Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; New Source Review Reform “Linkage” Rule, Rule AM-32-04b, 76558-76560 [E8-29817]
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76558
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Rules and Regulations
TABLE 2c TO APPENDIX A OF SUBPART A—DATA ELEMENTS FOR REPORTING ON EMISSIONS FROM ONROAD MOBILE
SOURCES, WHERE REQUIRED BY 40 CFR 51.30—Continued
Data elements
Every-year
reporting
Three-year
reporting
6. FIPS code ............................................................................................................................................................
7. SCC .....................................................................................................................................................................
8. Emission factor ....................................................................................................................................................
9. Activity (VMT by SCC) ........................................................................................................................................
10. Pollutant code ....................................................................................................................................................
11. Ozone season emissions (if applicable) ...........................................................................................................
12. Summer day emissions (if applicable) ..............................................................................................................
13. Annual emissions ..............................................................................................................................................
14. Winter throughput (percent) ..............................................................................................................................
15. Spring throughput (percent) ..............................................................................................................................
16. Summer throughput (percent) ...........................................................................................................................
17. Fall throughput (percent) ...................................................................................................................................
18. Winter work weekday emissions of CO (if applicable) .....................................................................................
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
........................
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
Subpart G—[Amended]
3. Section 51.122 is revised to read as
follows:
■
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§ 51.122 Emissions reporting
requirements for SIP revisions relating to
budgets for NOx emissions.
(a) As used in this section, words and
terms shall have the meanings set forth
in § 51.50.
(b) For its transport SIP revision
under § 51.121, each state must submit
to EPA NOX emissions data as described
in this section.
(c) Each revision must provide for
periodic reporting by the state of NOX
emissions data to demonstrate whether
the state’s emissions are consistent with
the projections contained in its
approved SIP submission.
(1) For the every-year reporting cycle,
each revision must provide for reporting
of NOX emissions data every year as
follows:
(i) The state must report to EPA
emissions data from all NOX sources
within the state for which the state
specified control measures in its SIP
submission under § 51.121(g), including
all sources for which the state has
adopted measures that differ from the
measures incorporated into the baseline
inventory for the year 2007 that the state
developed in accordance with
§ 51.121(g).
(ii) If sources report NOX emissions
data to EPA for a given year pursuant to
a trading program approved under
§ 51.121(p) or pursuant to the
monitoring and reporting requirements
of 40 CFR part 75, then the state need
not provide an every-year cycle report to
EPA for such sources.
(2) For the three-year cycle reporting,
each plan must provide for triennial
(i.e., every third year) reporting of NOX
emissions data from all sources within
the state.
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(3) The data availability requirements
in § 51.116 must be followed for all data
submitted to meet the requirements of
paragraphs (b)(1) and (2) of this section.
(d) The data reported in paragraph (b)
of this section must meet the
requirements of subpart A of this part.
(e) Approval of ozone season
calculation by EPA. Each state must
submit for EPA approval an example of
the calculation procedure used to
calculate ozone season emissions along
with sufficient information to verify the
calculated value of ozone season
emissions.
(f) Reporting schedules.
(1) Data collection is to begin during
the ozone season 1 year prior to the
state’s NOX SIP Call compliance date.
(2) Reports are to be submitted
according to paragraph (b) of this
section.
(3) Through 2011, reports are to be
submitted according to the schedule in
Table 1 of this paragraph. After 2011,
triennial reports are to be submitted
every third year and annual reports are
to be submitted each year that a
triennial report is not required.
TABLE 1—SCHEDULE FOR SUBMITTING
REPORTS
Data collection year
2005
2006
2007
2008
2009
2010
2011
..........................
..........................
..........................
..........................
..........................
..........................
..........................
Type of
report required
Triennial.
Annual.
Annual.
Triennial.
Annual.
Annual.
Triennial.
(4) States must submit data for a
required year within the time specified
after the end of the inventory year for
which the data are collected. The first
inventory (the 2009 inventory year) and
all subsequent years will be due 12
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months following the end of the
inventory year, i.e., the 2009 inventory
must be reported to EPA by December
31, 2010.
(g) Data reporting procedures are
given in subpart A. When submitting a
formal NOX Budget Emissions Report
and associated data, states shall notify
the appropriate EPA Regional Office.
