[Federal Register Volume 60, Number 177 (Wednesday, September 13, 1995)]
[Rules and Regulations]
[Pages 47485-47487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22620]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[WI56-01-7019a; FRL-5289-3]
Designation of Areas for Air Quality Planning Purposes; Wisconsin
AGENCY: U.S. Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: In this action USEPA is removing all total suspended
particulate (TSP) area designations in the State of Wisconsin. This
direct final action was prompted by the Wisconsin Department of Natural
Resources' (WDNR) April 20, 1994 request to redesignate portions of the
cities of Brokaw, Green Bay, Kenosha, Madison, Manitowac, Marshfield,
Milwaukee, Oshkosh,
[[Page 47486]]
Racine, Superior and Waukesha from secondary TSP nonattainment to
attainment or unclassifiable for PM. On June 3, 1993 (58 FR 31622),
USEPA published a final rule revising the prevention of significant
deterioration (PSD) particulate matter increments, which became
effective on June 4, 1994, so that the increments are measured in terms
of particulate matter with an aerodynamic diameter less than 10 microns
(PM). Section 107(d)(4)(B) of the Clean Air Act (Act) authorizes USEPA
to eliminate all area TSP designations once the increments for PM are
promulgated. The June 3, 1993 action also established the method by
which USEPA deletes such TSP designations.
EFFECTIVE DATE: This final rule is effective November 13, 1995, unless
USEPA receives adverse or critical comments by October 13, 1995. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the documents relevant to this action are
available for inspection during normal business hours at the following
location: (It is recommended that you telephone Christos Panos at (312)
353-8328, before visiting the Region 5 office.) United States
Environmental Protection Agency, Region 5, Air and Radiation Division,
Air Toxics and Radiation Branch, 77 West Jackson Boulevard, Chicago,
Illinois 60604-3590.
FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
Engineer, Regulation Development Section, Air Toxics and Radiation
Branch (AT-18J), United States Environmental Protection Agency, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604-3590, (312) 353-
8328.
SUPPLEMENTARY INFORMATION:
Background
In 1971, USEPA promulgated primary and secondary National Ambient
Air Quality Standards (NAAQS) for particulate matter to be measured as
TSP. On July 1, 1987 (52 FR 242634), USEPA revised the NAAQS for
particulate matter, replacing the TSP indicator with the PM indicator.
On the same date, USEPA promulgated final regulations under 40 CFR part
51 for State implementation of the revised NAAQS (52 FR 24672). In the
preamble to that action, USEPA announced that, because of the
importance of the section 107 area designations to the applicability of
the TSP increments, it would retain the TSP designations beyond the
date on which USEPA approves a State's revised PM State Implementation
Plan (SIP). This would protect the applicability of the TSP increments
until a PM increment system could be established.
The 1990 Amendments to the Act contained several pertinent
provisions relating to or affecting the TSP area designations. Under
section 107(d)(4)(B) of the amended Act, Congress established by
operation of law the first nonattainment area designations for PM, and
mandated that areas not initially defined as nonattainment are
considered to be unclassifiable. The entire State of Wisconsin was
designated unclassifiable for PM under the 1990 Amendments to the Act.
Moreover, section 107(d)(4)(B) provided that any designation for
particulate matter (measured in terms of TSP) that the Administrator
promulgated prior to the date of enactment of the 1990 Amendments shall
remain in effect for purposes of implementing the maximum allowable
concentrations of particulate matter (measured in terms of TSP)
increments until the Administrator determines that such designation is
no longer necessary for that purpose.
On June 3, 1993 (58 FR 31622), under the authority of section
166(f) of the Act, USEPA published the final rulemaking replacing the
TSP increments with equivalent PM increments. As a result, the PSD
increments and NAAQS will be measured by the same indicator. As stated
at 58 FR 31635, for States already having delegated authority to
implement the Federal PSD regulations ``USEPA will eliminate the TSP
designations when the PM increments become effective under Sec. 52.21
on June 3, 1994.'' The USEPA has delegated to the State of Wisconsin
the authority to implement the PSD program. The delegation agreement
provides for automatic adoption of the revised PM increments once the
increments become effective. In addition, USEPA approved the State's PM
rules as a revision to the Wisconsin SIP on June 28, 1993 (58 FR
34528).
As suggested above, because the revised Act sets out the narrow
purpose of maintaining the TSP designations only until promulgation of
the PM increments, USEPA believes it is not required to examine the TSP
air quality considerations of a TSP redesignation. However, there may
be other air quality implications, especially PM impacts, which follow
not from a TSP redesignation, but from a revision to existing TSP
requirements. Sections 110(l) and 193 of the Act contain very specific
restrictions on modifications or revisions to applicable implementation
plans that may interfere with requirements of the Act or result in
relaxations of control requirements. If the applicable TSP plan for the
area has provisions which result in the automatic relaxation of control
requirements upon the deletion of the area designations for TSP, then
any such deletion should not be approved unless, consistent with
section 193, such modification is accompanied with at least equivalent
emission reductions. Similarly, if the applicable TSP implementation
plan automatically is modified upon the deletion of the area
designations for TSP, then any such deletion should not be approved
unless such modification is accompanied with a demonstration that the
revision does not interfere with requirements of the Act. The USEPA's
technical support document dated May 25, 1995 discusses how the
modifications and the TSP plan revision automatically occurring upon
the deletion of the TSP designations will not interfere with any
requirement of the Act, such as maintenance of the PM NAAQS, and will
not result in an increase in particulate matter emissions.
Final Action
Because TSP designations are no longer necessary and Wisconsin has
already been designated as unclassifiable for PM, USEPA is taking
action to delete all TSP area designations in the State of Wisconsin.
The Agency believes that this is administratively more efficient than
redesignating the TSP secondary nonattainment areas to attainment.
Miscellaneous
Comment and Approval Procedure
The USEPA is publishing this action without prior proposal because
USEPA views this action as a noncontroversial revision and anticipates
no adverse comments. However, USEPA is publishing a separate document
in this Federal Register publication, which constitutes a ``proposed
approval'' of the requested SIP revision and clarifies that the
rulemaking will not be deemed final if timely adverse or critical
comments are filed. The ``direct final'' approval shall be effective on
November 13, 1995, unless USEPA receives adverse or critical comments
by October 13, 1995.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, USEPA hereby advises the
public that this action will be effective on November 13, 1995.
Applicability to Future SIP Decisions
Nothing in this action should be construed as permitting, allowing
or
[[Page 47487]]
establishing a precedent for any future request for revision to any
SIP. Each request for a revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
Executive Order 12866
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). The Office of Management and Budget
has exempted this regulatory action from review under Executive Order
12866.
Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. Section 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.
Sections 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. 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 USEPA
to base its actions concerning SIPs on such grounds. Union Electric Co.
v. U.S. EPA, 427 U.S. 246, 256-66 (1976).
Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, USEPA
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, USEPA
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 USEPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The USEPA 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.
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 November 13, 1995. 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 a rule. 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 81
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
Dated: August 17, 1995.
Valdas V. Adamkus,
Regional Administrator.
40 CFR part 81 is amended as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Sec. 81.350 [Amended]
2. In Sec. 81.350 the table entitled ``Wisconsin-TSP'' is removed.
[FR Doc. 95-22620 Filed 9-12-95; 8:45 am]
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