10 standard and retained the 24-hour 
PM10 standard. Thus, the Wisconsin PM10 standards 
are also consistent with the current Federal PM10 standards.
    The revisions made by Wisconsin are in accordance with the current 
Federal PM2.5 and PM10 standards. EPA is 
approving the revisions because the State's standards are at least as 
stringent as the Federal NAAQS for both PM2.5 and 
PM10 and thus will adequately protect human health and 
public welfare. Updating the Wisconsin standards adds clarity as an 
outdated state standard could cause confusion. Wisconsin's 
PM2.5 and PM10 standards are now the same as the 
2006 Federal NAAQS.

III. What are the environmental effects of this action?

    This action incorporates into the SIP Wisconsin's revised PM 
standards, which are consistent with the Federal PM2.5 and 
PM10 ambient air quality standards, including the more 
stringent standard for 24-hour PM2.5 standard. The current 
Federal standards are effective and enforceable nationwide.
    Particulate matter interferes with lung function when inhaled. 
Exposure to particulates can cause heart and lung disease. Particulate 
matter also aggravates asthma. Airborne particulate is the main source 
of haze that causes a reduction in visibility. Particulate matter is 
also deposited on the ground and in the water, changing nutrient and 
chemical balances.

IV. What comments were received and what is the EPA response?

    EPA published a direct final rule accompanied by a proposed rule on 
April 8, 2010 (75 FR 17865 and 17894). During the comment period EPA 
received comments from the Wisconsin Paper Council (WPC) adverse to the 
proposed approval. Therefore, EPA withdrew the direct final rule on 
June 2, 2010 (75 FR 30710).
    In its May 7, 2010 letter, the WPC opposed approval of the rule on 
five grounds. First, WPC asserts, ``EPA's stated basis for approving 
WDNR's SIP submittal is not completely accurate.'' WPC makes this claim 
because EPA stated that the Wisconsin particulate matter standards now 
match the current Federal standards, whereas Wisconsin has retained the 
annual secondary TSP, which was revoked at the Federal level in 1987. 
EPA responds by noting that Wisconsin's submission only requested that 
revisions to the PM2.5 and PM10 standards be 
incorporated into its SIP. Wisconsin never requested a revision to the 
TSP standard and thus EPA did not consider such a revision. EPA's April 
8, 2010 Federal Register notice states in Section I (What is the 
background for this action?) that Wisconsin's request ``is to update 
the particulate matter ambient air quality standards.'' The particulate 
matter standards were revised to match the 2006 Federal standards (75 
FR 17865). There is no mention of the TSP standard, which, as stated 
earlier, Wisconsin did not submit to EPA for review. EPA has revised 
its rule summary to clearly state that the Wisconsin PM2.5 
and PM10 standards now match the current Federal 
PM2.5 and PM10 standards. This makes it 
unmistakable that this approval applies only to the PM2.5 
and PM10 standards and not to the TSP standards. This 
revision was made only for clarification and thus the basis of the 
proposed approval remains valid.
    Second, WPC asserts, ``Wisconsin Statute section 285.21(1)(a) 
requires that WDNR repeal Wisconsin's particulate matter standard based 
on total suspended particulate as part of its request to adopt the new 
PM2.5 standard,'' and, third, that ``Wisconsin Statute 
section 285.21(4) also requires that WDNR repeal the Wisconsin TSP 
standard as part of its request to adopt the new PM2.5 
standard.'' These comments concern a state matter, as the requested SIP 
revision does not involve TSP. EPA also notes that the Wisconsin 
Natural Resources Board passed a resolution on May 25, 1989, that found 
it was necessary for Wisconsin to retain the secondary 24-hour TSP 
standard to protect public health and welfare in Wisconsin. Therefore, 
the retention of the 24-hour TSP standard is irrelevant to this 
approval and appears to be allowed under Wisconsin Statute section 
285.21 and the May 1989 Wisconsin Natural Resources Board resolution.
    WPC's fourth point is that, ``EPA's approval of the September 11, 
2009 SIP revision request would violate the Wisconsin SIP.'' A SIP is a 
state's collection of rules and orders designed to attain and maintain 
the NAAQS and Clean Air Act (CAA) requirements which are federally 
enforceable by EPA. There is no prohibition in the CAA, however, 
against a state adopting a standard or limitation into its SIP that is 
more stringent than the Federal standard, and EPA may enforce a state's 
SIP that goes beyond the Federal standard.
    The final comment was, ``EPA should disapprove WDNR's SIP revision 
request because it lacks the necessary regulatory tools to implement 
the PM2.5 standard.'' WPC seeks test methods, emission 
factors, significant impact levels, and more for fine particulates. WPC 
states that it would be difficult for sources to limit PM2.5 
emission without such regulatory tools. EPA notes that this approval is 
only for PM2.5 and PM10 ambient air quality 
standards. An ambient air quality standard does not place restrictions 
on emission sources by itself. Wisconsin must adopt emission control 
requirements to implement the PM2.5 NAAQS, and sources will 
be expected to comply with the state rules once promulgated.

V. What action is EPA taking?

    EPA is approving revisions to the Wisconsin SIP. Wisconsin revised 
chapters NR 404 and 484 of the Wisconsin Administration Code, to remove 
the annual PM10 standard from chapter NR 404, and added the 
definition of PM2.5 and the 2006 PM2.5 standards. 
Wisconsin incorporated by reference the Code of Federal Regulations 
(CFR) monitoring requirements into chapter NR 484 that correspond to 
the chapter NR 404 revisions. Specifically, Wisconsin incorporated 40 
CFR part 50 Appendices K, L, and M and 40 CFR Part 53 by reference into 
chapter NR 484.

[[Page 5272]]

VI. Statutory and Executive Order Reviews

    Under the 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 the 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 April 1, 2011. 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: December 29, 2010.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR 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.

Subpart YY--Wisconsin

0
2. Section 52.2570 is amended by revising paragraph (c)(121) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (121) On September 11, 2009, the Wisconsin Department of Natural 
Resources submitted a State Implementation Plan revision request. The 
State's ambient air quality standards were revised by adding fine 
particulate matter, PM2.5, standards and revising the coarse 
particulate matter, PM10, standards. Wisconsin added annual 
and 24-hour PM2.5 standards. It also revoked the annual 
PM10 ambient air quality standard while retaining the 24-
hour PM10 standard.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference:
    (A) NR 404.02 Definitions. NR 404.02(4e) ``PM2.5'' as 
published in the Wisconsin Administrative Register, on September 30, 
2009, No. 645, effective October 1, 2009.
    (B) NR 404.04 Ambient Air Quality Standards. NR 404.04 (8) 
``PM10: PRIMARY AND SECONDARY STANDARDS.'' and NR 404.04(9) 
``PM2.5: PRIMARY AND SECONDARY STANDARDS'' as published in 
the Wisconsin Administrative Register, on September 30, 2009, No. 645, 
effective October 1, 2009.
    (ii) Additional material.
    (A) NR 484.03 Code of Federal Regulations. NR 484.03(5) in Table 1 
as published in the Wisconsin Administrative Register, on September 30, 
2009, No. 645, effective October 1, 2009.
    (B) NR 484.04 Code of Federal Regulations appendices. NR 484.04 
(6), (6g), and (6r) in Table 2, as published in the Wisconsin 
Administrative Register, on September 30, 2009, No. 645, effective 
October 1, 2009.
* * * * *
[FR Doc. 2011-2042 Filed 1-28-11; 8:45 am]
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