[FR Doc. E8–29737 Filed 12–16–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0609; FRL–8749–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Wisconsin; New Source Review
Reform ‘‘Linkage’’ Rule, Rule AM–32–
04b
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving as a
revision to the Wisconsin State
Implementation Plan (SIP) changes to
the minor New Source Review (NSR)
construction permit program and
permits fees schedule, through rule
AM–32–04b. The purpose of rule AM–
32–04b is to update Wisconsin’s minor
NSR construction permit program to
include changes to implement some of
the new elements of the Federal NSR
Reform Rule for sources that meet
certain provisions within the new major
NSR permitting requirements. Rule
AM–32–04b has been created to
accompany Wisconsin’s NSR Reform
rules and is necessary to effectively
implement them. Elsewhere in this
Federal Register, EPA is approving
Wisconsin’s NSR Reform rules. The
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Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Rules and Regulations
Wisconsin Department of Natural
Resources (WDNR) has also established
a new fee schedule that will apply to
facilities that meet the criteria in rule
AM–32–04b.
DATES: This final rule is effective on
January 16, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2006–0609. All
documents in the docket are listed on
the 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
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 Danny
Marcus, Environmental Engineer, at
(312) 353–8781 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Danny Marcus, Environmental Engineer,
Air Permits Section, Air Programs
Branch (AR–18J), EPA Region 5, 77
West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353–8781,
marcus.danny@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. What Is Being Addressed in This Action?
II. What Are the Changes That EPA Is
Approving?
III. What Action Is EPA Taking Today?
IV. Statutory and Executive Order Reviews
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I. What Is Being Addressed in This
Action?
We are approving changes to the
minor NSR construction permit program
and permits fees schedule for the State
of Wisconsin, enacted through rule AM–
32–04b. EPA granted full approval to
WDNR’s non-attainment new source
review (NANSR) program on January 18,
1995 (60 FR 3538) and the approval
became effective on February 17, 1995.
The January 18, 1995, approval also
included WDNR’s minor NSR program,
which was incorporated by reference
into Wisconsin’s SIP.
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16:07 Dec 16, 2008
Jkt 217001
The rule revision being approved in
this action has been created to update
Wisconsin’s minor NSR construction
permit program to include changes to
implement some of the new elements of
the Federal NSR Reform Rule for
sources that meet certain requirements
within the new major NSR permitting
requirements. EPA published the NSR
Reform Rule, which includes revisions
to the Federal Prevention of Significant
Deterioration (PSD) and NANSR
regulations, in the Federal Register on
December 31, 2002, effective March 3,
2003. Elsewhere in today’s Federal
Register, EPA is approving Wisconsin’s
revisions to its NSR rules. The action
approving them contains a compilation
of responses to comments that we
received.
This rule revision will affect those
facilities meeting certain criteria within
the major NSR program as a result of the
actual-to-projected-actual applicability
test, and facilities complying with plantwide applicability limitations (PALs).
This rule revision also establishes a new
fee schedule for facilities utilizing PALs
and for facilities utilizing the actual-toprojected-actual test to avoid major
NSR.
This rule revision contains a
provision that will be applicable to
sources that meet criteria within the
major NSR rules when applying the
actual-to-projected-actual applicability
test in circumstances where the
calculated difference between projected
actual emissions and baseline actual
emissions does not exceed significant
thresholds. Facilities that meet this
criterion will also have to meet the
criteria in this rule, AM–32–04b, in
order to be eligible for utilizing the
provision.
EPA created PALs so that a facility
could make rapid, iterative changes
optimizing process performance,
without the administrative time delays
and uncertainty associated with
permitting. EPA believes that the PAL
provides for environmental
improvement since its cap-based
framework encourages emission
reductions and pollution prevention.
EPA has not provided provisions for
sources operating under a PAL in
certain circumstances where a state’s
minor NSR rules could affect
permitting. In rule AM–32–04b, WDNR
provides additional requirements for
facilities that choose to operate under a
PAL.
In Wisconsin, any source that chooses
to establish a PAL, or will distribute
allowable emissions following
expiration of a PAL, must comply with
section NR 406.035 and will need a
minor NSR construction permit. Any
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76559
source that chooses to modify its plant
under a PAL will not need a minor NSR
permit, consistent with the NSR Reform
Rule, so long as the criteria of NR
406.04(1f) are met.
