14116 Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Proposed Rules 

understands clearly the important role it 

plays in encouraging and enabling 

international trade and commerce. 

As noted above, the Department 

determined its proposed fees using a 

federally approved fee-setting model— 

activity-based costing—developed with 

the assistance of independent 

professional consultants experienced in 

activity-based cost modeling, and 

believes that these proposed fees will be 

self-sustaining when implemented. 

Moreover, the Department continues to 

refine and update the CoSS so it can 

regularly monitor its fees and make 

adjustments as required to continue to 

set fees commensurate with what it 

costs the Department to provide the 

service in question. 

Dated: March 18, 2010. 

Patrick F. Kennedy, 

Under Secretary of State for Management, 

Department of State. 

[FR Doc. 2010–6490 Filed 3–23–10; 8:45 am] 

BILLING CODE 4710–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–0587; FRL–9130–1] 

Approval of Implementation Plans of 

Wisconsin: Nitrogen Oxides 

Reasonably Available Control 

Technology 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Wisconsin State 

Implementation Plan (SIP) submitted on 

June 12, 2007 and on September 14, 

2009. These revisions incorporate 

provisions related to the 

implementation of nitrogen oxides 

(NOX) Reasonably Available Control 

Technology (RACT) for major sources in 

the Milwaukee-Racine and Sheboygan 

ozone nonattainment areas. EPA is 

proposing to approve SIP revisions that 

address the requirements found in 

section 182(f) of the Clean Air Act 

(CAA). EPA is also proposing to approve 

other miscellaneous rule changes that 

affect NOX regulations that were 

previously adopted and approved into 

the SIP. 

DATES: Comments must be received on 

or before April 23, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2007–0587, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: damico.genevieve@epa.gov. 

3. Fax: (312) 385–5501. 

4. Mail: Genevieve Damico, 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: Genevieve Damico, 

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–2007– 

0587. 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 through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. 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 and any form of 

encryption and should be free of any 

defects or viruses. For additional 

information about EPA’s public docket 

visit the EPA Docket Center homepage 

at http://www.epa.gov/epahome/ 

dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

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 Douglas 

Aburano, Environmental Engineer, at 

(312) 353–6960, before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Aburano, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6960, 

aburano.douglas@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Action Is EPA Proposing To Take? 

II. W hat Are the NOX RACT Requirements? 

III. Analysis of Wisconsin’s NOX RACT 

Submittal 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Proposing To 

Take? 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, we mean 

EPA. 

NOX RACT Approval 

EPA is proposing to approve revisions 

to Wisconsin’s SIP, submitted on June 

12, 2007 and on September 14, 2009. 

The CAA amendments of 1990 

introduced the requirement for existing 

major stationary sources of NOX in 

nonattainment areas to install and 

operate NOX RACT. Specifically, section 

182(b)(2) of the CAA requires States to 

adopt RACT for all major sources of 

volatile organic compounds (VOC) in 

ozone nonattainment areas; section 

182(f) extends the RACT provisions to 

major stationary sources of NOX. 

Wisconsin was not required to adopt 

NOX RACT rules under the 1-hour 

ozone standard because all of the ozone 

nonattainment areas in Wisconsin were 


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covered by a NOX waiver that was 

approved in the Federal Register on 

January 26, 1996 (61 FR 2428). This 

NOX waiver, issued under section 182(f) 

of the CAA, exempted the affected areas 

from the RACT and nonattainment New 

Source Review requirements for major 

stationary sources of NOX. Wisconsin is, 

however, required to adopt NOX RACT 

rules for the 1997 8-hour ozone standard 

because a NOX waiver has not been 

issued under this ozone standard. The 

NOX RACT submittals were due on 

September 15, 2006. 

Approval of Other Non-RACT NOX

Rules 

Additionally, the Wisconsin 

Department of Natural Resources 

(WDNR) submitted minor additions and 

amendments to other non-RACT NOX

rules as part of the June 12, 2007 and 

September 14, 2009 submittals. The 

non-RACT NOX rules that are being 

changed were originally approved into 

Wisconsin’s SIP on November 13, 2001 

(66 FR 56931). These other NOX rules 

were submitted as part of Wisconsin’s 

reasonable further progress SIP for the 

1-hour ozone standard. 

