[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