WDNR has also established in its
rules a new fee schedule that will apply
to facilities using PALs and to facilities
applying to utilize certain new
provisions in this rule. A source will be
responsible for paying a fee when
establishing a PAL limit, receiving
permission to increase an existing PAL
limit, and when distributing limits upon
expiration of a PAL. Also, there are fees
applicable to sources that utilize the
actual-to-projected-actual determination
to avoid major NSR under the new
provisions of this rule.
II. What Are the Changes That EPA Is
Approving?
We are approving amendments to
Wisconsin’s minor NSR construction
permit program to incorporate some of
the new elements of the Federal NSR
Reform Rule. Please refer to the
proposed approval of this rule, 72 FR
19834 (April 20, 2007), which includes
a detailed explanation of the provisions
that we are approving. This final action
incorporates into the Wisconsin SIP
amendments to the following provisions
NR 406 and NR 410: NR 406.035, NR
406.04(1f), NR 406.04(1k), NR 406.07(3),
NR 406.11(1m), NR 410.03(intro.), NR
410.03(1)(a)8. to 10., NR 410.03(1)(b)1,
NR 410.03(1)(b)(intro.) and 2. to 4.
III. What Action Is EPA Taking Today?
EPA is approving into the Wisconsin
SIP, rule AM–32–04b, changes to the
minor NSR construction permit program
and permits fees schedule. Rule AM–
32–04b will update Wisconsin’s minor
NSR construction permit program to
include changes to implement the new
elements of the Federal NSR Reform
Rule for sources that meet certain
criteria within the major NSR program
as a result of the actual-to-projectedactual applicability test, and for those
facilities complying with the new PAL
provisions. This new rule is necessary
for AM–06–04, the adopted version of
the NSR Reform Rule, to be
implemented appropriately.
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 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.
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76560
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Rules and Regulations
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
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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 February 17,
2009. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: December 8, 2008.
Lynn Buhl,
Regional Administrator, Region 5.
■
40 CFR part 52 is amended as follows:
revision being approved in this action
has been created to update Wisconsin’s
minor NSR construction permit program
to include changes to implement some
of the new elements of the Federal NSR
Reform rules for sources that meet
certain requirements within the new
major NSR permitting requirements.
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 406.035 Establishment or
distribution of plant-wide applicability
limitations, as published in the
Wisconsin Administrative Register, June
30, 2007, No. 618, effective July 1, 2007.
(B) NR 406.04 Direct sources exempt
from construction permit requirements.
NR 406.04(1f) and NR 406.04(1k), as
published in the Wisconsin
Administrative Register, June 30, 2007,
No. 618, effective July 1, 2007.
(C) NR 406.07 Scope of permit
exemption. NR 406.07(3), as published
in the Wisconsin Administrative
Register, June 30, 2007, No. 618,
effective July 1, 2007.
(D) NR 406.11 Construction permit
revision, suspension and revocation. NR
406.11(1m), as published in the
Wisconsin Administrative Register, June
30, 2007, No. 618, effective July 1, 2007.
(E) NR 410.03 Application fee. NR
410.03(intro.), NR 410.03(1)(a) 8 to 10,
NR 410.03(1)(b), as published in the
Wisconsin Administrative Register, June
30, 2007, No. 618, effective July 1, 2007.
*
*
*
*
*
[FR Doc. E8–29817 Filed 12–16–08; 8:45 am]
BILLING CODE 6560–50–P
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
ENVIRONMENTAL PROTECTION
AGENCY
Subpart YY—Wisconsin
40 CFR Part 52
2. Section 52.2570 is amended by
adding paragraph (c)(120) to read as
follows:
[EPA–R05–OAR–2006–0609; FRL–8748–9]
■
§ 52.2570
Identification of plan.
