Approval and Promulgation of Implementation Plan; Wisconsin, 22259-22263 [05-8598]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
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 government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and established in the Clean Air Act.
This rule also is not subject to Executive
Order 13045 ‘‘Protection of Children
from Environmental Health Risks and
Safety Risks’’ (62 FR 19885, April 23,
1997), because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. 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. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Name of source
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R05–OAR–2004–WI–0001; FRL–7901–2]
Approval and Promulgation of
Implementation Plan; Wisconsin
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
15:41 Apr 28, 2005
Jkt 205001
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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping
requirements.
Dated: April 20, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
C. Petitions for Judicial Review
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 June 28, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule
approving source-specific RACT
requirements for NSWCCD-SSES in the
Commonwealth of Pennsylvania does
not affect the finality of this rule for the
County
State effective
date
*
*
*
PA–04108 ............ Philadelphia .........
[FR Doc. 05–8609 Filed 4–28–05; 8:45 am]
VerDate jul<14>2003
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 804
exempts from section 801 the following
types of rules: (1) Rules of particular
applicability; (2) rules relating to agency
management or personnel; and (3) rules
of agency organization, procedure, or
practice that do not substantially affect
the rights or obligations of non-agency
parties. 5 U.S.C. 804(3). EPA is not
required to submit a rule report
regarding today’s action under section
801 because this is a rule of particular
applicability establishing sourcespecific requirements for NSWCCDSSES.
Permit No.
*
Naval Surface Warfare
Center, Caderock Division Ship Systems Engineering Station.
*
B. Submission to Congress and the
Comptroller General
22259
10/18/04
Frm 00015
Fmt 4700
Sfmt 4700
§ 52.2020
*
Identification of plan.
*
*
(d) * * *
(1) * * *
EPA approval date
*
*
4/29/05, [Insert page number where the document
begins].
SUMMARY: On August 29, 2003, EPA
published a final rule approving the
emission averaging program for existing
sources subject to the state’s rule
limiting oxides of nitrogen (NOX)
emissions in southeast Wisconsin. On
November 10, 2004 (69 FR 65069), EPA
published a direct final rule approving
a revision to the state rule that modifies
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. On
November 10, 2004 (69 FR 65117), EPA
PO 00000
2. In § 52.2020, the table in paragraph
(d)(1) is amended by adding the entry for
Naval Surface Warfare Center, Caderock
Division Ship Systems Engineering
Station at the end of the table to read as
follows:
I
*
*
Additional explanation/
§ 52.2063 citation
*
52.2020(d)(1)(j).
also published a proposed rule on this
revision. The direct final rule stated that
if EPA received an adverse comment,
EPA would withdraw the direct final
rule and address all public comments
received in a subsequent final rule
based on the proposed rule. EPA
received an adverse comment and
withdrew the direct final rule on
January 10, 2005 (70 FR 1663). This rule
responds to the comment received and
announces EPA’s final action.
DATES: This final rule is effective on
May 31, 2005.
ADDRESSES: EPA has established a
docket for this action under Regional
Material in EDocket (RME) Docket ID
E:\FR\FM\29APR1.SGM
29APR1
22260
Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
No. R05-OAR–2004-WI–0001. All
documents in the docket are listed in
the RME index at https://docket.epa.gov/
rmepub/, once in the system, select
‘‘quick search,’’ then key in the
appropriate RME Docket identification
number. 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 in RME or
in hard copy at the 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
Region 5 office. This facility is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal
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.
hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
B. How Can I Get Copies of This Document
and Other Related Information?
II. Public Comment Received and EPA
Response
III. What Action Is EPA Taking Today?
IV. Why Is the Request Approvable?
V. Statutory and Executive Order Review
I. General Information
A. Does This Action Apply to Me?
This action revises two parts of the
Wisconsin state implementation plan
(SIP) for the control of NOX emissions
from stationary sources as required by
state rule NR 428. The rule applies to
existing sources in eight counties in the
Milwaukee-Racine and Sheboygan
ozone nonattainment areas (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
VerDate jul<14>2003
15:41 Apr 28, 2005
Jkt 205001
Milwaukee-Racine and Sheboygan
ozone nonattainment areas (Kenosha,
Manitowoc, Milwaukee, Ozaukee,
Racine, Sheboygan, Washington, and
Waukesha counties). The second
revision creates a new NOX categorical
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. How Can I Get Copies of This
Document and Other Related
Information?