II. What Are the NOX RACT 

Requirements? 

The CAA amendments of 1990 

introduced the requirement for existing 

major stationary sources of NOX in 

nonattainment areas to install and 

operate NOX RACT. Specifically, section 

182(b)(2) of the CAA requires States to 

adopt RACT for all major sources of 

VOC in ozone nonattainment areas, and 

section 182(f) requires the RACT 

provisions for major stationary sources 

of oxides of nitrogen. ‘‘RACT’’ is defined 

as the lowest emission limitation that a 

particular source is capable of meeting 

by the application of control technology 

that is reasonably available considering 

technological and economic feasibility 

(44 FR 53762). 

Section 302 of the CAA defines major 

stationary source as any facility which 

has the potential to emit 100 tons per 

year of any air pollutant. For serious 

ozone nonattainment areas, a major 

source is defined by section 182(c) as a 

source that has the potential to emit 50 

tons of NOX per year. For severe ozone 

nonattainment areas, a major source is 

defined by section 182(d) as a source 

that has the potential to emit 25 tons per 

year. 

These requirements can be waived 

under section 182(f) of the CAA. See 

EPA memo dated December 16, 1993 

from John Seitz, Director, Office of Air 

Quality Planning and Standards to Air 

Division Directors entitled, ‘‘Guideline 

for Determining the Applicability of 

Nitrogen Oxide Requirements Under 

Section 182(f).’’ Waivers can be granted 

if the Administrator determines that any 

one of the following tests is met: 

1. In any area, the net air quality 

benefits are greater in the absence of 

NOX reductions from the sources 

concerned; 

2. In nonattainment areas not within 

an ozone transport region, additional 

NOX reductions would not contribute to 

ozone attainment in the area; or 

3. In nonattainment areas within an 

ozone transport region, additional NOX

reductions would not produce net ozone 

air quality benefits in the transport 

region. 

Wisconsin received a NOX waiver 

under the 1-hour ozone standard on 

January 26, 1996 and, therefore, was not 

required to adopt NOX RACT 

regulations for that standard. However, 

there are areas in Wisconsin that are 

nonattainment for the 1997 8-hour 

ozone standard. These areas were 

designated nonattainment on June 15, 

2004 (69 FR 23947). Because Wisconsin 

does not have a waiver for the NOX

requirements for the 1997 8-hour ozone 

standard, NOX RACT rules are required 

in the areas that are classified as 

moderate or above. 

Since the only areas in Wisconsin that 

are required to adopt NOX RACT are 

classified as moderate for the 1997 8- 

hour ozone standard, the rules that have 

been adopted only need to address 

sources with the potential to emit 100 

tons per year. The NOX RACT rules 

were to have been submitted September 

15, 2006. 

III. Analysis of Wisconsin’s NOX RACT 

Submittal 

A. Nature of Wisconsin’s Submittal 

On June 12, 2007, Wisconsin 

submitted rules and supporting material 

for addressing the NOX RACT 

requirements. WDNR held a public 

hearing for these rules on March 15, 

2007. WDNR also provided a comment 

period that was announced on February 

2, 2007 and ended on March 19, 2007. 

On September 14, 2009, Wisconsin 

submitted a supplemental SIP revision 

and additional supporting material for 

addressing the NOX RACT 

requirements. WDNR held a public 

hearing for these rules on December 5, 

2008. WDNR also provided a comment 

period that was announced on October 

30, 2008 and ended on December 10, 

2008. 

B. Summary of Wisconsin’s Rules 

June 12, 2007 Submittal 

Chapter NR 428 of the Wisconsin 

Administrative Code Environmental 

Protection Air Pollution Control, 

entitled, ‘‘Control of Nitrogen 

Compound Emissions,’’ includes 

provisions limiting the emissions of 

NOX from stationary sources in 

Wisconsin. While Ch. NR 428 contains 

many sections, Wisconsin submitted 

only a portion of them to address the 

NOX RACT requirements. Specifically, 

Wisconsin submitted rules 428.02(7m), 

428.04(2)(h)1. and 2., 428.05(3)(e)1. to 

4., 428.20 through 428.26, 484.04(13), 

484.04(15m) and (16m), and 

484.04(21m), (26m)(bm), (26m)(d), and 

(27) for Federal approval. 