*
*
*
*
*
(c)* * *
(120) On May 25, 2006, Wisconsin
submitted for EPA approval into the
Wisconsin SIP a revision to renumber
and amend NR 410.03(1)(b); to amend
410.03(intro.) and to create NR 406.035,
406.04(1f) and (1k), 406.07(3),
406.11(1m), 410.03(1)(a)8. to 10. and
(b)(intro.) and 2. to 4. relating to changes
to chs. NR 406 and 410, the state air
permitting programs, with Federal
changes to air permitting program and
affecting small business. The rule
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Approval and Promulgation of Air
Quality Implementation Plans;
Wisconsin; NSR Reform Regulations,
Rule AM–06–04
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving certain
revisions to Wisconsin’s prevention of
significant deterioration (PSD) and nonattainment new source review (NANSR)
construction permit programs, which
Wisconsin submitted on May 25, 2006.
The Wisconsin Department of Natural
Resources (WDNR) is seeking approval
of rule AM–06–04 to implement the
E:\FR\FM\17DER1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 243 (Wednesday, December 17, 2008)]
[Rules and Regulations]
[Pages 76558-76560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29817]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0609; FRL-8749-1]
Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; New Source Review Reform ``Linkage'' Rule, Rule AM-32-04b
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving as a revision to the Wisconsin State
Implementation Plan (SIP) changes to the minor New Source Review (NSR)
construction permit program and permits fees schedule, through rule AM-
32-04b. The purpose of rule AM-32-04b is to update Wisconsin's minor
NSR construction permit program to include changes to implement some of
the new elements of the Federal NSR Reform Rule for sources that meet
certain provisions within the new major NSR permitting requirements.
Rule AM-32-04b has been created to accompany Wisconsin's NSR Reform
rules and is necessary to effectively implement them. Elsewhere in this
Federal Register, EPA is approving Wisconsin's NSR Reform rules. The
[[Page 76559]]
Wisconsin Department of Natural Resources (WDNR) has also established a
new fee schedule that will apply to facilities that meet the criteria
in rule AM-32-04b.
DATES: This final rule is effective on January 16, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-0609. All documents in the docket are listed on
the 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 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 Danny Marcus,
Environmental Engineer, at (312) 353-8781 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Danny Marcus, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), EPA Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8781,
marcus.danny@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. What Is Being Addressed in This Action?
II. What Are the Changes That EPA Is Approving?
III. What Action Is EPA Taking Today?
IV. Statutory and Executive Order Reviews
I. What Is Being Addressed in This Action?
We are approving changes to the minor NSR construction permit
program and permits fees schedule for the State of Wisconsin, enacted
through rule AM-32-04b. EPA granted full approval to WDNR's non-
attainment new source review (NANSR) program on January 18, 1995 (60 FR
3538) and the approval became effective on February 17, 1995. The
January 18, 1995, approval also included WDNR's minor NSR program,
which was incorporated by reference into Wisconsin's SIP.
The rule revision being approved in this action has been created to
update Wisconsin's minor NSR construction permit program to include
changes to implement some of the new elements of the Federal NSR Reform
Rule for sources that meet certain requirements within the new major
NSR permitting requirements. EPA published the NSR Reform Rule, which
includes revisions to the Federal Prevention of Significant
Deterioration (PSD) and NANSR regulations, in the Federal Register on
December 31, 2002, effective March 3, 2003. Elsewhere in today's
Federal Register, EPA is approving Wisconsin's revisions to its NSR
rules. The action approving them contains a compilation of responses to
comments that we received.
This rule revision will affect those facilities meeting certain
criteria within the major NSR program as a result of the actual-to-
projected-actual applicability test, and facilities complying with
plant-wide applicability limitations (PALs). This rule revision also
establishes a new fee schedule for facilities utilizing PALs and for
facilities utilizing the actual-to-projected-actual test to avoid major
NSR.
This rule revision contains a provision that will be applicable to
sources that meet criteria within the major NSR rules when applying the
actual-to-projected-actual applicability test in circumstances where
the calculated difference between projected actual emissions and
baseline actual emissions does not exceed significant thresholds.
Facilities that meet this criterion will also have to meet the criteria
in this rule, AM-32-04b, in order to be eligible for utilizing the
provision.
EPA created PALs so that a facility could make rapid, iterative
changes optimizing process performance, without the administrative time
delays and uncertainty associated with permitting. EPA believes that
the PAL provides for environmental improvement since its cap-based
framework encourages emission reductions and pollution prevention. EPA
has not provided provisions for sources operating under a PAL in
certain circumstances where a state's minor NSR rules could affect
permitting. In rule AM-32-04b, WDNR provides additional requirements
for facilities that choose to operate under a PAL.
