96-19141. Approval and Promulgation of Implementation Plans; Wisconsin  

  • [Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
    [Rules and Regulations]
    [Pages 39329-39330]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-19141]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 52
    
    [WI67-01-7276a; FRL-5539-1]
    
    
    Approval and Promulgation of Implementation Plans; Wisconsin
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Direct final rule.
    
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    SUMMARY: This action approves a State Implementation Plan (SIP) 
    revision for the State of Wisconsin which was submitted pursuant to the 
    EPA general conformity rules set forth at 40 CFR part 51, subpart W--
    Determining Conformity of General Federal Actions to State or Federal 
    Implementation Plans. Section 51.851(a) of the general conformity rules 
    requires each State to submit to EPA a revision to its applicable SIP 
    which contains criteria and procedures for assessing conformity of 
    Federal actions to applicable SIPs. The general conformity rules, 
    except for the 40 CFR 51.851(a) language requiring State submission of 
    a SIP revision, are repeated at 40 CFR part 93, subpart B. Wisconsin's 
    SIP revision incorporates verbatim the criteria and procedures set 
    forth at 40 CFR part 93, subpart B. This general conformity SIP 
    revision will enable the State of Wisconsin to implement and enforce 
    the Federal general conformity requirements in the nonattainment and 
    maintenance areas at the State and local level.
        This approval is limited only to the general conformity SIP 
    revision submitted pursuant to 40 CFR part 51, subpart W. SIP revisions 
    submitted under 40 CFR part 51, subpart T, relating to conformity of 
    Federal transportation actions funded or approved under Title 23 U.S.C. 
    or the Federal Transit Act, will be addressed in a separate document. 
    This action provides the rationale for the proposed approval and other 
    information.
    
    DATES: This ``direct final'' rule is effective September 27, 1996 
    unless EPA receives adverse or critical comments by August 28, 1996. If 
    the effective date is delayed, timely notice will be published in the 
    Federal Register.
    
    ADDRESSES: Copies of the SIP revision, public comments and EPA's 
    responses 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. (It is 
    recommended that you telephone Michael Leslie at (312) 353-6680 before 
    visiting the Region 5 Office.)
        A copy of this SIP revision is available for inspection at the 
    following location: Office of Air and Radiation (OAR) Docket and 
    Information Center (Air Docket 6102), room M1500, United States 
    Environmental Protection Agency, 401 M Street S.W., Washington, D.C. 
    20460, (202) 260-7548.
    
    FOR FURTHER INFORMATION CONTACT: Michael G. Leslie, Regulation 
    Development Section (AR-18J), Air Programs Branch, Air and Radiation 
    Division, United States Environmental Protection Agency, Region 5, 77 
    West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312) 
    353-6680.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        Section 176(c) of the Clean Air Act (Act), 42 U.S.C. 7506(c), 
    provides that no Federal department, agency, or instrumentality shall 
    engage in, support in any way or provide financial assistance for, 
    license or permit, or approve any activity which does not conform to a 
    SIP that has been approved or promulgated pursuant to the Act. 
    Conformity is defined in section 176(c) of the Act as conformity to the 
    SIP's purpose of eliminating or reducing the severity and number of 
    violations of the National Ambient Air Quality Standards (NAAQS) and 
    achieving expeditious attainment of such standards, and that such 
    activities will not: (1) Cause or contribute to any new violation of 
    any standard in any area, (2) increase the frequency or severity of any 
    existing violation of any standard in any area, or (3) delay timely 
    attainment of any standard or any required interim emission reductions 
    or other milestones in any area.
        Section 176(c)(4)(A) of the Act requires EPA to promulgate criteria 
    and procedures for determining conformity of all Federal actions to 
    applicable SIPs. Criteria and procedures for determining conformity of 
    Federal actions related to transportation projects funded or approved 
    under Title 23 U.S.C. or the Federal Transit Act are set forth at 40 
    CFR part 51, subpart T. The criteria and procedures for determining 
    conformity of other Federal actions, the ``general conformity'' rules, 
    were published in the November 30, 1993, Federal Register and codified 
    at 40 CFR part 51, subpart W--Determining Conformity of General Federal 
    Actions to State or Federal Implementation Plans. The general 
    conformity rules require the States and local air quality agencies 
    (where applicable) to adopt and submit a general conformity SIP 
    revision to the EPA not later than November 30, 1994.
    
    II. Evaluation of the State's Submittal
    
        Pursuant to the requirements under section 176(c)(4)(C) of the Act 
    the Wisconsin Department of Natural Resources (WDNR) submitted a 
    supplement to its November 30, 1994 general conformity SIP revision to 
    the EPA on October 18, 1995. In its submittal, the State provided ch. 
    NR 489, Wis. Adm. Code which adopts the EPA general conformity rule (40 
    CFR part 93, subpart B) verbatim. For the time period between the 
    original submittal and the supplemental submittal, the State of 
    Wisconsin was required to comply with 40 CFR part 93, subpart B.
        General conformity is required for all areas which are designated 
    nonattainment or maintenance for any NAAQS criteria pollutant. The 
    State of Wisconsin currently has 11 counties designated ozone 
    nonattainment: Door, Keewaunee, Manitowoc, Sheboygan, Kenosha, 
    Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha. The 
    cities of Green Bay, Madison, and Milwaukee are sulfur dioxide 
    (SO2) maintenance areas. Four other areas: Rhinelander, Rib 
    Mountain, Rothchild, and Weston are SO2 nonattainment areas.
        The WDNR held a public hearing on the general conformity submittal 
    on March 29, 1995. No substantive comments were made during the public 
    comment period and therefore, no modifications were made to the final 
    adopted rule.
    