The RACT rules establish NOX

emission limitations for major sources 

in the moderate ozone nonattainment 

areas of Wisconsin, which include the 

counties of Kenosha, Milwaukee, 

Ozaukee, Racine, Sheboygan, 

Washington, and Waukesha. Major 

sources in those counties were required 

to be in compliance with the NOX RACT 

program by May 1, 2009. The RACT 

rules have been adopted and passed by 

all necessary State law-making bodies, 

and the rules became effective on 

August 1, 2007. 

The RACT rules require individual 

emission units at a major source to be 

in compliance with specific emission 

limitations defined by source category 

and fuel types. The NOX emission 

limitations are defined based on 

available control technologies and costeffectiveness of up to $2,500 per ton of 

controlled NOX. However, the emission 

limits are not applicable if the unit 

operates below an ozone season 

threshold level that is related to costeffectiveness of control. Once a unit 

exceeds the threshold during any ozone 

season after the effective date of the 

rule, it is always subject to the RACT 

requirements. A phased compliance 

schedule is specified for electric utility 

coal fired boilers to account for 

installation and electric reliability 

needs. All emission limitations across 

the source categories are expressed on a 

30-day rolling basis and are to be met 

on a year-round basis. 

The rules require compliance 

monitoring, record keeping, and 

reporting specified for each source 

category. For units already required to 

do so, emissions are to be measured 

according to 50 CFR Part 75 CEMs 

monitoring requirements. Remaining 

units are specified by source category to 

either install and operate continuous 

NOX emission monitors according to 40 

CFR Part 60 methods or perform stack 

testing every two years. The rules 

specify the methods and calculations 

used to tabulate emissions under each 

requirement. Units are required to have 


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a malfunction and abatement plan for 

the monitoring system. 

The rules establish a number of 

default exemptions from the emission 

limits for units meeting certain 

conditions. The exemptions streamline 

compliance by identifying sources for 

which control cost-effectiveness is 

beyond that considered in the rules. 

These sources otherwise would likely 

qualify for a variance to the RACT 

requirement. The rules identify minimal 

recordkeeping requirements to ensure 

continued qualification under the 

applicable exemption. There are 

generally two bases for the exemptions: 

(1) unit types or applications with low 

operation levels; and (2) units which are 

meeting the emission limit and have 

sufficient monitoring requirements in 

place or are well controlled and for 

which the incremental control to meet 

the RACT emission limit is significantly 

more costly. 

Alternative compliance methods in 

the rule include emissions averaging, a 

case-by-case RACT determination, and a 

Clean Air Interstate Rule (CAIR) 

equivalency provision. These programs 

have been structured to meet EPA’s 

guidance for economic incentive 

programs, public notification, and 

review requirements. 

Lastly, to address utility reliability 

issues, the rules allow an entity to 

request a temporary waiver of an 

emission limit. This provision 

establishes a process to evaluate an 

emission limit exceedance due to an 

uncontrollable or unforeseeable event 

during the course of which service must 

be maintained to un-interruptible 

customers. The request for a waiver is 

after the event and is subject to review 

and approval of both WDNR and EPA. 

The major provisions of the RACT 

rules are: 

NR 428.02 Definitions 

NR 428.20 Applicability and purpose. 

NR 428.21 Emission unit exceptions. 

NR 428.22 Emission limitation 

requirements. 

NR 428.23 Demonstrating compliance 

with emission limitations. 

NR 428.24 Record keeping and 

reporting. 

NR 428.25 Alternative compliance 

methods and approaches. 

NR 428.26 Utility reliability waiver. 

Provisions related to the RACT rule 

are: 

NR 400 Air pollution control 

definitions 

NR 439 Reporting, recordkeeping, 

testing, inspection, and determination 

of compliance requirements 

NR 484.04 Incorporation by reference. 

Several non-substantive modifications 

are included in this package addressing 

the units of applicable emission 

limitations for reciprocating engines 

under existing NR 428 requirements. 

