Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
DATES: Any comments on this proposal or other information whose disclosure is http://www.regulations.gov and in hard
must arrive by May 21, 2007. restricted by statute. Information that copy at EPA Region IX, 75 Hawthorne
ADDRESSES: Submit comments, you consider CBI or otherwise protected Street, San Francisco, California. While
identified by docket number EPA–R09– should be clearly identified as such and all documents in the docket are listed in
OAR–2007–0197, by one of the should not be submitted through the index, some information may be
following methods: http://www.regulations.gov or e-mail publicly available only at the hard copy
1. Federal eRulemaking Portal: http://www.regulations.gov is an location (e.g., copyrighted material), and
http://www.regulations.gov. Follow the ‘‘anonymous access’’ system, and EPA some may not be publicly available in
on-line instructions. will not know your identity or contact either location (e.g., CBI). To inspect the
2. E-mail: steckel.andrew@epa.gov. information unless you provide it in the
hard copy materials, please schedule an
3. Mail or deliver: Andrew Steckel body of your comment. If you send e-
appointment during normal business
(Air–4), U.S. Environmental Protection mail directly to EPA, your e-mail
Agency Region IX, 75 Hawthorne Street, address will be automatically captured hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
San Francisco, CA 94105–3901. and included as part of the public
Instructions: All comments will be comment. If EPA cannot read your FOR FURTHER INFORMATION CONTACT: Julie
included in the public docket without comment due to technical difficulties A. Rose, EPA Region IX, (415) 947–
change and may be made available and cannot contact you for clarification, 4126, rose.julie@epa.gov.
online at http://www.regulations.gov, EPA may not be able to consider your
including any personal information comment. SUPPLEMENTARY INFORMATION: This
provided, unless the comment includes Docket: The index to the docket for proposal addresses the provisions in the
Confidential Business Information (CBI) this action is available electronically at following table:
SUBMITTED PROVISIONS
NAC No. NAC title Adopted Submitted
In the Rules and Regulations section ENVIRONMENTAL PROTECTION On June 24, 2005, the United States
of this Federal Register, we are AGENCY Court of Appeals for the District of
approving these provisions in a direct Columbia Circuit (DC Circuit Court)
final action without prior proposal 40 CFR Part 52 issued its ruling on challenges to the
because we believe these SIP revisions [EPA–R05–OAR–2006–0609; FRL–8302–7] December 2002 NSR reform revisions.
are not controversial. If we receive Although the Court upheld most of
adverse comments, however, we will Approval and Promulgation of Air EPA’s rules, it vacated both the Clean
publish a timely withdrawal of the Quality Implementation Plans; Unit and the PCP provisions. In
direct final rule and address the Wisconsin; NSR Reform Regulations, addition, the Court remanded to EPA
comments in subsequent action based Rule AM–06–04 the provision that requires
on this proposed rule. Please note that recordkeeping and reporting for sources
AGENCY: Environmental Protection that elect to use the actual-to-projected
if we receive adverse comment on an Agency (EPA). actual emission test only where there is
amendment, paragraph, or section of ACTION: Proposed rule. a reasonable possibility that a project
this rule and if that provision may be
SUMMARY: EPA is proposing to approve may result in a significant net emissions
severed from the remainder of the rule, increase. EPA is currently working on
we may adopt as final those provisions certain revisions to Wisconsin’s
prevention of significant deterioration promulgating a rule that will clarify the
of the rule that are not the subject of an reasonable possibility provision. EPA’s
adverse comment. (PSD) and non-attainment new source
review (NSR) construction permit final decision with regard to the remand
We do not plan to open a second programs submitted on May 25, 2006. may require Wisconsin to revise this
comment period, so anyone interested On December 31, 2002, EPA published portion of its rules to be consistent with
in commenting should do so at this revisions to the federal PSD and non- EPA’s definition of reasonable
time. If we do not receive adverse attainment NSR regulations. These possibility. The Wisconsin Department
comments, no further activity is revisions are commonly referred to as of Natural Resources (WDNR) is seeking
planned. For further information, please ‘‘NSR Reform’’ regulations, which approval of rule AM–06–04 to
see the direct final action. became effective on March 3, 2003. implement the NSR Reform provisions
These regulatory revisions include that have not been vacated by the June
Dated: April 4, 2007. 24, 2005, DC Circuit Court decision.