1. The Regional Office has established
an official public rulemaking file for this
action that is available both
electronically and in hard copy form at
the Regional office. The electronic
public rulemaking file can be found
under RME ID No. R05–OAR–2004–WI–
0001. The official public file consists of
the documents specifically referenced in
this action, any public comments
received, and other information related
to this action. Although a part of the
official docket, the public rulemaking
file does not include CBI or other
information whose disclosure is
restricted by statute. The hard copy
version of the official public rulemaking
file is available for public viewing at the
Air Programs Branch, Air and Radiation
Division, EPA Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604. EPA requests that if at all
possible, you contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m.
excluding Federal holidays.
II. Public Comment Received and EPA
Response
Comment: Since everyone knows that
gasoline mileage figures are taken under
perfect circumstances and do not affect
the ‘‘real world’’ of motoring, why
doesn’t the figure reflect worst-case
conditions, i.e. with air conditioning on
and rapid acceleration considered?
These conditions occur all the time.
Then we will be able to judge the auto’s
mileage fairly and not fairy tale figures
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
from EPA. Protect the environment,
don’t deceive it.
EPA Response: This comment is not
relevant to this action, since this action
pertains to controls on industrial
facilities and not automobiles.
III. What Action Is EPA Taking Today?
EPA is approving, as part of the
Wisconsin ozone SIP, certain sections of
Wisconsin rule NR 428, Control of
Nitrogen Oxide Emissions. These
revisions refer to the addition of
language to clarify which sources are
eligible to participate in the emissions
averaging program.
In addition, EPA is approving
language that creates a separate
categorical emission limit for new
combustion turbines which burn
biologically derived gaseous fuel.
Clarification of Emissions Averaging
Eligible Sources
The current version of NR 428
contained in the SIP allows utilities to
demonstrate compliance with NOX
emission limitations by averaging
emissions over multiple units. The rule
defines eligible units through the
combination of two provisions. NR
428.06(2)(a), the introduction to the
averaging program, specifies that a unit
must be subject to emission limitations
for existing units under NR 428.03. NR
428.06(2)(e)(3) specifies that, to be
eligible for the averaging program, a unit
must be allotted a portion of the total
15,912 tons of NOX emissions allocated
by the department based on fuel
consumption for 1995 through 1997.
This mass of NOX emissions is the
quantity determined by the Wisconsin
Department of Natural Resources (DNR)
for electric utility units with emission
limitations under NR 428.03 and which
have operated in the ozone
nonattainment area during the 1995 to
1997 time frame. Through these two
provisions the affected sources are
defined as 17 units at five facilities in
the nonattainment area, owned by WeEnergies, Alliant Energy, and the
Wisconsin Public Service.
Section NR 428.06(2)(a) is amended to
specify that an eligible unit must be
subject to the emission limitations for
utility boilers under NR 428.03(a). The
amendment eliminates the need to
reference two provisions in determining
eligible sources.
Eligible sources must still receive a
proportion of the total 15,912 tons of
NOX emissions as stated under NR
428.06(2)(e)(3). This revision does not
change the population of the sources
currently eligible under the existing SIP.
E:\FR\FM\29APR1.SGM
29APR1
Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
Categorical NOX Emission Limit for
Newly Installed Combustion Turbines
Fired With Biologically Derived Gaseous
Fuel
In this SIP revision, EPA is also
approving a new categorical NOX
emission limit for newly installed
combustion turbines which burn
biologically derived gaseous fuel. This
section of the rule applies to new
sources installed after February 1, 2001,
located in Kenosha, Milwaukee,
Ozaukee, Racine, Washington, and
Waukesha counties in southeastern
Wisconsin.