September 14, 2009 Submittal 

The Wisconsin Natural Resources 

Board adopted an order to: renumber 

and amend 428.22(1)(d); amend NR 

428.04(1) and (3)(b), 428.05(1) and 

(4)(b)2., 428.07(intro.), (1)(a) and (b)1. 

and 3., (3) and (4)(c), 428.08(title) and 

(2)(title), 428.09(2)(a), 428.20(1), 

428.22(2)(intro.), 428.23(1)(b)1., 

428.24(1)(b)(intro.) and 428.25(1)(a)1.a. 

and c. and (3)(b); and to create NR 

428.02(7e), 428.08(2)(f), 428.12, 

428.22(1)(d)2., and 428.23(1)(b)9., 

relating to modification of existing rules 

for control of NOX emitted by stationary 

sources in the ozone nonattainment area 

in southeastern Wisconsin. The 

proposed revisions relate to issues for 

SIP approvability and miscellaneous 

implementation issues. 

The rule revisions address two areas: 

(1) Incorporating the term and a 

definition of ‘‘maximum theoretical 

emissions’’ in place of ‘‘potential to 

emit’’ in order to adequately identify 

major sources; and (2) revisions 

identified by the department and 

stakeholders which clarify and facilitate 

implementation of requirements within 

ch. NR 428. 

There are a number of nonsubstantive revisions in the rule that 

address clarification and 

implementation issues, which are 

consistent with the original intent of the 

rules. These revisions include: 

1. Removal of the reference to the 

Federal CAIR and usage of standard 

terms in identifying the appropriate 

units. 

2. Allowance of additional time for 

sources to submit an application for an 

alternative emission limit or compliance 

schedule. 

3. Allowance for a source with an 

approved alternative RACT requirement 

to participate in emissions averaging for 

purposes of demonstrating compliance 

with the original RACT limitation or 

schedule. 

4. The revision avoids triggering new 

source NOX limits under rule NR 428.04 

when the modification is made solely to 

comply with existing source NOX

control requirements under rules NR 

428.05 or 428.22. 

5. Clarification and simplification of 

monitoring and reporting requirements. 

6. Removal of the reference to 

‘‘modified’’ sources in the applicability 

statement in rule NR 428.05(1). 

7. Identification of limited periods 

when the current form of the emission 

limitation for glass furnaces is not 

appropriate. During these periods the 

numerical emission limit does not 

apply. Instead, the source is required to 

minimize NOX emissions through 

combustion optimization techniques 

described in rule NR 439.096. 

There are no changes from the June 

12, 2007 submittal that alter the primary 

emission limitations or that alter those 

individual emissions units subject to 

emission requirements. 

C. Review of Wisconsin Submittal 

NOX RACT Portion of June 12, 2007 and 

September 14, 2009 Submittals 

The WDNR created Subchapter IV 

entitled ‘‘NOX Reasonably Available 

Control Technology Requirements’’ to 

address the NOX RACT requirements of 

the CAA. Subchapter IV consists of 

rules 428.20 through 428.26. 

Rule 428.20 ‘‘Applicability and 

Purpose’’ establishes the geographic 

scope of the rule and the sources that 

are subject to the rule. The rules apply 

in the nonattainment areas that are 

classified as moderate under the 1997 8- 

hour ozone standard. There are no 

nonattainment areas with a 

classification higher than moderate in 

Wisconsin. Therefore, the rules apply in 

the Milwaukee-Racine area (Kewaunee 

County, Milwaukee County, Ozaukee 

County, Racine County, Washington 

County, and Waukesha County) and 

Sheboygan County. The requirements 

apply to the owner or operator of a NOX

emissions unit which is located at a 

facility with a combined total potential 

to emit for all NOX emissions units of 

100 tons per year or more. This is 

consistent with the CAA and EPA 

guidance. Rule 428.20 refers to 

Wisconsin’s definition of ‘‘Maximum 

theoretical emissions’’ found in 

Wisconsin rule NR 428.02(7e). These 

two rules, in combination, satisfy the 

requirements for adequate applicability. 

NR 428.02 ‘‘Definitions’’ adds the 

definition of ‘‘maximum theoretical 

emissions,’’ rule NR 428.02(7e). This 

addition is acceptable. It is referred to 

under NR 428.20, the ‘‘Applicability and 

purpose’’ section of the NOX RACT 

rules. 