provisions for determining baseline
cprice-sewell on PRODPC61 with PROPOSALS
Jane Diamond, actual emissions, provisions for This action affects major stationary
Acting Regional Administrator, Region IX. promulgating actual-to-future actual sources in Wisconsin that are subject to
[FR Doc. E7–7548 Filed 4–19–07; 8:45 am] methodology, provisions for or potentially subject to the PSD, and
BILLING CODE 6560–50–P establishing Plantwide Applicability non-attainment NSR construction
Limits (PALs), provisions for using the permit programs.
Clean Unit test, and, provisions for DATES: Comments must be received on
using Pollution Control Projects (PCP). or before May 21, 2007.
VerDate Aug<31>2005 15:15 Apr 19, 2007 Jkt 211001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1
19830 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Proposed Rules
ADDRESSES: Submit your comments, I of the SUPPLEMENTARY INFORMATION 6. Provide specific examples to
identified by Docket ID No. EPA–R05– section of this document. illustrate your concerns, and suggest
OAR–2006–0609, by one of the Docket: All documents in the docket alternatives.
following methods: are listed in the www.regulations.gov
7. Explain your views as clearly as
• www.regulations.gov: Follow the index. Although listed in the index,
possible, avoiding the use of profanity
on-line instructions for submitting some information is not publicly
or personal threats.
comments. available, e.g., CBI or other information
• E-mail: blakley.pamela@epa.gov. whose disclosure is restricted by statute. 8. Make sure to submit your
• Fax: (312)886–5824. Certain other material, such as comments by the comment period
• Mail: Pamela Blakley, Chief, Air copyrighted material, will be publicly deadline identified.
Permits Section, Air Programs Branch, available only in hard copy. Publicly
II. What Is Being Addressed in This
(AR–18J), U.S. Environmental available docket materials are available
Document?
Protection Agency, 77 West Jackson either electronically in
Boulevard, Chicago, Illinois 60604. www.regulations.gov or in hard copy at We are proposing to approve rule
• Hand Delivery: Pamela Blakley, the Environmental Protection Agency, AM–06–04 as a revision to the PSD and
Chief, Air Permits Section, Air Programs Region 5, Air and Radiation Division, 77 non-attainment NSR construction
Branch, (AR–18J), U.S. Environmental West Jackson Boulevard, Chicago, permit programs for the State of
Protection Agency, 77 West Jackson Illinois 60604. This facility is open from Wisconsin. EPA granted full approval to
Boulevard, Chicago, Illinois 60604. 8:30 a.m. to 4:30 p.m., Monday through Wisconsin’s non-attainment NSR
Such deliveries are only accepted Friday, excluding legal holidays. We program on January 18, 1995 (60 FR
during the Regional Office normal hours recommend that you telephone Danny 3538) and the approval became effective
of operation, and special arrangements Marcus, Environmental Engineer, at
on February 17, 1995. EPA granted final
should be made for deliveries of boxed (312) 353–8781 before visiting the
full approval to Wisconsin’s PSD
information. The Regional Office official Region 5 office.
program on May 27, 1999 (64 FR 28745),
hours of business are Monday through FOR FURTHER INFORMATION CONTACT:
which became effective on June 28,
Friday, 8:30 a.m. to 4:30 p.m. excluding Danny Marcus, Environmental Engineer,
1999.
federal holidays. Air Permits Section, Air Programs
Instructions: Direct your comments to Branch (AR–18J), U.S. Environmental On December 31, 2002, EPA
Docket ID No. EPA–R05–OAR–2006– Protection Agency, Region 5, 77 West published revisions to the federal PSD
0609. EPA’s policy is that all comments Jackson Boulevard, Chicago, Illinois and non-attainment NSR regulations in
received will be included in the public 60604, (312) 353–8781, 40 CFR Parts 51 and 52 (67 FR 80186).
