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