The Wisconsin DNR created this new
categorical NOX emission limit because
sources looking to install new
combustion turbines would not be able
to comply with the limit for natural gasfired units that would otherwise apply
under the provision of NR
428.04(2)(g)(1)(c). Currently, a newly
installed simple cycle combustion
turbine with a maximum design output
less than 40 megawatts and burning
biologically derived gaseous fuel is
subject to the SIP emission limitation of
25 parts per million dry volume
(ppmdv) of NOX at 15 percent oxygen
under NR 428.04(2)(g)(1)(c), which was
established for burning any type of
‘‘gaseous fuel.’’ In the development of
NR 428, the Wisconsin DNR anticipated
biologically derived gaseous fuels being
combusted in reciprocating engines and
not in a combustion turbine. Therefore,
biologically derived gaseous fuels were
not addressed in establishing the
combustion turbine emission limit of 25
ppmdv of NOX at 15 percent oxygen.
Instead, the emission limit was
established based solely on the
combustion of fossil gaseous fuels such
as natural gas or propane.
The Wisconsin DNR has determined
that a separate categorical standard of 35
ppmdv at 15 percent oxygen is
appropriate for a combustion turbine
burning landfill gas or any other
biologically derived fuel. Comparable
alternatives for controlling emissions
from sources that generate biologically
derived gaseous fuel, as currently
allowed under the SIP, are likely to
result in greater NOX emissions than the
combustion turbine. Landfills and
wastewater digester plants generate
biologically derived gaseous fuel as a
by-product. Instead of destroying the gas
by flaring, these facilities prefer to
generate electricity to drive their
pumping and gas collection systems.
The units capable of burning the
biologically derived gaseous fuel and
generating electricity are either a
combustion turbine or spark ignition
reciprocating engine. However, the
VerDate jul<14>2003
15:41 Apr 28, 2005
Jkt 205001
actual NOX emission rate of the
reciprocating engine is significantly
higher than the new categorical limit of
the combustion turbine.
The use of a combustion turbine’s
higher energy efficiency and lower
overall emissions potentially results in
further environmental benefit. First, the
turbine generates energy more
efficiently than a reciprocating engine or
power boiler burning biologically
derived fuel. Second, the additional
generated electricity for the same unit of
fuel can potentially offset emissions
from traditional electricity sources, such
as coal-fired utility plants.
Therefore, the Wisconsin DNR has
concluded that implementation of a
separate categorical limit is necessary
for the continued or increased use of
combustion turbines firing biologically
derived gaseous fuel. In addition, this
action is likely to result in lower NOX
emissions than originally allowed in the
ozone attainment demonstration
submitted to EPA in December 2000.
See 66 FR 56931, November 13, 2001.
The new categorical NOX limit is
expressed for both a simple cycle and
combined cycle combustion turbine
configuration.
The limit is placed in the section of
NOX emission limits for combustion
turbines under provision NR
428.04(2)(g)4 as follows:
NR 428.04(2)(g)4. ‘‘Units fired by a
biologically derived gaseous fuel.’’ No person
may cause, allow or permit nitrogen oxides
to be emitted from a biologically derived
gaseous fuel fired combustion turbine in
amounts greater than those specified in this
subdivision.
a. 35 parts per million dry volume
(ppmdv), corrected to 15% oxygen, on a 30day rolling average basis for a simple cycle
combustion turbine.
b. 35 parts per million dry volume
(ppmdv), corrected to 15% oxygen, on a 30day rolling average basis for a combined
cycle combustion turbine.
With the creation of the new
categorical emission limit, this revision
amends the introductory language under
provision NR 428.04(2)(g)(1), to
acknowledge that combustion turbines
only burning biologically derived
gaseous fuel are not subject to the more
stringent general emission limitations
for burning any type of ‘‘gaseous fuels’’.