    III. EPA Criteria on Submittal
    
        The State's SIP revision must contain criteria and procedures that 
    are no less stringent than the Federal rule. The revision incorporated 
    the provisions of the following sections of 40 CFR part 93, subpart B 
    in essentially verbatim form: Sections 93.150, 93.152, 93.153, 93.154, 
    93.155, 93.156, 93.157, 93.158, 93.159, 93.160. These sections 
    represent the Federal rule in total. Therefore the ch. NR 489, Wis. 
    Adm. Code meets the above requirement.
    
    IV. EPA Action
    
        The EPA is approving the general conformity SIP revision for the 
    State of
    
    [[Page 39330]]
    
    Wisconsin. The EPA has evaluated this SIP revision and has determined 
    that the State has fully adopted the provisions of the Federal general 
    conformity rules set forth at 40 CFR part 93, subpart B. The 
    appropriate public participation and comprehensive interagency 
    consultations have been undertaken during development and adoption of 
    this SIP revision. Because EPA considers this action to be 
    noncontroversial and routine, EPA is approving it without prior 
    proposal. This action will become effective on September 27, 1996. 
    However, if EPA receives adverse comments by August 28, 1996, EPA will 
    publish a document that withdraws this action.
    
    V. Miscellaneous
    
    A. Applicability to Future SIP Decisions
    
        Nothing in this action should be construed as permitting, allowing 
    or establishing a precedent for any future request for revision to any 
    SIP. The EPA 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.
    
    B. Executive Order 12866
    
        This action has been classified as a Table 3 action for signature 
    by the Regional Administrator under the procedures published in the 
    Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
    July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
    Air and Radiation. The Office of Management and Budget has exempted 
    this regulatory action from E.O. 12866 review.
    
    C. Regulatory Flexibility
    
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
    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, EPA 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.
        This approval does not create any new requirements. Therefore, I 
    certify that this action does not have a significant impact on any 
    small entities affected. Moreover, due to the nature of the Federal-
    State relationship under the Act, preparation of the regulatory 
    flexibility analysis would constitute Federal inquiry into the economic 
    reasonableness of the State action. The Act forbids EPA to base its 
    actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
    E.P.A., 427 U.S. 246, 256-66 (1976).
    
    D. Unfunded Mandates Reform Act
    
        Under section 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
    must prepare a budgetary impact statement to accompany any proposed or 
    final rule that includes a Federal mandate that may result in estimated 
    costs to State, local, or tribal governments in the aggregate; or to 
    the private sector, of $100 million or more. Under Section 205, the EPA 
    must select the most cost-effective and least burdensome alternative 
    that achieves the objectives of the rule and is consistent with 
    statutory requirements. Section 203 requires the EPA to establish a 
    plan for informing and advising any small governments that may be 
    significantly or uniquely impacted by the rule.
        The EPA has determined that the approval action promulgated today 
    does not include a Federal mandate that may result in estimated costs 
    of $100 million or more to either State, local, or tribal governments 
    in the aggregate, or to the private sector.
        This Federal action approves pre-existing requirements under State 
    or local law, and imposes no new Federal requirements. Accordingly, no 
    additional costs to State, local, or tribal governments, or the private 
    sector, result from this action.
    
    E. Submission to Congress and the General Accounting Office
    
        Under section 801(a)(1)(A) of the Administrative Procedure Act 
    (APA) as amended by the Small Business Regulatory Enforcement Fairness 
    Act of 1996, EPA submitted 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 General Accounting 
    Office prior to publication of this rule in today's Federal Register. 
    This rule is not a ``major rule'' as defined by section 804(2) of the 
    APA as amended.
    
    F. Petitions for Judicial Review
    
        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 September 27, 1996. 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) of the Act).
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, General 
    conformity, Hydrocarbons, Incorporation by reference, Intergovernmental 
    relations, Sulfur dioxide, Ozone, Volatile organic compounds.
    
        Dated: June 24, 1996.
    David A. Ullrich,
    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.
    
    Subpart YY--Wisconsin
    
        2. Section 52.2570 is amended by adding paragraph (c)(92) to read 
    as follows:
    
    
    Sec. 52.2570   Identification of plan.
    
    * * * * *
        (c) * * *
        (92) On October 18, 1995, the Wisconsin Department of Natural 
    Resources submitted a revision to the State Implementation Plan for 
    general conformity rules. The general conformity SIP revisions enable 
    the State of Wisconsin to implement and enforce the Federal general 
    conformity requirements in the nonattainment or maintenance areas at 
    the State or local level in accordance with 40 CFR part 93, subpart B--
    Determining Conformity of General Federal Actions to State or Federal 
    Implementation Plans.
        (i) Incorporation by reference.
        (A) NR 489, as created and published in the (Wisconsin) Register, 
    September, 1995, number 477, effective October 1, 1995.
    
    [FR Doc. 96-19141 Filed 7-26-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
9/27/1996
Published:
07/29/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
96-19141
Dates:
This ``direct final'' rule is effective September 27, 1996 unless EPA receives adverse or critical comments by August 28, 1996. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
39329-39330 (2 pages)
Docket Numbers:
WI67-01-7276a, FRL-5539-1
PDF File:
96-19141.pdf
CFR: (1)
40 CFR 52.2570