Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

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###### Environmental Protection Agency

          - 40 CFR Part 52 
          - [R05-OAR-2004-WI-0001; FRL-7829-5] 

# AGENCY:

Environmental Protection Agency (EPA). 

# ACTION:

Proposed rule. 

# SUMMARY:

                        The EPA is proposing to approve revisions to Wisconsin's State Implementation Plan (SIP) regarding the control of nitrogen oxide (NOX) emissions. On August 29, 2003, the EPA published a final rulemaking approving the emission averaging program for existing sources subject to the state's rule limiting NOX                         emissions in southeast Wisconsin. By its submittal dated May 25, 2004, the Wisconsin Department of Natural Resources requested that EPA approve modifications to existing requirements regarding the control of NOX                         emissions in the Wisconsin SIP. The SIP revisions modify language to clarify which sources are eligible to participate in the NOX                         emission averaging program. In addition, the revision creates a separate categorical emission limit for new combustion turbines burning biologically derived gaseous fuels. The request is approvable because it meets the requirements of the Clean Air Act. Wisconsin held a public hearing on the submittal on August 6, 2003.                     

                        In the final rules section of this                         **Federal Register**                        , EPA is approving the SIP revision as a direct final rule without prior proposal, because EPA views this as a noncontroversial revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this proposed rule, no further activity is contemplated in relation to this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and address all public comments received in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time.                     

# DATES:

Written comments must be received on or before December 10, 2004. 

# ADDRESSES:

Submit comments, identified by Regional Material in EDocket ID No. R05-OAR-2004-WI-0001 by one of the following methods: 

*Federal eRulemaking Portal: http://www.regulations.gov.*                         Follow the on-line instructions for submitting comments.                     

*Agency Web site: http://docket.epa.gov/​rmepub/​index.jsp*                         material in Edocket(RME), EPA's electronic public docket and connect system, is EPA's preferred method for receiving comments. Once in the system, select “quick search” then key in the appropriate RME Docket identification number. Follow the on-line instructions for submitting comments.                     

*E-mail: bortzer.jay@epa.gov.*

*Fax:*                         (312) 886-5824.                     

*Mail:*                         You may send written comments to: J. Elmer Bortzer, Chief, Air Programs Branch, (AR-18J), Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.                     

*Hand delivery:*                         Deliver your comments to: J. Elmer Bortzer, Chief, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604.  Such deliveries are only accepted during the Regional Office's normal hours of operation, which are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.                     

*Instructions:*                         Direct your comments to the appropriate rulemaking by including in the text “Public comment on the proposed rulemaking Region 5 in Regional Material in EDocket ID No. R05-OAR-2004-WI-0001” in the subject line on the first page of your comment. EPA's policy is that all comments received will be included in the public docket without change, 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 Regional Material in Edocket, regulations.gov, or e-mail. The EPA RME Web site and the Federal regulations.gov Web site are “anonymous access” systems, 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 RME or 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. For additional instructions on submitting comments, go to Section I of the                         **SUPPLEMENTARY INFORMATION**                         section of this document.                     

*Docket:*                         All documents in the electronic docket are listed in the Regional Material in Edocket (RME) index at                         *http://www.epa.gov/​edocket.*                         Although listed in the index, some information is not publicly available,                         *i.e.*, Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Publicly available docket materials are available either electronically in RME or in hard copy at Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (We recommend that you telephone Charles Hatten, Environmental Engineer, at (312) 886-6031 before visiting the                               ( print page 65118)                            Region 5 office.) This Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.                     

# FOR FURTHER INFORMATION CONTACT:

                        Charles Hatten, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6031.                         *hatten.charles@epa.gov.*

# SUPPLEMENTARY INFORMATION:

## I. General Information 

### A. Does This Action Apply to Me? 

                    This action is rulemaking on two revisions to the Wisconsin SIP for the control of NOX                     emissions from stationary sources as required by rule NR 428. The rule applies to existing sources in eight of the counties in the Milwaukee-Racine ozone nonattainment area (Kenosha, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha counties), and to new sources in six of the eight counties (Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha).                 

                    One revision modifies language to clarify which units are eligible for demonstrating compliance through emissions averaging. The emissions averaging provisions apply only to existing electric utility boilers in the Milwaukee-Racine ozone nonattainment area (Kenosha, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha counties). The second revision creates a separate NOX                     categorical emission limit for newly installed combustion turbines burning biologically derived gaseous fuel. Sources affected by the new categorical NOX                     limit are landfill operations, wastewater treatment plants and digester facilities specifically designed to generate gaseous fuel. The new NOX                     categorical limit for newly installed combustion turbines burning biologically derived fuel applies only to new sources located in Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha counties in southeastern Wisconsin. The revisions have been adopted into the State administrative code and became effective on January 1, 2004.                 

### B. What Should I Consider as I Prepare My Comments for EPA? 

                    1.                     *Submitting CBI.*                     Do not submit this information to EPA through EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.                 

                    2.                     *Tips for Preparing Your Comments.*                     When submitting comments, remember to:                 

a. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). 

b. Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. 

c. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. 

d. Describe any assumptions and provide any technical information and/or data that you used. 

e. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. 

f. Provide specific examples to illustrate your concerns, and suggest alternatives. 

g. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. 

h. Make sure to submit your comments by the comment period deadline identified. 

## II. Additional Information 

                    For additional information, see the Direct Final Rule which is located in the Rules section of this                     **Federal Register**                    . Copies of the request and the EPA's analysis are available electronically at Regional Materials in Edocket (RME) or in hard copy at the above address. (Please telephone Charles Hatten at (312) 886-6031 before visiting the Region 5 Office.)                 

Dated: October 8, 2004. 

Norman Neidergang, 

Acting Regional Administrator, Region 5. 

[FR Doc. 04-24915 Filed 11-9-04; 8:45 am] 

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