The amended language references the
newly created subparagraph 4 and
reads:
NR 428.04(2)(g)1.(intro.) ‘‘Gaseous fuelfired units.’’ Except as provided in subds. 3.
and 4., no person may cause, allow or permit
nitrogen oxides to be emitted from a gaseous
fuel-fired combustion turbine in amounts
greater than those specified in this
subdivision.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
22261
Biologically derived gaseous fuel is
defined under the newly created
provision NR 428.02(1). The current
provision of NR 428.02(1) is
renumbered to NR 428.02(2). The newly
created definition is as follows:
NR 428.02(1) ‘‘Biologically derived
gaseous fuel’’ means a gaseous fuel resulting
from biological processing of a carbon-based
feedstock.
Units subject to the new categorical
limit for combustion turbines burning
biologically derived gaseous fuel must
meet the same compliance, monitoring,
and reporting requirements established
for all other new sources. These
requirements have already been
determined appropriate for combustion
turbines and approved by EPA in the
Wisconsin SIP.
EPA’s review of the revisions to
Wisconsin’s SIP regarding the control of
NOX emissions is contained in a
September 9, 2004, technical support
document available from EPA Region 5,
according to previously described
procedures in Section I of this notice.
IV. Why Is the Request Approvable?
EPA has concluded that the
modification to Wisconsin’s NOX SIP to
clarify those units eligible for
demonstrating compliance through
emission averaging does not change the
population of sources currently eligible
under the existing SIP. The approval of
the new categorical NOX emission limit
will have no negative impact on the
Wisconsin one-hour ozone attainment
demonstration SIP. The new categorical
standard will not result in any increase
in overall NOX emissions. To the
contrary, this action is anticipated to
reduce NOX emission levels on a sourceby-source basis below those allowed by
the December 2000 SIP. The comparable
alternative for burning biologically
derived fuel is a spark ignition
reciprocating engine with a higher NOX
emission rate than the new categorical
standard for combustion turbines. In
addition, there is a general
environmental benefit due to the use of
combustion turbines, in most cases,
generating energy (electricity and steam)
more efficiently than reciprocating
engines or power boilers.
V. Statutory and Executive Order
Review
Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget.
E:\FR\FM\29APR1.SGM
29APR1
22262
Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
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).
Regulatory Flexibility Act
This action merely approves state law
as meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
Unfunded Mandates Reform Act
Because this rule approves preexisting requirements under state law
and does not impose any additional
enforceable duty beyond that required
by state law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Public Law 104–4).
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This rule also does not have tribal
implications because it will 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).
Executive Order 13132: Federalism
This action also does not have
federalism implications because it does
not 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 government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act.
VerDate jul<14>2003
15:41 Apr 28, 2005
Jkt 205001
Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
National Technology Transfer
Advancement Act
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the state to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. 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.
Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Congressional Review Act
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 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. 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 May 31, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: March 28, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.
Part 52, Chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart YY—Wisconsin
2. Section 52.2570 is amended by
adding paragraph (c)(111) to read as
follows:
I
§ 52.2570
Identification of plan.
*
*
*
*
*
(c)* * *
(111) On May 25, 2004, Lloyd L.
Eagan, Director, Wisconsin Department
of Natural Resources, submitted a
revision to its rule for control of
nitrogen oxide (NOX) emissions as a
revision to the Wisconsin State
Implementation Plan. The revision
modifies language to clarify which
sources are eligible to participate in the
NOX emission averaging program to
demonstrate compliance as part of the
one-hour ozone attainment plan
approved by EPA for the MilwaukeeRacine and Sheboygan ozone
nonattainment areas (Kenosha,
Manitowoc, Milwaukee, Ozaukee,
Racine, Sheboygan, Washington, and
Waukesha counties). The rule revision
also creates a separate limit for new
combustion turbines burning
biologically derived gaseous fuels. 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.
(i) Incorporation by reference.
Wisconsin rules NR 428.02(1)and
(1m); NR 428.04(2)(g)(1); NR
428.04(2)(g)(4); and NR 428.06(2)(a) as
published in the (Wisconsin) Register,
E:\FR\FM\29APR1.SGM
29APR1
Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
December 2003, No.576 and effective
January 1, 2004.
