[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6021]
[[Page Unknown]]
[Federal Register: March 18, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI41-01-6243; FRL-4850-2]
Approval and Promulgation of a State Implementation Plans;
Wisconsin
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Final rule.
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SUMMARY: USEPA is taking action to approve a revision to Wisconsin's
State Implementation Plan (SIP) for ozone. USEPA's action is based upon
a revision request which was submitted by the State to satisfy the
requirements of the Clean Air Act, as amended November 15, 1990 (Act),
and the Photochemical Assessment Monitoring Stations (PAMS)
regulations. The PAMS regulation requires the State to provide for
establishment and maintenance of an enhanced ambient air quality
monitoring network in the form of PAMS by November 12, 1993.
DATES: This final rule is effective May 17, 1994, unless notice is
received by April 18, 1994, that someone wishes to submit adverse
comments. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief,
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), United States Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois, 60604.
Copies of the SIP revision and USEPA's analysis are available for
inspection at the following address: United States Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois, 60604. Telephone Jacqueline Nwia
at (312) 886-6081 before visiting the Region 5 Office.
A copy of this Wisconsin section 182 SIP revision is available for
inspection from the Office of Air and Radiation (OAR), Docket and
Information Center, (Air Docket 6102), room M1500, United States
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460, (202) 260-7548.
FOR FURTHER INFORMATION CONTACT: Jacqueline Nwia, Environmental
Engineer, Air Toxics and Radiation Branch, Regulation Development
Section (AT-18J), United States Environmental Protection Agency, Region
5, Chicago, Illinois, 60604, (312) 886-6081.
SUPPLEMENTARY INFORMATION:
I. Summary of State Submittal
On November 15, 1993, the Wisconsin Department of Natural Resources
(WDNR) submitted to the USEPA a SIP revision, incorporating PAMS into
the ambient air quality monitoring network of State or Local Air
Monitoring Stations (SLAMS) and National Air Monitoring Stations
(NAMS). The State will establish and maintain PAMS as part of the
overall ambient air quality monitoring network.
Section 182(c)(1) of the Act and the General Preamble (57 FR 13515)
require that USEPA promulgate rules for enhanced monitoring of ozone,
oxides of nitrogen (NOx), and volatile organic compounds (VOC) no
later than 18 months after the date of the enactment of the Act. In
addition, the Act requires that, following the promulgation of the
rules relating to enhanced ambient monitoring, the State must commence
actions to adopt and implement a program based on these rules, to
improve monitoring for ambient concentrations of ozone, NOx, and
VOC and to improve monitoring of emissions of NOx and VOC.
The final PAMS rule was promulgated by USEPA on February 12, 1993
(58 FR 8452). Section 58.40(a) of the revised rule requires the State
to submit a photochemical assessment monitoring network description,
including a schedule for implementation, to the Administrator within 6
months after promulgation or by August 12, 1993. Further, Sec. 58.20(f)
requires the State to provide for the establishment and maintenance of
a PAMS network within 9 months after promulgation of the final rule or
November 12, 1993.
On August 12, 1993, the Lake Michigan Air Directors Consortium
(LADCO) submitted an alternative PAMS network description on behalf of
the LADCO States of Wisconsin, Illinois, and Indiana, including a
schedule for implementation. This submittal is currently being reviewed
by the USEPA and is intended to satisfy the requirements of
Sec. 58.40(a). A joint network description and implementation schedule
is allowed by Sec. 58.40(a)(3) for States where the State's PAMS
network requires monitoring stations in different States and/or
Regions. Since network descriptions may change annually, they are not
part of the SIP as recommended by the Guideline for the Implementation
of the Ambient Air Monitoring Regulations 40 CFR 58. However, the
network description is negotiated and approved during an annual review
as required by 40 CFR 58.25 and 58.36 and the revision to be codified
at Sec. 58.46.
On November 15, 1993, Wisconsin submitted to the USEPA a proposed
revision to the Wisconsin ozone SIP. This submittal included a copy of
rule 144.31(1)(g) of the Wisconsin Administrative Rule, ``Air pollution
control; powers and duties,'' and supplementary information
demonstrating that the WDNR has the authority to conduct ambient air
quality monitoring and other activities to determine the magnitude of
air pollution throughout the State. This would encompass establishing
and maintaining a PAMS network. A letter finding the submittal complete
was sent to the State on January 4, 1994.
The Wisconsin PAMS SIP revision is intended to meet the
requirements of section 182(c)(1) of the Act and affect compliance with
the PAMS regulations, to be codified at 40 CFR part 58, as promulgated
on February 12, 1993.
The WDNR held a public hearing on the PAMS on November 11, 1993.