NR 428.21 ‘‘Emission unit exceptions’’ 

exempts certain units from emission 

limits but still requires monitoring 

emissions and keeping records for these 

units. Should these units no longer 

qualify for an exemption, emission 

limits will then apply. The rule 

establishes a number of default 

exemptions from the emission limits for 

units meeting certain conditions. The 

rule identifies minimal recordkeeping 

requirements to ensure continued 

qualification under the applicable 

exemption. There are generally two 


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bases for the exemptions: (1) Unit types 

or applications with low operation 

levels; and (2) units which are meeting 

the emission limit and have sufficient 

monitoring requirements in place or are 

well controlled and for which the 

incremental control to meet the RACT 

emission limit is significantly more 

costly. Wisconsin has justified these 

exemptions based on cost-effectiveness. 

The technical support document found 

in the docket associated with this action 

has more details on the justification for 

these exemptions. 

The one exemption not based on costeffectiveness but rather on a technical 

basis is the exemption under rule NR 

428.21(g) for a ‘‘gaseous fuel fired unit 

used to control VOC emissions’’. The 

primary consideration in design and 

operation of such an emissions unit is 

for the efficient destruction of VOC 

emissions and not to minimize NOX

emissions. For this reason this 

exemption is appropriate. 

NR 428.22 ‘‘Emission limitation 

requirements’’ establishes NOX emission 

rate limits by source category applicable 

to emission units operating above the 

applicability threshold. The source 

categories, operating levels, and 

emission limitations are presented in 

Table 1. The emission limits contained 

in the rule are a 30-day rolling average 

requirement applicable on a year-round 

basis. A unit subject to an emission 

limitation must demonstrate compliance 

on an individual basis by May 1, 2009. 

These limits are consistent with EPA 

guidance for the various categories for 

which Alternative Control Technology 

documents have been issued and with 

more recent State and Federal NOX

control programs. 

TABLE 1—NOX RACT CATEGORICAL EMISSION LIMITS 1

Source category Capacity threshold NOX emission limitation 

(30 day rolling average) 

Solid Fuel-Fired Boiler .................................. =>1000 mmBtu/hr ......................................... Tangential-fired, 0.10 lbs/mmBtu. 

Wall-fired, 0.10 lbs/mmBtu. 

Cyclone-fired, 0.10 lbs/mmBtu. 

Fluidized bed-fired, 0.10 lbs/mmBtu. 

Arch-fired, 0.18 lbs/mmBtu. 

=>500–999 mmBtu/hr ................................... Tangential-fired, 0.15 lbs/mmBtu. 

Wall-fired (low heat release), 0.15 lbs/mmBtu. 

Wall-fired (high heat release), 0.17 lbs/mmBtu. 

Cyclone-fired, 0.15 lbs/mmBtu. 

Fluidized bed-fired, 0.10 lbs/mmBtu. 

Arch-fired, 0.18 lbs/mmBtu. 

=>250–495 mmBtu/hr ................................... Tangential-fired, 0.15 lbs/mmBtu. 

Wall-fired (low heat release), 0.15 lbs/mmBtu. 

Wall-fired (high heat release), 0.17 lbs/mmBtu. 

Cyclone-fired, 0.15 lbs/mmBtu. 

Fluidized bed-fired, 0.10 lbs/mmBtu. 

Arch-fired, 0.18 lbs/mmBtu. 

Stoker-fired, 0.20 lbs/mmBtu. 

50–249 mmBtu/hr ......................................... Tangential-fired, 0.15 lbs/mmBtu. 

Wall-fired (low heat release), 0.15 lbs/mmBtu. 

Wall-fired (high heat release), 0.17 lbs/mmBtu. 

Cyclone-fired, 0.15 lbs/mmBtu. 

Fluidized bed-fired, 0.10 lbs/mmBtu. 

Arch-fired, 0.18 lbs/mmBtu. 

Stoker-fired, 0.25 lbs/mmBtu. 

Gaseous or Liquid Fuel-Fired Boiler ............. =>100 mmBtu/hr ........................................... Gaseous fuel, 0.08 lbs/mmBtu. 

=>100 mmBtu/hr ........................................... Distillate oil, 0.10 lbs/mmBtu. 

=>65 mmBtu/hr ............................................. Residual or waste oil, 0.15 lbs/mmBtu. 

Lime Kiln (manufacturing) ............................. =>50 mmBtu/hr ............................................. Gaseous fuel, 0.10 lbs/mmBtu. 

Distillate oil, 0.12 lbs/mmBtu. 

