Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Approval of Construction Permit Waiver, 12893-12895 [E8-4582]

Download as PDF Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ will be available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine Safety, Navigation (water), Reporting & Recordkeeping requirements, Security measures, and Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: on board a vessel displaying a U.S. Coast Guard Ensign. (3) The Captain of the Port, Sector North Carolina can be contacted at telephone number (252) 247–4570 or (252) 247–4571. (4) Coast Guard vessels enforcing the safety zone can be contacted on VHF– FM marine band radio, Channel 13 (156.65Mhz) and Channel 16 (156.8Mhz). (d) Enforcement period: This regulation will be enforced from 8 p.m. to 10 p.m. on April 4, 2008. (e) Effective Date: This regulation is effective from 8 p.m. until 10 p.m. on April 4, 2008. Dated: February 28, 2008. G.D. Case, Commander, U.S. Coast Guard, Acting Captain of the Port Sector North Carolina. [FR Doc. E8–4799 Filed 3–10–08; 8:45 am] POSTAL SERVICE 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5.; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T05–014 to read as follows: I yshivers on PROD1PC62 with RULES Rules of Practice in Proceedings Relative to Disciplinary Action for Violations of Restrictions on PostEmployment Activity ACTION: (a) Location: The following area is a safety zone: All waters of Pasquotank River within a 300 foot radius of approximate position 36°18′16″N 076°12′52″W in the Captain of the Port Sector North Carolina zone as defined in 33 CFR 3.25–20. (b) Definition: As used in this section; Captain of the Port Representative means any U.S. Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port to act on his behalf. (c) Regulation: (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port or designated representative. (2) The operator of any vessel in the immediate vicinity of this safety zone shall: (i) Stop the vessel immediately upon being directed to do so by any commissioned, warrant or petty officer on board a vessel displaying a U.S. Coast Guard Ensign; (ii) Proceed as directed by any commissioned, warrant or petty officer Jkt 214001 39 CFR Part 956 AGENCY: § 165.T05–014 Safety Zone: Pasquotank River, Elizabeth City, North Carolina. 15:22 Mar 10, 2008 PART 956—[REMOVED AND RESERVED] I 1. Remove and reserve Part 956. Stanley F. Mires, Chief Counsel, Legislative. [FR Doc. 08–946 Filed 3–10–08; 8:45 am] BILLING CODE 7710–12–M ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2007–0717; FRL–8533–1] Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Approval of Construction Permit Waiver Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: BILLING CODE 4910–15–P PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS VerDate Aug<31>2005 12893 Postal Service. Final rule. SUMMARY: The Postal Service is removing the Rules of Practice in Proceedings Relative to Disciplinary Action for Violations of Restrictions on Post-Employment Activity. DATES: Effective Date: March 11, 2008. FOR FURTHER INFORMATION CONTACT: Diane M. Mego, (703) 812–1905. The Postal Service is removing the Rules of Practice in Proceedings Relative to Disciplinary Action for Violations of Restrictions on Post-Employment Activity. These provisions have been superseded by the Standards of Ethical Conduct for Employees of the Executive Branch issued by the Office of Government Ethics. This revision is a mandated charge in the agency rules of procedure before the Judicial Officer and, therefore, it is appropriate for its adoption by the Postal Service to become effective immediately. Accordingly, the Postal Service removes and reserves 39 CFR part 956 as set forth below: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 SUMMARY: EPA is approving revisions to the Wisconsin State Implementation Plan (SIP) submitted by the Wisconsin Department of Natural Resources (WDNR) on May 1, 2007. The WDNR has submitted for approval into its SIP a revision which allows the WDNR to issue a waiver to a source allowing it to commence construction prior to a construction permit being issued, in certain cases. This provision is only allowed for minor sources that meet specific criteria, and WDNR must follow established procedures to grant a waiver. In addition, the revision also contains changes to Wisconsin’s fee provisions to allow a fee to be charged for the waiver. EPA proposed approval of this revision on December 4, 2007 (72 FR 68119). EPA did not receive any comments. EPA is approving this revision because it is consistent with Federal regulations governing state permit programs. DATES: This final rule is effective on April 10, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2007–0717. All documents in the docket are listed on the https://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 https://www.regulations.gov or in hard E:\FR\FM\11MRR1.SGM 11MRR1 12894 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations 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 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), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–2654, castellanos.susan@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. Background Information on Today’s Action II. What Comments did we Receive? III. What Action is EPA Taking Today? IV. Statutory and Executive Order Reviews yshivers on PROD1PC62 with RULES I. Background Information on Today’s Action On December 4, 2007, EPA published a proposed approval for a revision to Wisconsin’s construction permit program (72 FR 68119). This revision to Wisconsin’s SIP renumbers and amends NR 406.03, amends NR 410.03 (intro.) and creates NR 406.03(2) and NR 410.03(l)(bm), Wis. Admin. Code. These changes allow WDNR to issue a waiver to a source allowing it to commence construction in certain cases prior to a construction permit being issued. These revisions also contain changes to Wisconsin’s fee provisions to allow a fee to be charged for the waiver. Wisconsin Rule NR 406 contains the requirements and procedures for construction permits. The revisions to NR 406.03 require the following conditions to be satisfied before the State may grant a source a waiver: (1) A complete construction permit application has been submitted for the source; (2) the source and the proposed project will result in the source remaining a true minor source (no synthetic minor or netting permits); (3) the waiver request must demonstrate that undue hardship will result if the waiver is not granted; and (4) the source is not located or to be located within 10 kilometers of a Class I area. Undue hardship may result from adverse weather conditions, catastrophic damage of existing equipment, a substantial financial hardship that may preclude the project in its entirety, and other unique conditions. VerDate Aug<31>2005 15:22 Mar 10, 2008 Jkt 214001 The rule further states that a waiver does not obligate the WDNR to ultimately approve the project, or relieve the source from compliance with any applicable regulation. Finally, if a waiver is granted and the source proceeds with construction, the rule specifies that it is doing so at its own risk, and the source may not operate until the permit is issued. WDNR may rescind a waiver if the owner or operator does not diligently respond to inquiries on the construction permit application or if WDNR preliminarily determines that the source will not meet the criteria for permit approval. Additional changes are being made to NR 410, Wisconsin’s air permit fee rules, to include fees for waivers. NR 410.03(1)(a)(5), related to the fees for a construction permit revision, is amended to exempt the fee if the requested revision is to make the source eligible for a registration operation permit. II. What Comments did we Receive? Notice of the public comment period for the proposed approval of Wisconsin SIP revision was published on December 4, 2007 (72 FR 68119). The public comment period ended on January 3, 2008. EPA did not receive any comments on the proposed revision. III. What Action is EPA Taking Today? EPA is approving the revisions to Wisconsin’s SIP to renumber and amend NR 406.03, to amend NR 410.03(intro.) and to create NR 406.03(2) and NR 410.03(l)(bm). These changes allow WDNR to issue a waiver to a source allowing it to commence construction in certain cases prior to a construction permit being issued. These revisions also contain changes to Wisconsin’s fee provisions to allow a fee to be charged for the waiver. IV. Statutory and Executive Order Reviews. 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. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use Because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 or a ‘‘significant regulatory action,’’ this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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 (Pub. L. 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 approves a state rule implementing a Federal Standard. E:\FR\FM\11MRR1.SGM 11MRR1 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations 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. Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: February 13, 2008. Bharat Mathur, Acting Regional Administrator, Region 5. For the reasons stated in the preamble, part 52, chapter I, of 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. yshivers on PROD1PC62 with RULES 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.). Subpart YY—Wisconsin 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 12, 2008. 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).) § 52.2570 2. Section 52.2570 is amended by adding paragraph (c)(117) to read as follows: I Identification of plan. * * * * * (c) * * * (117) On May 1, 2007, Wisconsin submitted for EPA approval into the Wisconsin SIP a revision to renumber and amend NR 406.03, to amend NR 410.03(intro.) and to create NR 406.03(2) and NR 410.03(l)(bm) Wis. Admin. Code, effective June 1, 2007. This revision allows WDNR to issue a waiver to a source allowing it to commence construction prior to a construction permit being issued. This provision is only allowed for minor sources which meet specific criteria. These revisions also revise Wisconsin’s fee provisions to allow a fee to be charged for the waiver. 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 406.03 as published in the (Wisconsin) Register, May 2007, No. 617, effective June 01, 2007. (B) NR 410.03(intro.) and NR 410.03(l)(bm) as published in the (Wisconsin) Register, May 2007, No. 617, effective June 01, 2007. [FR Doc. E8–4582 Filed 3–10–08; 8:45 am] BILLING CODE 6560–50–P List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, VerDate Aug<31>2005 15:22 Mar 10, 2008 Jkt 214001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 12895 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [MD201–3117; FRL–8536–3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Update to Materials Incorporated by Reference; Correction Environmental Protection Agency (EPA). ACTION: Final rule; notice of administrative change; correcting amendment. AGENCY: SUMMARY: This document corrects an omission in the part 52 Identification of Plan table for Maryland which summarizes the applicable sourcespecific requirements which comprise the current EPA-approved Maryland State Implementation Plan (SIP). DATES: Effective Date: This action is effective March 11, 2008. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103; the Air and Radiation Docket and Information Center, EPA Headquarters Library, Room Number 3334, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration. If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566– 1742; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/ federal_register/code_of_federal_ regulations/ibr_locations.html. FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814–2108 or by e-mail at frankford.harold@epa.gov. SUPPLEMENTARY INFORMATION: On May 18, 2007 (72 FR 27957), EPA published an update of materials submitted by Maryland that are incorporated by reference (IBR) into the Maryland State implementation plan (SIP) as of March 15, 2007. The regulations and sourcespecific requirements affected by this update (summarized in the tables cited as 40 CFR 52.1070(c) and (d) respectively) had been previously submitted by the Maryland Department of the Environment (MDE) and approved by EPA. In the table cited as E:\FR\FM\11MRR1.SGM 11MRR1