[FR Doc. 05–8598 Filed 4–28–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–VA–0003; FRL–7905–9]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Minor Revisions to the Fugitive Dust
and Waiver Requirements
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve a revision to the
Virginia State Implementation Plan
(SIP). The revision removes oil
application as an acceptable alternative
fugitive dust emissions reduction
method, due to an existing prohibition
of oil application, on land, found in the
Virginia statute. In addition, the
revision changes a specific reference
from ‘‘Executive Director’’ to ‘‘Director.’’
EPA is approving these minor revisions
to Virginia’s regulations in accordance
with the requirements of the Clean Air
Act.
DATES: This rule is effective on June 28,
2005 without further notice, unless EPA
receives adverse written comment by
May 31, 2005. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R03–OAR–
2005–VA–0003 by one of the following
methods:
A. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Agency Web site: https://
www.docket.epa.gov/rmepub/ RME,
EPA’s electronic public docket and
comment system, is EPA’s preferred
method for receiving comments. Follow
the on-line instructions for submitting
comments.
C. E-mail: morris.makeba@epa.gov.
D. Mail: R03–OAR–2005–VA–0003,
Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previouslylisted EPA Region III address. Such
VerDate jul<14>2003
15:41 Apr 28, 2005
Jkt 205001
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
RME ID No. R03–OAR–2005–VA–0003.
EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.docket.epa.gov/rmepub/,
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 RME,
regulations.gov or e-mail. The EPA RME
and the Federal regulations.gov websites
are 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 RME or 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
electronic docket are listed in the RME
index at https://www.docket.epa.gov/
rmepub/. Although listed in the index,
some information is not publicly
available, i.e., 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 in RME or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
22263
FOR FURTHER INFORMATION CONTACT:
Linda Miller, (215) 814–2068, or by email at miller.linda@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 2, 2004, the Virginia
Department of Environmental Quality
submitted a formal revision to its State
Implementation Plan (SIP). The SIP
revision consists of minor modifications
to Virginia’s fugitive dust and waiver
regulations. These minor revisions
remove language that conflicts with the
Virginia statute and clarifies who may
grant a waiver.
II. Summary of SIP Revision
The SIP revision, submitted on
February 2, 2004, includes regulatory
modifications made to alleviate a
conflict between statutory provisions
and regulatory requirements. The
Virginia statute (Code of Virginia,
Section 62.1–44.34:18) prohibits the
discharge of oil upon land. The
previously SIP approved Virginia
regulations concerning fugitive dust/
emissions conflicted with the statutory
prohibition. The revisions to 9 VAC 5–
40–90 and 9 VAC 5–50–90 remove the
reference to application of oil as a
means to reduce fugitive dust emissions.
The change does not affect the
stringency of the SIP as there are several
other alternatives to reduce fugitive
emissions.
In addition, there are several other
minor editorial corrections made to 9
VAC 5–40–120 and 9 VAC 5–50–120.
The reference to ‘‘Executive Director’’ is
changed to ‘‘Director, ‘‘and the word
‘‘methods’’ is removed from several
provisions in the regulation. These
minor editorial changes do not alter the
interpretation of the SIP approved
regulations.
In 1995, Virginia adopted legislation
that provides, subject to certain
conditions, for an environmental
assessment (audit) ‘‘privilege’’ for
voluntary compliance evaluations
performed by a regulated entity. The
legislation further addresses the relative
burden of proof for parties either
asserting the privilege or seeking
disclosure of documents for which the
privilege is claimed.
Virginia’s legislation also provides,
subject to certain conditions, for a
penalty waiver for violations of
environmental laws when a regulated
entity discovers such violations
pursuant to a voluntary compliance
evaluation and voluntarily discloses
such violations to the Commonwealth
and takes prompt and appropriate
measures to remedy the violations.