docket without change and may be marcus.danny@epa.gov. These revisions are commonly referred
made available online at SUPPLEMENTARY INFORMATION:
to as ‘‘NSR Reform’’ regulations and
www.regulations.gov, including any Throughout this document whenever became effective on March 3, 2003.
personal information provided, unless ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean These regulatory revisions included
the comment includes information EPA. This supplementary information provisions for determining baseline
claimed to be Confidential Business section is arranged as follows: actual emissions, provisions for
Information (CBI) or other information promulgating actual-to-future actual
I. What Should I Consider as I Prepare My
whose disclosure is restricted by statute. Comments for EPA? methodology, provisions for
Do not submit information that you II. What Is Being Addressed in This establishing Plantwide Applicability
consider to be CBI or otherwise Document? Limits (PALs), provisions for using the
protected through www.regulations.gov III. What Are the Changes That EPA Is Clean Unit test, and, provisions for
or e-mail. The www.regulations.gov Web Proposing To Approve? using Pollution Control Projects (PCP).
site is an ‘‘anonymous access’’ system, IV. What Action Is EPA Taking Today? As stated in the December 31, 2002,
which means EPA will not know your V. Statutory and Executive Order Reviews
EPA rulemaking, state and local
identity or contact information unless I. What Should I Consider as I Prepare permitting agencies must adopt and
you provide it in the body of your My Comments for EPA? submit revisions to their part 51
comment. If you send an e-mail When submitting comments, permitting programs implementing the
comment directly to EPA without going remember to: minimum program elements of that
through www.regulations.gov, your e- 1. Identify the rulemaking by docket rulemaking no later than January 2,
mail address will be automatically number and other identifying 2006 (67 FR 80240). With this submittal,
captured and included as part of the information (subject heading, Federal Wisconsin requests approval of program
comment that is placed in the public Register date and page number). revisions that satisfy this requirement.
docket and made available on the 2. Follow directions—The EPA may
Internet. If you submit an electronic WDNR originally prepared rule
ask you to respond to specific questions
comment, EPA recommends that you changes to adopt a version of the federal
or organize comments by referencing a
include your name and other contact rule revisions which were subsequently
Code of Federal Regulations (CFR) part
information in the body of your authorized by the Wisconsin Natural
or section number.
comment and with any disk or CD–ROM 3. Explain why you agree or disagree; Resources Board for public hearing in
you submit. If EPA cannot read your suggest alternatives and substitute December 2003. After the DC Circuit
comment due to technical difficulties language for your requested changes. Court ruled on the challenges of the
cprice-sewell on PRODPC61 with PROPOSALS
and cannot contact you for clarification, 4. Describe any assumptions and federal NSR changes, WDNR moved
EPA may not be able to consider your provide any technical information and/ forward to adopt those portions of the
comment. Electronic files should avoid or data that you used. reform rules that the Court upheld and
the use of special characters, any form 5. If you estimate potential costs or clarify those portions that the Court
of encryption, and be free of any defects burdens, explain how you arrived at remanded back to EPA. WDNR
or viruses. For additional instructions your estimate in sufficient detail to submitted these regulatory revisions on
on submitting comments, go to Section allow for it to be reproduced. May 22, 2006.
