Approval and Promulgation of Air Quality Implementation Plans: Particulate Matter Standards; Wisconsin

Federal Register: April 8, 2010 (Volume 75, Number 67)

Rules and Regulations

Page 17865-17868

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr08ap10-10

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52

EPA-R05-OAR-2009-0731; FRL-9129-7

Approval and Promulgation of Air Quality Implementation Plans;

Wisconsin; Particulate Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: Wisconsin updated its state ambient air quality standards rules to match the current Federal standards. The updates were made to the particulate matter standards by adding fine particulate standards and revoking the state's course particulate standards. EPA revised its particulate matter standards in October 2006 by strengthening the 24- hour fine particulate standard and revoking the annual standard for course particulate. EPA is approving the revisions to the Wisconsin

State Implementation Plan (SIP) as requested by the state on September 11, 2009.

Page 17866

DATES: This direct final rule will be effective June 7, 2010, unless

EPA receives adverse comments by May 10, 2010. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-

OAR-2009-0731, by one of the following methods: 1. http://www.regulations.gov: Follow the online instructions for submitting comments. 2. E-mail: compher.michael@epa.gov. 3. Fax: (312) 692-2511. 4. Mail: Michael Compher, Acting Chief, Criteria Pollutant Section,

Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77

West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Michael Compher, Acting Chief, Criteria Pollutant

Section, Air Programs Branch (AR-18J), U.S. Environmental Protection

Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are

Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

Instructions: Direct your comments to Docket ID No. EPA-R05-OAR- 2009-0731. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be

Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the

Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding

Federal holidays. We recommend that you telephone Matt Rau,

Environmental Engineer, at (312) 886-6524 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,

Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental

Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,

Illinois 60604, (312) 886-6524, rau.matthew@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''

``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows:

1. What is the background for this action?

2. What is EPA's analysis of the revision?

3. What are the environmental effects of this action?

4. What action is EPA taking?

5. Statutory and Executive Order Reviews

1. What is the background for this action?

   Wisconsin requested a revision to its SIP on September 11, 2009.

   The request is to update the particulate matter ambient air quality standards. The particulate matter standards were revised to match the 2006 Federal standards. On October 17, 2006, EPA revised its particulate matter ambient air quality standards, strengthening the 24- hour fine particulate (PM2.5) standard and retaining the annual PM2.5standard. EPA also revoked the annual standard for coarse particulate matter (PM10) because available evidence did not suggest a link between long term PM10 exposure and health problems. The 24-hour PM10standard remains in place.

2. What is EPA's analysis of the revision?

   Wisconsin revised chapters NR 404 and 484 of the Wisconsin

   Administration Code. Wisconsin added the definition of PM2.5 and the PM2.5ambient air quality standards to its rules to be consistent with current Federal standards. Wisconsin also removed the annual PM10standard.

   The revisions made by Wisconsin are in accordance with the current

   Federal PM2.5and PM10standards. EPA strengthened the particulate matter ambient air quality standards in 2006 to reflect the latest scientific data for protecting human health, and Wisconsin has adopted the same standards to keep its ambient air quality standards current with the Federal standards.

3. What are the environmental effects of this action?

   This action incorporates the Federal PM2.5and

   PM10ambient air quality standards into the Wisconsin SIP, including the more stringent standard for 24-hour PM2.5 standard. The current Federal standards are effective and enforceable nationwide. The revisions add clarity for Wisconsin sources and stakeholders, as it updates the PM10standards and adds the

   PM2.5standards to the state rules.

   Particulate matter interferes with lung function when inhaled.

   Exposure to particulates can cause heart and lung disease. Particulate matter also aggravates asthma. Airborne particulate is the main source of haze that causes a reduction in visibility. Particulate matter is also deposited on the ground and in the water, changing nutrient and chemical balances.

4. What action is EPA taking?

   EPA is approving revisions to the Wisconsin SIP. Wisconsin revised chapters NR 404 and 484 of the Wisconsin Administration Code. In chapter NR 404, the state removed the annual PM10standard, added the definition of PM2.5, and added the 2006

   PM2.5standards. Wisconsin incorporated by reference the

   Code of Federal Regulations (CFR) monitoring requirements into chapter

   NR 484 that correspond to the chapter NR 404 revisions. Specifically,

   Wisconsin incorporated 40 CFR part 50 appendices K, L, and M and 40 CFR part 53 by reference into chapter NR 484.

   We are publishing this action without prior proposal because we view this as

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   a noncontroversial amendment and anticipate no adverse comments.

   However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective June 7, 2010 without further notice unless we receive relevant adverse written comments by

   May 10, 2010. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. If we do not receive any comments, this action will be effective June 7, 2010.

5. Statutory and Executive Order Reviews

   Under the Clean Air Act, the Administrator is required to approve a

   SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).

   Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act.

   Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action:

   Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

   Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

   Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory

   Flexibility Act (5 U.S.C. 601 et seq.);

   Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded

   Mandates Reform Act of 1995 (Pub. L. 104-4);

   Does not have Federalism implications as specified in

   Executive Order 13132 (64 FR 43255, August 10, 1999);

   Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

   Is not a significant regulatory action subject to

   Executive Order 13211 (66 FR 28355, May 22, 2001);

   Is not subject to requirements of Section 12(d) of the

   National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and

   Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under

   Executive Order 12898 (59 FR 7629, February 16, 1994).

   In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

   The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

   Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the

   United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of

   Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal

   Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

   Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 7, 2010. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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 52

   Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter.

   Dated: March 11, 2010.

   Walter W. Kovalick Jr.,

   Acting Regional Administrator, Region 5. 0 40 CFR part 52 is amended as follows:

   PART 52--[AMENDED] 0 1. The authority citation for part 52 continues to read as follows:

   Authority: 42 U.S.C. 7401 et seq.

   Subpart YY--Wisconsin 0 2. Section 52.2570 is amended by adding paragraph (c)(121) to read as follows:

   Sec. 52.2570 Identification of plan.

   * * * * *

   (c) * * *

   (121) On September 11, 2009, the Wisconsin Department of Natural

   Resources submitted a State Implementation Plan revision request. The state's ambient air quality standards were revised to match the 2006

   Federal ambient air quality standards for particulate matter

   (PM10and PM2.5).

   (i) Incorporation by reference. The following sections of the

   Wisconsin Administrative Code are incorporated by reference:

   (A) NR 404.02 Definitions. NR 404.02(4e) ``PM2.5'' as published in the Wisconsin Administrative Register, on September 30, 2009, No. 645, effective October 1, 2009.

   (B) NR 404.04 Ambient Air Quality Standards. NR 404.04(8)

   ``PM10: PRIMARY AND SECONDARY STANDARDS.'' and NR 404.04(9)

   ``PM2.5:

   PRIMARY AND SECONDARY STANDARDS'' as published in the Wisconsin

   Administrative Register, on September 30, 2009, No. 645, effective

   October 1, 2009.

   (ii) Additional material.

   (A) NR 484.03 Code of federal regulations. NR 484.03(5) in Table 1 as published in the Wisconsin Administrative Register, on September 30, 2009, No. 645, effective October 1, 2009.

   (B) NR 484.04 Code of federal regulations appendices. NR 484.04(6),

   (6g), and (6r) in Table 2, as published in the Wisconsin Administrative

   Register,

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   on September 30, 2009, No. 645, effective October 1, 2009.

   * * * * *

   FR Doc. 2010-7968 Filed 4-7-10; 8:45 am

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