[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Rules and Regulations]
[Pages 9934-9936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1785]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2005-0563, FRL-8037-4]
Approval and Promulgation of Implementation Plans; Wisconsin;
Wisconsin Construction Permit Permanency SIP Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule.
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SUMMARY: EPA is taking final action to approve revisions to the
Wisconsin State Implementation Plan (SIP) submitted by the State of
Wisconsin on December 8, 2005. Wisconsin had submitted for approval
into its SIP a statutory revision designed to ensure the permanency of
construction permit conditions. EPA proposed approval of this revision
on January 12, 2006 (71 FR 1994). EPA is approving this revision
because it is consistent with Federal regulations governing State
permit programs. This revision also addresses one of the deficiencies
identified in EPA's Notice of Deficiency (NOD), published in the
Federal Register on March 4, 2004. (69 FR 10167.)
DATES: Effective Date: This rule will become effective on March 30,
2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2005-0563. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. We recommend that you telephone Susan
Siepkowski, Environmental Engineer, at (312) 353-2654 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Susan Siepkowski, Environmental
Engineer, Air Permit Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-2654, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. Background Information for 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 for Today's Action
On March 4, 2004, EPA published a NOD for the Clean Air Act (Act)
title V operating permit program in Wisconsin. (69 FR 10167). The NOD
was based upon EPA's findings that the State's title V program did not
comply with the requirements of the Act or with the implementing
regulations at 40 CFR part 70 in several areas. One of the deficiencies
identified in the NOD was related to the expiration of Wisconsin's
construction permits.
40 CFR 70.1 requires that each title V source has a permit that
assures compliance with all applicable requirements, including any term
or condition of any preconstruction permit issued pursuant to programs
approved
[[Page 9935]]
or promulgated under title I, including parts C or D of the Act. Title
I of the Act authorizes permitting authorities to establish in permits
source specific terms and conditions necessary for sources to comply
with the requirements of the Prevention of Significant Deterioration
(PSD) and New Source Review (NSR) programs. These permits must remain
in effect because they are the legal mechanism through which underlying
NSR or PSD requirements become applicable, and remain applicable, to
individual sources. (May 20, 1999, EPA Memorandum from John Seitz). If
the underlying construction permit expires, then the construction
permit terms would no longer be applicable requirements, and the
permitting authority would not have the authority to incorporate them
into title V permits.
Wisconsin statutes, Wis. Stat. 285.66(1), had provided that
construction permits, including NSR and PSD permits, expired after 18
months. Because Wisconsin's construction permits expired, resulting in
terms in its title V permits that did not have underlying applicable
requirements, EPA identified this as an issue in the NOD.
On December 8, 2005, Wisconsin submitted to EPA for approval, the
SIP revision ``Request to the EPA to Revise Wisconsin's SIP Pertaining
to the Permanency of Construction Permit Conditions.'' Wisconsin has
revised its statutes to make clear that all conditions in construction
permits are permanent and remain effective unless changed using title I
procedures or a new construction permit is issued. Wisconsin has
revised Statute 285.66(1) to provide that, ``[n]otwithstanding the fact
that authorization to construct, reconstruct, replace, or modify a
source expires under this subsection, all conditions in a construction
permit are permanent unless the conditions are revised through a
revision of the construction permit or through the issuance of a new
construction permit.'' This revision was adopted as part of the
Wisconsin 2005-07 biennial budget bill enacted into law as 2005
Wisconsin Act 25. (Published July 26, 2005.)
EPA reviewed Wisconsin's December 8, 2005, SIP revision submittal
and determined it was approvable because it ensures that Wisconsin's
construction permit program is consistent with Federal program
requirements for state permit programs. EPA published its proposed
approval of Wisconsin's revision on January 12, 2006 (71 FR 1994). In
this action, EPA also solicited public comments for 30 days.
II. What Comments Did We Receive?
The public comment period on the proposed approval of Wisconsin's
SIP revision ended on February 13, 2006. EPA did not receive any
comments on this proposed revision.
III. What Action Is EPA Taking Today?
EPA is approving revisions to the Wisconsin SIP which will make
permanent all terms of Wisconsin's permits to construct, reconstruct,
replace or modify sources unless the terms are revised through a
revision of the construction permit or issuance of a new construction
permit.
IV. Statutory and Executive Order Reviews Executive Order 12866:
Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, September 30, 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 energy 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 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
[[Page 9936]]
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 1, 2006. 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,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: February 16, 2006.
Bharat Mathur,
Acting Regional Administrator, Region 5.
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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]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart YY--Wisconsin
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2. Section 52.2587 is added to read as follows:
Sec. 52.2587 Wisconsin construction permit permanency revision.
This plan was originally submitted as Wis. Stat. 144.396 by
Wisconsin on July 12, 1979 and approved into Wisconsin's SIP on June
25, 1986 (51 FR 23056). Wis. Stat. 144.396 was renumbered Wis. Stat.
285.66 in 1995 Wisconsin Act 227, effective January 1, 1997. On
December 8, 2005, Wisconsin submitted for EPA approval into the
Wisconsin SIP a revision to Wis. Stats. 285.66(l), as amended in 2005
Wisconsin Act 25, effective July 26, 2005. This revision makes all
conditions in Wisconsin's construction permits permanent. EPA has
determined that this statutory revision is approvable under the Act.
[FR Doc. 06-1785 Filed 2-27-06; 8:45 am]
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