Residual oil, 0.15 lbs/mmBtu. 

Coal, 0.60 lbs/mmBtu. 

Coke, 0.70 lbs/mmBtu. 

Glass Furnace 2 ............................................. =>50 mmBtu/hr ............................................. 2.0 lbs/ton of glass. 

Metal Reheat, Galvanizing, and Annealing 

Furnace.

=>75 mmBtu/hr ............................................. 0.08 lbs/mmBtu. 

Asphalt Plants ............................................... =>65 mmBtu/hr ............................................. Gaseous fuel, 0.15 lbs/mmBtu. 

Distillate oil, 0.20 lbs/mmBtu. 

Residual or waste oil, 0.27 lbs/mmBtu. 

Process Heating ............................................ =>100 mmBtu/hr ........................................... Gaseous fuel, 0.10 lbs/mmBtu. 

=>100 mmBtu/hr ........................................... Distillate oil, 0.12 lbs/mmBtu. 

=>65 mmBtu/hr ............................................. Residual or waste oil, 0.18 lbs/mmBtu. 

Simple Cycle Combustion Turbine ............... =>50 MW ...................................................... Natural gas, 25 ppmdv @ 15% O2. 

Distillate oil, 65 ppmdv @ 15% O2. 

Biologically derived fuel, 35 ppmdv @ 15% O2. 

25–49 MW .................................................... Natural gas, 42 ppmdv @ 15% O2. 

Distillate oil, 96 ppmdv @ 15% O2. 

Biologically derived fuel, 35 ppmdv @ 15% O2. 

Combined Cycle Turbine .............................. =>25 MW ...................................................... Natural gas, 9 ppmdv @ 15% O2. 

Distillate oil, l42 ppmdv @ 15% O2. 

10–24 MW .................................................... Natural gas, 42 ppmdv @ 15% O2. 

Distillate oil, 42 ppmdv @ 15% O2. 

=>25 MW ...................................................... Biologically derived fuel, 35 ppmdv @ 15% O2. 

Reciprocating Engine .................................... =>500 horsepower ....................................... Rich-burn units, 3.0 gr/bhp-hr. 


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TABLE 1—NOX RACT CATEGORICAL EMISSION LIMITS 1—Continued 

Source category Capacity threshold NOX emission limitation 

(30 day rolling average) 

Lean-burn units, 3.0 gr/bhp-hr. 

Distillate-fuel units, 3.0 gr/bhp-hr. 

Natural Gas/Dual fuel, 3.0 gr/bhp-hr. 

(1) The compliance deadline for most sources was May 1, 2009. However, electric generating units have interim emission limits and extended 

compliance time frames. See Table 2. 

(2) During periods when the furnace is operating for purposes other than producing glass, NOX emissions must be minimized. 

For electric utility coal-fired boilers 

the rule sets a phased compliance 

schedule with interim emission limits 

for May 1, 2009 and final RACT 

emission limits by May 1, 2013. The 

purpose of the phased compliance 

schedule is to allow the electric utilities 

the necessary time to install post 

combustion controls while maintaining 

a reliable electric supply. Some control 

technologies, like selective catalytic 

reduction equipment, can take up to two 

years to install for an individual project. 

This is compounded by the fact that 

utilities are subject to limited 

installation windows that further 

restrict the installation schedule. On 

this basis, multiple installations cannot 

be fully accomplished on all electric 

utility boilers within the moderate 

nonattainment area by 2009. The 

schedule of phased limitations is 

provided in Table 2. 

TABLE 2—COMPLIANCE SCHEDULE FOR ELECTRIC UTILITY COAL-FIRED BOILERS

Compliance date 

Emission limits (lbs/mmbtu) 

Coal-fired boilers >1000 mmbtu/hr Coal-fired boilers >500 

and <1000 mmbtu/hr 

May 1, 2009 ......................................... wall fired = 0.15 ............................................................................................... wall fired = 0.20. 

tangential fired = 0.15 ...................................................................................... tangential fired = 0.15. 

cyclone = 0.15 ................................................................................................. cyclone = 0.20. 

fluidized bed = 0.15 ......................................................................................... fluidized bed = 0.15. 

arch fired = 0.18 .............................................................................................. arch fired = 0.18. 