Virginia’s Voluntary Environmental
E:\FR\FM\29APR1.SGM
29APR1
]]>Agencies
[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Rules and Regulations]
[Pages 22259-22263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8598]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2004-WI-0001; FRL-7901-2]
Approval and Promulgation of Implementation Plan; Wisconsin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On August 29, 2003, EPA published a final rule approving the
emission averaging program for existing sources subject to the state's
rule limiting oxides of nitrogen (NOX) emissions in
southeast Wisconsin. On November 10, 2004 (69 FR 65069), EPA published
a direct final rule approving a revision to the state rule that
modifies 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. On
November 10, 2004 (69 FR 65117), EPA also published a proposed rule on
this revision. The direct final rule stated that if EPA received an
adverse comment, EPA would withdraw the direct final rule and address
all public comments received in a subsequent final rule based on the
proposed rule. EPA received an adverse comment and withdrew the direct
final rule on January 10, 2005 (70 FR 1663). This rule responds to the
comment received and announces EPA's final action.
DATES: This final rule is effective on May 31, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Material in EDocket (RME) Docket ID
[[Page 22260]]
No. R05-OAR-2004-WI-0001. All documents in the docket are listed in the
RME index at https://docket.epa.gov/rmepub/, once in the system, select
``quick search,'' then key in the appropriate RME Docket identification
number. 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 in RME
or in hard copy at the 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 Region 5 office. This
facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal 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. hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
B. How Can I Get Copies of This Document and Other Related
Information?
II. Public Comment Received and EPA Response
III. What Action Is EPA Taking Today?
IV. Why Is the Request Approvable?
V. Statutory and Executive Order Review
I. General Information
A. Does This Action Apply to Me?
This action revises two parts of the Wisconsin state implementation
plan (SIP) for the control of NOX emissions from stationary
sources as required by state rule NR 428. The rule applies to existing
sources in eight counties in the Milwaukee-Racine and Sheboygan ozone
nonattainment areas (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 and Sheboygan ozone nonattainment areas (Kenosha,
Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and
Waukesha counties). The second revision creates a new NOX
categorical 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. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an official public
rulemaking file for this action that is available both electronically
and in hard copy form at the Regional office. The electronic public
rulemaking file can be found under RME ID No. R05-OAR-2004-WI-0001. The
official public file consists of the documents specifically referenced
in this action, any public comments received, and other information
related to this action. Although a part of the official docket, the
public rulemaking file does not include CBI or other information whose
disclosure is restricted by statute. The hard copy version of the
official public rulemaking file is available for public viewing at the
Air Programs Branch, Air and Radiation Division, EPA Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m. excluding Federal holidays.
II. Public Comment Received and EPA Response
Comment: Since everyone knows that gasoline mileage figures are
taken under perfect circumstances and do not affect the ``real world''
of motoring, why doesn't the figure reflect worst-case conditions, i.e.
with air conditioning on and rapid acceleration considered? These
conditions occur all the time. Then we will be able to judge the auto's
mileage fairly and not fairy tale figures from EPA. Protect the
environment, don't deceive it.
EPA Response: This comment is not relevant to this action, since
this action pertains to controls on industrial facilities and not
automobiles.
III. What Action Is EPA Taking Today?
EPA is approving, as part of the Wisconsin ozone SIP, certain
sections of Wisconsin rule NR 428, Control of Nitrogen Oxide Emissions.
These revisions refer to the addition of language to clarify which
sources are eligible to participate in the emissions averaging program.
In addition, EPA is approving language that creates a separate
categorical emission limit for new combustion turbines which burn
biologically derived gaseous fuel.
Clarification of Emissions Averaging Eligible Sources
The current version of NR 428 contained in the SIP allows utilities
to demonstrate compliance with NOX emission limitations by
averaging emissions over multiple units. The rule defines eligible
units through the combination of two provisions. NR 428.06(2)(a), the
introduction to the averaging program, specifies that a unit must be
subject to emission limitations for existing units under NR 428.03. NR
428.06(2)(e)(3) specifies that, to be eligible for the averaging
program, a unit must be allotted a portion of the total 15,912 tons of
NOX emissions allocated by the department based on fuel
consumption for 1995 through 1997. This mass of NOX
emissions is the quantity determined by the Wisconsin Department of
Natural Resources (DNR) for electric utility units with emission
limitations under NR 428.03 and which have operated in the ozone
nonattainment area during the 1995 to 1997 time frame. Through these
two provisions the affected sources are defined as 17 units at five
facilities in the nonattainment area, owned by We-Energies, Alliant
Energy, and the Wisconsin Public Service.