VerDate Aug<31>2005 15:15 Apr 19, 2007 Jkt 211001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1
Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Proposed Rules 19831
VerDate Aug<31>2005 15:15 Apr 19, 2007 Jkt 211001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1
19832 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Proposed Rules
VerDate Aug<31>2005 15:15 Apr 19, 2007 Jkt 211001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1
Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Proposed Rules 19833
system’’ or ‘‘PEMS’’, ‘‘prevention of actual applicability test is more provision of PALs. This provision is
significant deterioration permit’’ or stringent than the federal rule in that it consistent with § 51.165(f)(8) of the
‘‘PSD Permit’’, ‘‘project’’, ‘‘projected applies to all sources and not just where federal rule.
actual emissions’’, ‘‘regulated NSR air there is a ‘‘reasonable possibility’’ that
NR 408.11(9)
contaminant’’, and ‘‘significant the source may exceed the projected
emissions increase’’. These definitions actual emissions, we propose to approve This section of 408.11 outlines the
are consistent with this approach. ‘‘EXPIRATION OF A PAL’’ provision of
§§ 51.165(a)(1)(xxxii), 51.165(a)(1)(xli), PALs. This provision is consistent with
Section 33 § 51.165(f)(9) of the federal rule.
51.165(a)(1)(xxxix), 51.165(a)(1)(xxviii),
51.165(a)(1)(xxxvii), and NR 408.11 PALs in Non-Attainment NR 408.11(10)
51.165(a)(1)(xxvii), respectively, of the Areas
federal rule. However, as a small This section of 408.11 outlines the
NR 408.11(1) ‘‘RENEWAL OF A PAL’’ provision of
deviation to note, WDNR has chosen to
refer to an NSR pollutant as an NSR air This portion of 408.11 outlines the PALs. This provision is consistent with
contaminant. ‘‘APPLICABILITY’’ provision of PALs. § 51.166(f)(10) of the federal rule.
This provision is consistent with
Section 30 NR 408.11(11)
§ 51.165(f)(1) of the federal rule.
This section of 408.11 outlines the
NR 408.025 NR 408.11(2) ‘‘INCREASING A PAL DURING THE
WDNR has established a provision This section of 405.18 outlines the PAL EFFECTIVE PERIOD’’ provision of
that provides a detailed explanation of ‘‘DEFINITIONS’’ provision of PALs. The PALs. This provision is consistent with
calculating increases in actual emissions included definitions in this section are; § 51.165(f)(11) of the federal rule.
from (1) existing emission units, (2) new ‘‘allowable emissions’’, ‘‘major
NR 408.11(12)
emission units, and (3) new and existing emissions unit’’, ‘‘PAL effective date’’,
emission units. This provision ‘‘PAL effective period’’, ‘‘PAL major This section of 408.11 outlines the
addresses actual emissions and baseline modification’’, ‘‘PAL permit’’, ‘‘PAL ‘‘MONITORING REQUIREMENTS FOR
actual emissions. This is consistent with regulated air contaminant’’, ‘‘significant PALS’’ provision of PALs. This
the ‘‘actual-to-projected actual emissions unit’’, and ‘‘small emissions provision is consistent with
applicability test’’ provisions that can be unit’’. This section is consistent with § 51.165(f)(12) of the federal rule.
found at § 51.165(a)(2)(ii)(C), (D), and § 51.165(f)(2) of the federal rule. NR 408.11(13)
(F) of the federal rule.
NR 408.11(3) This section of 408.11 outlines the
Section 31 This section of 408.11 outlines the ‘‘RECORDKEEPING REQUIREMENTS’’
NR 408.06(10) ‘‘PERMIT APPLICATION provision of PALs. This provision is
REQUIREMENTS’’ provision of PALs. consistent with § 51.165(f)(13) of the
WDNR has established this provision This provision is consistent with federal rule.
consistent with § 51.165(a)(3)(ii)(J) of § 51.165(f)(3) of the federal rule.
the federal rule, regarding the total NR 408.11(14)
increase in emissions resulting from a NR 408.11(4) This section of 408.11 outlines the
major modification. This section of 408.11 outlines the ‘‘REPORTING AND NOTIFICATION
‘‘GENERAL REQUIREMENTS FOR REQUIREMENTS’’ provision of PALs.
Section 32
ESTABLISHING PALS’’ provision of This provision is consistent with
NR 408.10(5) and (6) PALs. This provision is consistent with § 51.165(f)(14) of the federal rule.
