[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Rules and Regulations]
[Pages 5291-5294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01900]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0502; FRL-9905-32-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Total Suspended Particulate Matter SIP Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Wisconsin State 
Implementation Plan (SIP). The SIP revision repeals an obsolete Total 
Suspended Particulate Matter (TSP) rule to align the State's air 
quality standards with the current National Ambient Air Quality 
Standards (NAAQS). This action makes no substantive changes to the SIP 
and imposes no new requirements.

DATES: This direct final rule is effective April 1, 2014, unless EPA 
receives adverse comments by March 3, 2014. 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-2013-0502, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency,

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77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance 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-
2013-0502. 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 email. 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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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 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 Gilberto Alvarez, Environmental 
Scientist, at (312) 886-6143 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Gilberto Alvarez, Environmental 
Scientist, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6143, 
[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. Introduction
II. Removal of Obsolete or Unnecessary Rule
III. Final Action
IV. Statutory and Executive Order Reviews

I. Introduction

    The EPA is removing three sections from the State's air quality 
SIP, based on a rule change made by the State to repeal its TSP air 
quality standard. EPA originally regulated particulate matter (PM) 
measured using TSP, which is particulate up to 100 micrometers in 
diameter. EPA tightened the PM standards, as PM10 and 
PM2.5 in 1987 and 1997, respectively, which replaced the TSP 
secondary standard. Particulate matter larger than 10 micrometers 
generally is not inhaled into the lungs and standards based on 
PM10 and PM2.5 are found to adequately protect 
human health. This action removes the sections from 40 CFR part 52 that 
no longer have any use or legal effect because they have been 
superseded by subsequently approved SIP revisions.

II. Removal of Obsolete or Unnecessary Rule

    The Wisconsin Department of Natural Resources (WDNR) has requested 
removal of three sections of the Wisconsin administrative code from the 
SIP, to align the State's air quality standards with the current NAAQS 
for PM. EPA has reviewed the request and finds that the three sections 
should be removed for the reasons set forth as follows:

Section NR 404.02(11) TSP Definition

    Section NR 404.02(11) defines ``Total Suspended Particulates''. 
This definition is being removed because EPA has adopted air quality 
standards for PM10 and PM2.5, which are 
particulates of 10 micrometers and 2.5 micrometers, respectively. The 
PM10 and PM2.5 standards for smaller sized 
particles render the larger sized TSP particle standard obsolete.

Section NR 404.04(3) Particulate Matter Secondary Standard

    The NAAQS consist of both primary standards and secondary 
standards. Primary NAAQS provide public health protection. Secondary 
NAAQS provide public welfare protection, including protection against 
decreased visibility and damage to animals, crops, vegetation, and 
buildings. Section NR 404.04(3) defines the TSP secondary standard as 
150 micrograms per cubic meter, maximum 24-hour average concentration, 
not to be exceeded more than once per year. EPA replaced the TSP 
secondary standard with more protective PM10 and 
PM2.5 standards in 1987 and 1997, respectively.

Section NR 484.04(3) TSP Reference Method

    Section NR 484.04(3) incorporates by reference the test method for 
TSP. The reference method is used to determine particulate matter in 
the atmosphere. Because EPA replaced TSP air quality standards with 
PM10 and PM2.5 standards, the reference method is 
obsolete.

III. Final Action

    EPA has determined that the above-referenced sections should be 
removed at this time. EPA is publishing this rule without prior 
proposal because the Agency views this as a noncontroversial amendment 
and anticipates no adverse comment. However, in the proposed rules 
section of this Federal Register, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision if relevant 
adverse comments are filed. This rule will be effective on April 1, 
2014 without further notice, unless EPA receives relevant adverse 
comment March 3, 2014. If EPA receives relevant adverse comment, EPA 
will publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. EPA will address all public 
comments in a subsequent final rule based on the proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions

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of the rule that are not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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 Clean Air Act; 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 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 April 1, 2014. 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 it shall not postpone the 
effectiveness of such rule or action. Parties with objections to this 
direct final rule are encouraged to file a comment in response to the 
parallel notice of proposed rulemaking for this action published in the 
proposed rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Total 
Suspended Solids, Reporting and recordkeeping requirements.

    Dated: December 23, 2013.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 revising paragraphs (c)(64)(i)(A), 
(c)(65)(i)(A), (c)(73)(i)(J), and (c)(103)(i)(S), and by adding 
paragraph (c)(130) to read as follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (64) * * *
    (i) * * *
    (A) Wisconsin revised rules NR 439.03, NR 439.09 and NR 484.04, 
Wisconsin's Administrative Code, effective October 1, 1987. Section NR 
484.04(3) was repealed in 2011 and is removed without replacement; see 
paragraph (c)(130) of this section.
* * * * *
    (65) * * *
    (i) * * *
    (A) The rule packages revise NR 400.02, 404.02, 404.04, 405.02, 
406.04, and 484.03 of the Wisconsin Administrative Code. Sections NR 
404.02(11), NR 404.04(3), and 484.04(3) were repealed in 2011 and are 
removed without replacement; see paragraph (c)(130) of this section.
* * * * *
    (73) * * *
    (i) * * *
    (J) Chapter NR 484: INCORPORATION BY REFERENCE. NR 484.01 as 
published in the (Wisconsin) Register, May, 1992, No. 437, effective 
June 1, 1992. NR 484.02 as published in the (Wisconsin) Register, 
September, 1986, No. 369, effective October 1, 1986. NR 484.03 as 
published in the (Wisconsin) Register, May, 1993, No. 449, effective 
June 1, 1993. NR 484.04, 484.05 and 484.06 as published in the 
(Wisconsin) Register, December, 1993, No. 456, effective January 1, 
1994. NR 484.08 and 484.09 as published in the (Wisconsin) Register, 
October, 1992, No. 442, effective November 1, 1992. Section NR 
484.04(3) was repealed in 2011 and is removed without replacement; see 
paragraph (c)(130) of this section.
* * * * *
    (103) * * *
    (i) * * *
    (S) NR 484.04 as published in the (Wisconsin) Register, August 
2001, No. 548 and effective September 1, 2001. Section NR 484.04(3) was 
repealed in 2011 and is removed without

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replacement; see paragraph (c)(130) of this section.
* * * * *
    (130) On June 20, 2013, the Wisconsin Department of Natural 
Resources submitted a request to remove the state's TSP air quality 
standard, sections NR 404.02(11), NR 404.04(3), and NR 484.04(3) of the 
Wisconsin Administrative Code, from the state's air quality State 
Implementation Plan.
    (i) [Reserved]
    (ii) Additional material. Wisconsin Natural Resources Board October 
6, 2011, Board Order AM-23-07B to repeal the state's TSP air quality 
standard, as published in the Wisconsin Administrative Register 
November 2011, No. 671, effective December 1, 2011.

[FR Doc. 2014-01900 Filed 1-30-14; 8:45 am]
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