Section NR 428.06(2)(a) is amended to specify that an eligible unit
must be subject to the emission limitations for utility boilers under
NR 428.03(a). The amendment eliminates the need to reference two
provisions in determining eligible sources.
Eligible sources must still receive a proportion of the total
15,912 tons of NOX emissions as stated under NR
428.06(2)(e)(3). This revision does not change the population of the
sources currently eligible under the existing SIP.
[[Page 22261]]
Categorical NOX Emission Limit for Newly Installed
Combustion Turbines Fired With Biologically Derived Gaseous Fuel
In this SIP revision, EPA is also approving a new categorical
NOX emission limit for newly installed combustion turbines
which burn biologically derived gaseous fuel. This section of the rule
applies to new sources installed after February 1, 2001, located in
Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha counties
in southeastern Wisconsin.
The Wisconsin DNR created this new categorical NOX
emission limit because sources looking to install new combustion
turbines would not be able to comply with the limit for natural gas-
fired units that would otherwise apply under the provision of NR
428.04(2)(g)(1)(c). Currently, a newly installed simple cycle
combustion turbine with a maximum design output less than 40 megawatts
and burning biologically derived gaseous fuel is subject to the SIP
emission limitation of 25 parts per million dry volume (ppmdv) of
NOX at 15 percent oxygen under NR 428.04(2)(g)(1)(c), which
was established for burning any type of ``gaseous fuel.'' In the
development of NR 428, the Wisconsin DNR anticipated biologically
derived gaseous fuels being combusted in reciprocating engines and not
in a combustion turbine. Therefore, biologically derived gaseous fuels
were not addressed in establishing the combustion turbine emission
limit of 25 ppmdv of NOX at 15 percent oxygen. Instead, the
emission limit was established based solely on the combustion of fossil
gaseous fuels such as natural gas or propane.
The Wisconsin DNR has determined that a separate categorical
standard of 35 ppmdv at 15 percent oxygen is appropriate for a
combustion turbine burning landfill gas or any other biologically
derived fuel. Comparable alternatives for controlling emissions from
sources that generate biologically derived gaseous fuel, as currently
allowed under the SIP, are likely to result in greater NOX
emissions than the combustion turbine. Landfills and wastewater
digester plants generate biologically derived gaseous fuel as a by-
product. Instead of destroying the gas by flaring, these facilities
prefer to generate electricity to drive their pumping and gas
collection systems. The units capable of burning the biologically
derived gaseous fuel and generating electricity are either a combustion
turbine or spark ignition reciprocating engine. However, the actual
NOX emission rate of the reciprocating engine is
significantly higher than the new categorical limit of the combustion
turbine.
The use of a combustion turbine's higher energy efficiency and
lower overall emissions potentially results in further environmental
benefit. First, the turbine generates energy more efficiently than a
reciprocating engine or power boiler burning biologically derived fuel.
Second, the additional generated electricity for the same unit of fuel
can potentially offset emissions from traditional electricity sources,
such as coal-fired utility plants.
Therefore, the Wisconsin DNR has concluded that implementation of a
separate categorical limit is necessary for the continued or increased
use of combustion turbines firing biologically derived gaseous fuel. In
addition, this action is likely to result in lower NOX
emissions than originally allowed in the ozone attainment demonstration
submitted to EPA in December 2000. See 66 FR 56931, November 13, 2001.
The new categorical NOX limit is expressed for both a simple
cycle and combined cycle combustion turbine configuration.
