[Federal Register Volume 72, Number 70 (Thursday, April 12, 2007)]
[Rules and Regulations]
[Pages 18391-18394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6727]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0779; FRL-8296-3]
Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; Prevention of Significant Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is revising the Code of Federal Regulations (CFR) to give
the Wisconsin Department of Natural Resources (WDNR) full regulatory
responsibility for EPA-issued Prevention of Significant Deterioration
(PSD) permits. WDNR has the necessary state legislative authority to
take responsibility for the permits, and has demonstrated that it has
adequate resources to maintain oversight of these permits.
DATES: This direct final rule will be effective June 11, 2007, unless
EPA receives adverse comments by May 14, 2007. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0779, by one of the following methods:
www.regulations.gov: Follow the online instructions for
submitting comments.
E-mail: [email protected].
Fax: (312) 886-5824.
Mail: Pamela Blakley, Chief, Air Permits Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: Pamela Blakley, Chief, Air Permits Section,
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are
only accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0779. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov your e-mail address will be automatically
[[Page 18392]]
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. For additional instructions on submitting comments, go to
Section I of the SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the U.S. 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 legal
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), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-3000, [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. What Should I Consider as I Prepare My Comments for EPA?
II. What Is Being Addressed in This Document?
III. What Action Is EPA Taking Today?
IV. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare My Comments for EPA?
A. Submitting CBI
Do not submit this information to EPA through www.regulations.gov
or e-mail. Clearly mark the part or all of the information that you
claim to be CBI. For CBI information in a disk or CD ROM that you mail
to EPA, mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
B. Tips for Preparing Your Comments
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What Is Being Addressed in This Document?
EPA is making a revision to the CFR for the purpose of giving WDNR
full regulatory responsibility for EPA-issued PSD permits on non-tribal
lands.
EPA first delegated the PSD program to WDNR on November 13, 1987,
which was later amended by a February 16, 1989, delegation. The 1989
delegation included language which authorized WDNR to amend EPA-issued
PSD permits. EPA granted final full approval to Wisconsin's PSD program
on May 27, 1999 (64 FR 28745), which became effective and was approved
into the State Implementation Plan (SIP) on June 28, 1999. However, EPA
stated in 40 CFR 52.2581 that its approval did not extend to sources
with Federal PSD permits and EPA retained authority to administer the
PSD program for those permits.
EPA received a letter dated March 28, 2006, from WDNR regarding
facilities within the state that have permits which require revision,
modification, and/or updates. Allowing WDNR to have the authority to
amend the EPA-issued PSD permits will enable WDNR to have direct access
to modify these permits accordingly. This will facilitate permit
tracking and identification of applicable requirements for WDNR permit
engineers.
The Clean Air Act contains requirements that must be met when a
State/Local/Tribe is adopting a plan requirement. Section
110(a)(2)(E)(i) requires that any government who wishes to carry out
such implementation plan have ``adequate personnel, funding, and
authority under State law.''.
In a letter sent to EPA dated July 19, 2006, WDNR demonstrated
state legal authority to take responsibility for the permits. WDNR's
authority to take responsibility for EPA-issued permits can be found
under Wisconsin's Statutes in s. 285.67, Wis. Stat., which authorizes
WDNR to promulgate rules for revising, suspending, and revoking air
pollution control permits. Section NR 406.11, Wis. Adm. Code,
authorizes WDNR to revise construction permits, including PSD permits.
In the same letter, WDNR demonstrated that it has the adequate
resources and funding to become the primary regulating agency of the
EPA-issued PSD permits. WDNR has 19.5 full time employees to perform
construction permit activities under a program that annually generates
approximately two million dollars in program revenue.
None of the facilities with EPA-issued PSD permits which are the
subject of this action are located in Indian Country. We do not
anticipate that this action will have any affect on tribal rights
within Indian country or in ceded territories.
With this action, the regulatory text in 40 CFR 52.2581 will be
revised to reflect that WDNR has been given full regulatory
responsibility for EPA-issued PSD permits.
III. What Action Is EPA Taking Today?
EPA is revising 40 CFR 52.2581 to give WDNR regulatory
responsibility for EPA-issued PSD permits. The language, ``and sources
with permits issued by EPA prior to the effective date of the state's
rules,'' will be deleted. WDNR has demonstrated that it has the legal
authority, and adequate resources, to take over full regulatory
responsibility for the permits.
[[Page 18393]]
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective June 11, 2007
without further notice unless we receive relevant adverse written
comments by May 14, 2007. If we receive such comments, we will withdraw
this action before the effective date by publishing a subsequent
document that will withdraw the final action. All public comments
received will then be addressed in a subsequent final rule based on the
proposed action. The EPA will not institute a second comment period.
Any parties interested in commenting on this action should do so at
this time. If we do not receive any comments, this action will be
effective June 11, 2007.
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 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 (59
FR 22951, 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 state 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 state submission for failure to use VCS. It would thus
be inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state 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.
section 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 June 11, 2007. 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: March 27, 2007.
Mary A. Gade,
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.
[[Page 18394]]
Subpart YY--Wisconsin
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2. Section 52.2581 is amended by revising paragraph (d) to read as
follows:
Sec. 52.2581 Significant deterioration of air quality.
* * * * *
(d) The requirements of sections 160 through 165 of the Clean Air
Act are met, except for sources seeking permits to locate in Indian
country within the State of Wisconsin.
* * * * *
[FR Doc. E7-6727 Filed 4-11-07; 8:45 am]
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