In Wisconsin, any source that chooses to establish a PAL, or will
distribute allowable emissions following expiration of a PAL, must
comply with section NR 406.035 and will need a minor NSR construction
permit. Any source that chooses to modify its plant under a PAL will
not need a minor NSR permit, consistent with the NSR Reform Rule, so
long as the criteria of NR 406.04(1f) are met.
WDNR has also established in its rules a new fee schedule that will
apply to facilities using PALs and to facilities applying to utilize
certain new provisions in this rule. A source will be responsible for
paying a fee when establishing a PAL limit, receiving permission to
increase an existing PAL limit, and when distributing limits upon
expiration of a PAL. Also, there are fees applicable to sources that
utilize the actual-to-projected-actual determination to avoid major NSR
under the new provisions of this rule.
II. What Are the Changes That EPA Is Approving?
We are approving amendments to Wisconsin's minor NSR construction
permit program to incorporate some of the new elements of the Federal
NSR Reform Rule. Please refer to the proposed approval of this rule, 72
FR 19834 (April 20, 2007), which includes a detailed explanation of the
provisions that we are approving. This final action incorporates into
the Wisconsin SIP amendments to the following provisions NR 406 and NR
410: NR 406.035, NR 406.04(1f), NR 406.04(1k), NR 406.07(3), NR
406.11(1m), NR 410.03(intro.), NR 410.03(1)(a)8. to 10., NR
410.03(1)(b)1, NR 410.03(1)(b)(intro.) and 2. to 4.
III. What Action Is EPA Taking Today?
EPA is approving into the Wisconsin SIP, rule AM-32-04b, changes to
the minor NSR construction permit program and permits fees schedule.
Rule AM-32-04b will update Wisconsin's minor NSR construction permit
program to include changes to implement the new elements of the Federal
NSR Reform Rule for sources that meet certain criteria within the major
NSR program as a result of the actual-to-projected-actual applicability
test, and for those facilities complying with the new PAL provisions.
This new rule is necessary for AM-06-04, the adopted version of the NSR
Reform Rule, to be implemented appropriately.
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 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.
[[Page 76560]]
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 February 17, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 8, 2008.
Lynn Buhl,
Regional Administrator, Region 5.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart YY--Wisconsin
0
2. Section 52.2570 is amended by adding paragraph (c)(120) to read as
follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c)* * *
(120) On May 25, 2006, Wisconsin submitted for EPA approval into
the Wisconsin SIP a revision to renumber and amend NR 410.03(1)(b); to
amend 410.03(intro.) and to create NR 406.035, 406.04(1f) and (1k),
406.07(3), 406.11(1m), 410.03(1)(a)8. to 10. and (b)(intro.) and 2. to
4. relating to changes to chs. NR 406 and 410, the state air permitting
programs, with Federal changes to air permitting program and affecting
small business. The rule revision being approved in this action has
been created to update Wisconsin's minor NSR construction permit
program to include changes to implement some of the new elements of the
Federal NSR Reform rules for sources that meet certain requirements
within the new major NSR permitting requirements. 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 406.035 Establishment or distribution of plant-wide
applicability limitations, as published in the Wisconsin Administrative
Register, June 30, 2007, No. 618, effective July 1, 2007.
(B) NR 406.04 Direct sources exempt from construction permit
requirements. NR 406.04(1f) and NR 406.04(1k), as published in the
Wisconsin Administrative Register, June 30, 2007, No. 618, effective
July 1, 2007.
(C) NR 406.07 Scope of permit exemption. NR 406.07(3), as published
in the Wisconsin Administrative Register, June 30, 2007, No. 618,
effective July 1, 2007.
(D) NR 406.11 Construction permit revision, suspension and
revocation. NR 406.11(1m), as published in the Wisconsin Administrative
Register, June 30, 2007, No. 618, effective July 1, 2007.
(E) NR 410.03 Application fee. NR 410.03(intro.), NR 410.03(1)(a) 8
to 10, NR 410.03(1)(b), as published in the Wisconsin Administrative
Register, June 30, 2007, No. 618, effective July 1, 2007.
* * * * *
[FR Doc. E8-29817 Filed 12-16-08; 8:45 am]
BILLING CODE 6560-50-P