WDNR has added language regarding § 51.165(f)(4) of the federal rule. NR 408.11(15)
sources that choose to use the actual-to- NR 408.11(5) This section of 408.11 outlines the
projected actual applicability test and ‘‘TRANSITION REQUIREMENTS’’
do not exceed the significance threshold This section of 408.11 outlines the
‘‘PUBLIC PARTICIPATION provision of PALs. This provision is
for any pollutant regulated by chapter consistent with § 51.165(f)(15) of the
NR 408. WDNR specifies recordkeeping REQUIREMENTS FOR PALS’’ provision
of PALs. This provision is consistent federal rule.
and reporting requirements for all
sources that elect to use the with § 51.165(f)(5) of the federal rule. Section 34
applicability test. The federal rules NR 408.11(6) NR 484.04(21)
require a source to follow the This section of 408.11 outlines the
recordkeeping and reporting This section is amended by WDNR so
‘‘SETTING THE 10-YEAR PAL LEVEL’’ that the performance specifications in
requirements in this section if there is provision of PALs. This provision is
a ‘‘reasonable possibility’’ that a source 40 CFR part 60, Appendix B, are
consistent with § 51.165(f)(6) of the incorporated by reference. Appendix B
may exceed the projected actual federal rule.
emissions. The ‘‘reasonable possibility’’ contains CEM performance
clause of this provision of the federal NR 408.11(7) specifications that are required by
rule has been remanded to EPA in the chapters NR 405 and NR 408. We
This section of 408.11 outlines the
June 24, 2005, DC Circuit Court ruling. propose to approve this provision into
‘‘CONTENTS OF THE PAL PERMIT’’
State of New York et al. v. EPA, 413 the SIP.
provision of PALs. This provision is
cprice-sewell on PRODPC61 with PROPOSALS
F.3d 3 (DC Cir. 2005). At this time, EPA consistent with § 51.165(f)(7) of the Section 35
has not responded to the remand order federal rule.
and this provision remains a part of the NR 484.04(27m)
federal rule. See 40 CFR 51.165(a)(6). As NR 408.11(8) This section was created by WDNR to
Wisconsin’s requirement of This section of 408.11 outlines the incorporate by reference, 40 CFR part
recordkeeping and reporting for all ‘‘PAL EFFECTIVE PERIOD AND 82, Subpart A, for the ozone depleting
facilities using the actual-to-projected REOPENING OF THE PAL PERMIT’’ substance list that existed in the
VerDate Aug<31>2005 15:15 Apr 19, 2007 Jkt 211001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1
19834 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Proposed Rules
Pollution Control Project provision that by state law, it does not contain any or adopted by voluntary consensus to
was in the original version of the rules. unfunded mandate or significantly or carry out policy objectives, so long as
The Pollution Control Project provision uniquely affect small governments, as such standards are not inconsistent with
has been vacated. However, this section described in the Unfunded Mandates applicable law or otherwise impractical.
will remain in the rules in case it is Reform Act of 1995 (Pub. L. 104–4). In reviewing SIP submissions, EPA’s
needed for reference in the future. We role is to approve state choices,
Executive Order 13132: Federalism provided that they meet the criteria of
propose to approve this provision into
the SIP. This action also does not have the Clean Air Act. Absent a prior
Federalism implications because it does existing requirement for the state to use
Section 36 not have substantial direct effects on the voluntary consensus standards, EPA has
This section states the date rule AM– states, on the relationship between the no authority to disapprove a SIP
06–04 becomes effective by WDNR. The national government and the states, or submission for failure to use such
date will be the first day of the month on the distribution of power and standards, and it would thus be
following publication in the Wisconsin responsibilities among the various inconsistent with applicable law for
administrative register. Also, WDNR levels of government, as specified in EPA to use voluntary consensus
will not publish the rule until EPA Executive Order 13132 (64 FR 43255, standards in place of a program
approves it. August 10, 1999). This action merely submission that otherwise satisfies the
proposes to approve a state rule provisions of the Clean Air Act.