Agencies

[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12893-12895]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4582]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-0717; FRL-8533-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Approval of Construction Permit Waiver

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving revisions to the Wisconsin State 
Implementation Plan (SIP) submitted by the Wisconsin Department of 
Natural Resources (WDNR) on May 1, 2007. The WDNR has submitted for 
approval into its SIP a revision which allows the WDNR to issue a 
waiver to a source allowing it to commence construction prior to a 
construction permit being issued, in certain cases. This provision is 
only allowed for minor sources that meet specific criteria, and WDNR 
must follow established procedures to grant a waiver. In addition, the 
revision also contains changes to Wisconsin's fee provisions to allow a 
fee to be charged for the waiver. EPA proposed approval of this 
revision on December 4, 2007 (72 FR 68119). EPA did not receive any 
comments. EPA is approving this revision because it is consistent with 
Federal regulations governing state permit programs.

DATES: This final rule is effective on April 10, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2007-0717. All documents in the docket are listed on 
the https://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 https://www.regulations.gov or in hard

[[Page 12894]]

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 
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), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-2654, castellanos.susan@epa.gov.

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

I. Background Information on Today's Action
II. What Comments did we Receive?
III. What Action is EPA Taking Today?
IV. Statutory and Executive Order Reviews

I. Background Information on Today's Action

    On December 4, 2007, EPA published a proposed approval for a 
revision to Wisconsin's construction permit program (72 FR 68119). This 
revision to Wisconsin's SIP renumbers and amends NR 406.03, amends NR 
410.03 (intro.) and creates NR 406.03(2) and NR 410.03(l)(bm), Wis. 
Admin. Code. These changes allow WDNR to issue a waiver to a source 
allowing it to commence construction in certain cases prior to a 
construction permit being issued. These revisions also contain changes 
to Wisconsin's fee provisions to allow a fee to be charged for the 
waiver.
    Wisconsin Rule NR 406 contains the requirements and procedures for 
construction permits. The revisions to NR 406.03 require the following 
conditions to be satisfied before the State may grant a source a 
waiver: (1) A complete construction permit application has been 
submitted for the source; (2) the source and the proposed project will 
result in the source remaining a true minor source (no synthetic minor 
or netting permits); (3) the waiver request must demonstrate that undue 
hardship will result if the waiver is not granted; and (4) the source 
is not located or to be located within 10 kilometers of a Class I area. 
Undue hardship may result from adverse weather conditions, catastrophic 
damage of existing equipment, a substantial financial hardship that may 
preclude the project in its entirety, and other unique conditions.
    The rule further states that a waiver does not obligate the WDNR to 
ultimately approve the project, or relieve the source from compliance 
with any applicable regulation. Finally, if a waiver is granted and the 
source proceeds with construction, the rule specifies that it is doing 
so at its own risk, and the source may not operate until the permit is 
issued. WDNR may rescind a waiver if the owner or operator does not 
diligently respond to inquiries on the construction permit application 
or if WDNR preliminarily determines that the source will not meet the 
criteria for permit approval.
    Additional changes are being made to NR 410, Wisconsin's air permit 
fee rules, to include fees for waivers. NR 410.03(1)(a)(5), related to 
the fees for a construction permit revision, is amended to exempt the 
fee if the requested revision is to make the source eligible for a 
registration operation permit.

II. What Comments did we Receive?

    Notice of the public comment period for the proposed approval of 
Wisconsin SIP revision was published on December 4, 2007 (72 FR 68119). 
The public comment period ended on January 3, 2008. EPA did not receive 
any comments on the proposed revision.

III. What Action is EPA Taking Today?

    EPA is approving the revisions to Wisconsin's SIP to renumber and 
amend NR 406.03, to amend NR 410.03(intro.) and to create NR 406.03(2) 
and NR 410.03(l)(bm). These changes allow WDNR to issue a waiver to a 
source allowing it to commence construction in certain cases prior to a 
construction permit being issued. These revisions also contain changes 
to Wisconsin's fee provisions to allow a fee to be charged for the 
waiver.

IV. Statutory and Executive Order Reviews.

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.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant regulatory action,'' 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 (Pub. L. 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 approves a state rule implementing a 
Federal Standard.

[[Page 12895]]

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 12, 2008. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 13, 2008.
Bharat Mathur,
Acting 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)(117) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (117) On May 1, 2007, Wisconsin submitted for EPA approval into the 
Wisconsin SIP a revision to renumber and amend NR 406.03, to amend NR 
410.03(intro.) and to create NR 406.03(2) and NR 410.03(l)(bm) Wis. 
Admin. Code, effective June 1, 2007. This revision allows WDNR to issue 
a waiver to a source allowing it to commence construction prior to a 
construction permit being issued. This provision is only allowed for 
minor sources which meet specific criteria. These revisions also revise 
Wisconsin's fee provisions to allow a fee to be charged for the waiver. 
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 406.03 as published in the (Wisconsin) Register, May 2007, 
No. 617, effective June 01, 2007.
    (B) NR 410.03(intro.) and NR 410.03(l)(bm) as published in the 
(Wisconsin) Register, May 2007, No. 617, effective June 01, 2007.
 [FR Doc. E8-4582 Filed 3-10-08; 8:45 am]
BILLING CODE 6560-50-P
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