The limit is placed in the section of NOX emission
limits for combustion turbines under provision NR 428.04(2)(g)4 as
follows:
NR 428.04(2)(g)4. ``Units fired by a biologically derived
gaseous fuel.'' No person may cause, allow or permit nitrogen oxides
to be emitted from a biologically derived gaseous fuel fired
combustion turbine in amounts greater than those specified in this
subdivision.
a. 35 parts per million dry volume (ppmdv), corrected to 15%
oxygen, on a 30-day rolling average basis for a simple cycle
combustion turbine.
b. 35 parts per million dry volume (ppmdv), corrected to 15%
oxygen, on a 30-day rolling average basis for a combined cycle
combustion turbine.
With the creation of the new categorical emission limit, this
revision amends the introductory language under provision NR
428.04(2)(g)(1), to acknowledge that combustion turbines only burning
biologically derived gaseous fuel are not subject to the more stringent
general emission limitations for burning any type of ``gaseous fuels''.
The amended language references the newly created subparagraph 4 and
reads:
NR 428.04(2)(g)1.(intro.) ``Gaseous fuel-fired units.'' Except
as provided in subds. 3. and 4., no person may cause, allow or
permit nitrogen oxides to be emitted from a gaseous fuel-fired
combustion turbine in amounts greater than those specified in this
subdivision.
Biologically derived gaseous fuel is defined under the newly
created provision NR 428.02(1). The current provision of NR 428.02(1)
is renumbered to NR 428.02(2). The newly created definition is as
follows:
NR 428.02(1) ``Biologically derived gaseous fuel'' means a
gaseous fuel resulting from biological processing of a carbon-based
feedstock.
Units subject to the new categorical limit for combustion turbines
burning biologically derived gaseous fuel must meet the same
compliance, monitoring, and reporting requirements established for all
other new sources. These requirements have already been determined
appropriate for combustion turbines and approved by EPA in the
Wisconsin SIP.
EPA's review of the revisions to Wisconsin's SIP regarding the
control of NOX emissions is contained in a September 9,
2004, technical support document available from EPA Region 5, according
to previously described procedures in Section I of this notice.
IV. Why Is the Request Approvable?
EPA has concluded that the modification to Wisconsin's
NOX SIP to clarify those units eligible for demonstrating
compliance through emission averaging does not change the population of
sources currently eligible under the existing SIP. The approval of the
new categorical NOX emission limit will have no negative
impact on the Wisconsin one-hour ozone attainment demonstration SIP.
The new categorical standard will not result in any increase in overall
NOX emissions. To the contrary, this action is anticipated
to reduce NOX emission levels on a source-by-source basis
below those allowed by the December 2000 SIP. The comparable
alternative for burning biologically derived fuel is a spark ignition
reciprocating engine with a higher NOX emission rate than
the new categorical standard for combustion turbines. In addition,
there is a general environmental benefit due to the use of combustion
turbines, in most cases, generating energy (electricity and steam) more
efficiently than reciprocating engines or power boilers.
V. Statutory and Executive Order Review
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
[[Page 22262]]
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
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).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
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).
Executive Order 13132: Federalism
This action also does not have federalism implications because it
does not 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
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. 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.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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 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. 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 May 31, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: March 28, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.
0
Part 52, Chapter I, 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)(111) to read as
follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c)* * *
(111) On May 25, 2004, Lloyd L. Eagan, Director, Wisconsin
Department of Natural Resources, submitted a revision to its rule for
control of nitrogen oxide (NOX) emissions as a revision to
the Wisconsin State Implementation Plan. The revision modifies language
to clarify which sources are eligible to participate in the
NOX emission averaging program to demonstrate compliance as
part of the one-hour ozone attainment plan approved by EPA for the
Milwaukee-Racine and Sheboygan ozone nonattainment areas (Kenosha,
Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and
Waukesha counties). The rule revision also creates a separate limit for
new combustion turbines burning biologically derived gaseous fuels. 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.
(i) Incorporation by reference.
Wisconsin rules NR 428.02(1)and (1m); NR 428.04(2)(g)(1); NR
428.04(2)(g)(4); and NR 428.06(2)(a) as published in the (Wisconsin)
Register,
[[Page 22263]]
December 2003, No.576 and effective January 1, 2004.
[FR Doc. 05-8598 Filed 4-28-05; 8:45 am]
BILLING CODE 6560-50-P