Section 37
implementing a federal standard, and Therefore, the requirements of section
This section contains the date the rule does not alter the relationship or the 12(d) of the NTTA do not apply.
is approved to be adopted by the State distribution of power and
of Wisconsin Natural Resources Board. List of Subjects in 40 CFR Part 52
responsibilities established in the Clean
Air Act. Environmental protection, Air
IV. What Action Is EPA Taking Today?
pollution control, Carbon monoxide,
EPA is proposing to approve into the Executive Order 13175: Consultation Incorporation by reference,
Wisconsin State Implementation Plan and Coordination With Indian Tribal Intergovernmental relations, Lead,
(SIP) the revisions to WDNR’s PSD and Governments Nitrogen dioxide, Ozone, Particulate
Non-attainment NSR construction This proposed rule also does not have matter, Reporting and recordkeeping
permits program submitted by WDNR tribal implications because it will not requirements, Sulfur oxides, Volatile
on May 25, 2006. These revisions meet have a substantial direct effect on one or organic compounds.
the minimum program requirements of more Indian tribes, on the relationship Dated: April 11, 2007.
the December 31, 2002, EPA NSR between the federal government and Bharat Mathur,
Reform rulemaking. Indian tribes, or on the distribution of Acting Regional Administrator, Region 5.
VI. Statutory and Executive Order power and responsibilities between the [FR Doc. E7–7541 Filed 4–19–07; 8:45 am]
Reviews federal government and Indian tribes, as
BILLING CODE 6560–50–P
specified by Executive Order 13175 (65
Executive Order 12866: Regulatory FR 67249, November 9, 2000).
Planning and Review
Executive Order 13045: Protection of ENVIRONMENTAL PROTECTION
Under Executive Order 12866 (58 FR Children From Environmental Health AGENCY
51735, September 30, 1993), this action and Safety Risks
is not a ‘‘significant regulatory action’’ 40 CFR Part 52
and therefore is not subject to review by This proposed rule also is not subject
to Executive Order 13045 ‘‘Protection of [EPA–R05–OAR–2006–0609; FRL–8302–8]
the Office of Management and Budget.
Children from Environmental Health Approval and Promulgation of Air
Paperwork Reduction Act Risks and Safety Risks’’ (62 FR 19885, Quality Implementation Plans;
This proposed rule does not impose April 23, 1997), because it is not Wisconsin; New Source Review
an information collection burden under economically significant. Reform ‘‘Linkage’’ Rule, Rule AM–32–
the provisions of the Paperwork 04b
Executive Order 13211: Actions That
Reduction Act of 1995 (44 U.S.C. 3501
Significantly Affect Energy Supply, AGENCY: Environmental Protection
et seq.).
Distribution, or Use Agency (EPA).
Regulatory Flexibility Act Because it is not a ‘‘significant ACTION: Proposed rule.
This proposed action merely proposes regulatory action’’ under Executive
to approve state law as meeting federal Order 12866 or is likely to have a SUMMARY: EPA is proposing to approve
requirements and imposes no additional significant adverse effect on the supply, as a revision to the Wisconsin State
requirements beyond those imposed by distribution, or the use of energy, this Implementation Plan (SIP) changes to
state law. Accordingly, the action is also not subject to Executive the minor New Source Review (NSR)
Administrator certifies that this Order 13211, ‘‘Actions Concerning construction permit program and
proposed rule will not have a significant Regulations That Significantly Affect permits fees schedule, through rule
economic impact on a substantial Energy Supply, Distribution, or Use’’ (66 AM–32–04b. The purpose of rule AM–
number of small entities under the FR 28355, May 22, 2001). 32–04b is to update Wisconsin’s minor
Regulatory Flexibility Act (5 U.S.C. 601 NSR construction permit program to
cprice-sewell on PRODPC61 with PROPOSALS
VerDate Aug<31>2005 15:15 Apr 19, 2007 Jkt 211001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1