II. Analysis of State Submittal
The Wisconsin PAMS SIP revision will provide Wisconsin with the
authority to establish and operate the PAMS sites, secure State funds
for PAMS and provide the USEPA with authority to enforce the
implementation of PAMS, since their implementation is required by the
Act.
The criteria used to review the proposed SIP revision are derived
from the PAMS regulations, to be codified at 40 CFR part 58, the
Guideline for the Implementation of the Ambient Air Monitoring
Regulations 40 CFR Part 58 (USEPA-450/4-78-038, OAQPS, November 1979),
the September 2, 1993 memorandum from G. T. Helms entitled Final
Boilerplate Language for the PAMS SIP Submittal, the Act and the
General Preamble.
The September 2, 1993 memorandum from G. T. Helms entitled Final
Boilerplate Language for the PAMS SIP Submittal stipulates that the
PAMS SIP, at a minimum, must: enable the monitoring of criteria
pollutants, such as ozone and NO2 and non-criteria pollutants,
such as NOx, NO, speciated VOC, including carbonyls, as well as
meteorological parameters; provide a copy of the approved (or proposed)
PAMS network description, including the phase-in schedule, for public
inspection during the public notice and/or comment period provided for
in the SIP revision or, alternatively, provide information to the
public upon request concerning the State's plans for implementing the
rules; make reference to the fact that PAMS will become a part of the
State or local air monitoring stations (SLAMS) network; and provide a
statement that SLAMS will employ Federal reference (FRM) or equivalent
methods while most PAMS sampling will be conducted using methods
approved by the USEPA which are not FRM or equivalent.
The Wisconsin SIP revision provides that the network will measure
ambient levels of ozone, NOx, speciated VOC, including
hydrocarbons and carbonyls and meteorological data. During the public
comment period and hearing, Wisconsin provided a copy of the proposed
alternative PAMS network description, including a schedule of
implementation, to the public upon request to Ralph Patterson of the
WDNR. The SIP revision provides that each station in the air quality
surveillance network provided for by this SIP will be termed a SLAMS.
Finally, the SIP revision provides that the methods used in SLAMS will
be reference or equivalent methods as defined by USEPA at 40 CFR 50.1,
while the methods used in PAMS will be approved by USEPA on a regional
basis as part of its approval of the network descriptions.
III. Rulemaking Action
USEPA approves the revision to the Wisconsin ozone SIP for PAMS.
Because USEPA considers today's action noncontroversial and
routine, we are approving it today without prior proposal. The action
will become effective on May 17, 1994. However, if we receive notice by
April 18, 1994, that someone wishes to submit adverse comments, then
USEPA will publish: (1) A document that withdraws the action, and (2) a
document that begins a new rulemaking by proposing the action and
establishing a comment period.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The USEPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225). A revision to the SIP processing
review tables was approved by the Acting Assistant Administrator for
Office of Air and Radiation on October 4, 1993 (Michael Shapiro's
memorandum to Regional Administrators). A future notice will inform the
general public of these tables. Under the revised tables this action
remains classified as a Table 2. On January 6, 1989, the Office of
Management and Budget (OMB) waived Table 2 and 3 SIP revisions from the
requirements of section 3 of Executive Order 12291 for a period of 2
years (54 FR 2222). The USEPA has submitted a request for a permanent
waiver for Table 2 and 3 SIP revisions. The OMB has agreed to continue
the waiver until such time as it rules on USEPA's request. This request
continued in effect under Executive Order 12866 which superseded
Executive order 12291 on September 30, 1993.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Because the USEPA's approval of this program does not impose any
new regulatory requirements on small businesses, I certify that it does
not have a significant economic impact on any small entities affected.
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 17, 1994. 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).
The Agency has reviewed this request for revision of the federally
approved State Implementation Plan for conformance with the provisions
of the Act enacted on November 15, 1990.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Nitrogen dioxide, Ozone, Volatile organic
compounds.
NOTE: Incorporation by reference of the State Implementation
Plan for the State of Wisconsin was approved by the Director of the
Federal Register on July 1, 1982.
Dated: February 16, 1994.
Michelle D. Jordan,
Acting Regional Administrator.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.2585 is amended by adding paragraph (f) to read as
follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(f) Approval--The Administrator approves the incorporation of the
photochemical assessment ambient monitoring system submitted by
Wisconsin on November 15, 1993 into the Wisconsin State Implementation
Plan. This submittal satisfies 40 CFR 58.20(f) which requires the State
to provide for the establishment and maintenance of photochemical
assessment monitoring stations (PAMS).
[FR Doc. 94-6021 Filed 3-17-94; 8:45 am]
BILLING CODE 6560-50-F