May 1, 2013 ......................................... wall fired = 0.10 ............................................................................................... wall fired = 0.17. 

tangential fired = 0.10 ...................................................................................... tangential fired = 0.15. 

cyclone = 0.10 ................................................................................................. cyclone = 0.15. 

fluidized bed = 0.10 ......................................................................................... fluidized bed =0.10. 

arch fired = 0.18 .............................................................................................. arch fired = 0.18. 

The emission limits for 2009 reflect 

NOX controls which can be installed 

within the intervening timeframe 

including combustion modifications 

and selective non-catalytic reduction 

systems. The final 2013 compliance date 

reflects the timing necessary for 

anticipated installations of selective 

catalytic reduction systems. The phased 

approach is also consistent with 

operating generating units on a systemwide basis and utilization of a multifacility averaging program. In this 

manner, the phased emission limits set 

forth a RACT level of NOX control 

across utilities boilers on a schedule 

which is expeditious as practicable. 

Since the RACT emission limits are 

implemented on a schedule which is as 

expeditious as practicable the proposed 

phasing of electric utility boiler 

emission limits is acceptable. 

NR 428.23 ‘‘Demonstrating 

compliance with emission limitations’’ 

requires most sources subject to 

emission limitations to demonstrate 

compliance using continuous emissions 

monitoring. For electric generating unit 

sources this monitoring is based on 40 

CFR part 75 methods, and for industrial 

sources monitoring is based on 40 CFR 

part 60 methods. For a few source 

categories with low variability in 

operations or emission rates, 

compliance is demonstrated by periodic 

stack testing. The emission monitoring 

requirements are consistent with 

existing State and EPA programs. The 

rule will also allow a source to request 

approval of an alternative monitoring 

method. Any alternative monitoring 

method must be approved by both 

WDNR and EPA. These compliance 

methods are acceptable. 

NR 428.24 ‘‘Record keeping and 

reporting’’ requires all affected unit 

owners and operators to maintain 

records and submit reports to the 

WDNR. These records and reports will 

be used to determine compliance, 

instances of noncompliance and also to 

determine if exempt units continue to 

remain exempt by staying below 

specific thresholds. These provisions 

are acceptable. 

NR 428.25 ‘‘Alternative compliance 

methods and approaches’’ provides 

affected units with several compliance 

options: 

1. Emissions from one or more units 

subject to a RACT emission limitation may be 

averaged with other similar units at an 

affected facility. Except for ‘‘new units’’, 

which are excluded from averaging, all 

similar units, both RACT and non-RACT 

affected units, at a facility must be included 

in the averaging program. This is to eliminate 

a potential shift in generation/production to 

any unit not subject to the RACT 

requirements. 

2. Emissions averaging applies the current 

applicable emission limit of each unit on a 

heat input weighted basis to determine an 

average facility or system emission limit. 

EPA requires that averaging programs like the 

system averaging in the rule have an 

additional emission reduction applied to the 

facility or system emission limit as an 

environmental benefit in lieu of the provided 

flexibility. (See Improving Air Quality with 

Economic Incentive Programs, EPA–452/R– 

01–001, Jan. 2001.) Under facility averaging, 

the environmental benefit is the 

implementation of an annual and ozone 

season mass cap. 

3. Emissions units may participate in an 

emission averaging program across multiple 

units and facilities. Each unit can only 

participate in one type of averaging program 

on an annual basis (facility or system-wide). 

The environmental benefit is the EPA default 


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of 10% reduction in the emission rate on an 

annual and an ozone season basis. 

4. An individual source may request an 

alternative emission limitation or compliance 

schedule, with a determination made on a 

case-by-case basis by the WDNR. An 

alternative emission limit may be the result 

of an engineering assessment that 

demonstrates RACT controls are not 

economically or technically feasible for that 

unit. Any determination of an alternative 

limit or schedule must also account for a 

unit’s ability to participate in either a facility 

or system-wide emissions averaging program. 

These alternative RACT determinations must 

also have written EPA approval. 

As mentioned above, these alternative 

compliance methods must meet the 

requirements found in EPA’s Economic 

Incentive Policy or guidance (Improving 

Air Quality with Economic Incentive 

Programs, EPA–452/R–01–001, Jan. 

2001). 

Rule 428.25(3) allows sources that are 

subject to CAIR under 40 CFR Part 97 

to demonstrate compliance with NOX

RACT requirements by complying with 

CAIR requirements. EPA is not acting on 

this portion of Wisconsin’s rules. At the 

time these rules were adopted, EPA 

guidance allowed approval of these 

provisions. On December 23, 2008, the 

D.C. Circuit Court remanded CAIR to 

the EPA. Until EPA issues a 

replacement rule for CAIR, EPA cannot 

approve any NOX RACT rules making a 

claim of ‘‘CAIR equals RACT.’’ Once a 

replacement rule for CAIR is issued, 

EPA can revisit the ‘‘CAIR equals RACT’’ 

provisions and evaluate them for 

approvability. 

NR 428.26 ‘‘Utility reliability waiver ’’ 

contains a provision that allows an 

electric or steam utility or natural gas 

transmission facility to request a waiver 

from an applicable emission limit for a 

period of time due to reliability issues. 

This provision acknowledges that these 

facilities serve non-interruptible 

customers and uncontrollable events 

may occur which result in an increase 

in emissions. Facilities generating steam 

for process and manufacturing purposes 

are not eligible for the waiver. 

Non-RACT Portion of June 12, 2007 and 

September 14, 2009 Submittals 

A number of NOX regulations were 

approved into the Wisconsin SIP on 

November 13, 2001 (66 FR 56931). They 

were approved as part of fulfilling the 

reasonable further progress 

requirements for the Milwaukee-Racine 

and Sheboygan County 1-hour ozone 

nonattainment areas. Proposed changes 

to these ‘‘non-RACT’’ portions of ch. NR 

428 are as follows. 

NR 428.02 ‘‘Definitions’’ adds the 

definition of ‘‘process heater,’’ rule NR 

428.02(7e). This addition is acceptable. 

NR 428.04(2)(h)1. and 2., 

428.05(3)(e)1. to 4, have been corrected 

to use the units of ‘‘grams per brake 

horsepower-hour’’ from ‘‘grams per 

brake horsepower.’’ These corrections 

are acceptable. 

The revision avoids triggering new 

source NOX limits under ch. NR 428.04 

when the modification is made solely to 

comply with existing source NOX

control requirements under rules NR 

428.05 or 428.22. This modification 

does not alter the original intended 

emission limitation of the rule and 

therefore is acceptable. 

The revisions make a number of 

clarifications and simplifications to the 

monitoring and reporting requirements 

under 428.23(1)(b)1., 428.23(1)(b)9, and 

428.24(1)(b)(intro.). These changes are 

not substantive in nature nor do they 

eliminate dual requirements. Therefore 

these modifications are acceptable. 

The applicability statement in rule NR 

428.05(1) is being revised to remove the 

reference to ‘‘modified’’ sources. The use 

of the term ‘‘modified’’ in this case 

identified a source modified before 

February 1, 2001 as an existing source. 

Some inferred this meant a source 

existing prior to that date but modified 

afterwards is not subject to an emission 

limit. The applicability language is 

altered to clearly identify units subject 

to an existing source emission 

limitation. This correction is acceptable. 

IV. Proposed Action 

EPA is proposing to approve revisions 

to the Wisconsin SIP submitted on June 

12, 2007 and September 14, 2009. These 

revisions incorporate provisions related 

to the implementation of NOX RACT for 

major sources in the Milwaukee-Racine 

and Sheboygan ozone nonattainment 

areas. The only rule that EPA is not 

acting on in the Wisconsin submittals is 

the ‘‘CAIR equals RACT’’ provision 

found in 428.25(3). This rule is 

separable from the rest of the NOX

RACT rules and the rest of the submittal 

will not be affected if this rule is not 

acted on. 

The SIP revisions that EPA is 

proposing to approve address the 

requirements found in section 182(f) of 

the CAA. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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. 

List of Subjects in 40 CFR part 52 

Environmental protection, Air 

pollution control, Electric utilities, 

Intergovernmental relations, Nitrogen 

oxides, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 


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14122 Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Proposed Rules 

Dated: March 11, 2010. 

Walter W. Kovalick, Jr., 

Acting Regional Administrator, Region 5. 

[FR Doc. 2010–6519 Filed 3–23–10; 8:45 am] 

BILLING CODE 6560–50–P 


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