46520 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2008–0402; FRL–9834–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Permit Exemption Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the Wisconsin State Implementation 

Plan (SIP) submitted by the Wisconsin 

Department of Natural Resources 

(WDNR) on April 23, 2008. WDNR 

submitted revisions exempting certain 

sources of air pollution from 

construction permit requirements. EPA 

is approving these revisions because 

they are consistent with Federal 

regulations governing state permit 

programs. 

DATES: This final rule is effective on 

September 3, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2008–0402. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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. 

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 through 

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 Andrea 

Morgan, Environmental Engineer, at 

(312) 353–6058 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Morgan, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6058, 

morgan.andrea@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: 

I. What is being addressed in this document? 

II. What comments did we receive on the 

proposed rule? 

III. What action is EPA taking? 

IV. Statutory and executive order reviews. 

I. What is being addressed in this 

document? 

On May 15, 2013, at 78 FR 28547, 

EPA proposed to approve a SIP revision 

from Wisconsin exempting certain 

sources of air pollution from the 

requirement to obtain a construction 

permit. Sources with actual emissions of 

under 10 tons per year (tpy) of each 

criteria pollutant, particulate matter of 

10 micrometers or less, sulfur dioxide, 

nitrogen oxides, carbon monoxide and 

volatile organic compounds, and less 

than 0.5 tpy of lead, and that are not 

subject to Federal air pollution 

requirements for hazardous air 

pollutants under section 111 or 112 of 

the Clean Air Act (Act) will be eligible 

for the exemption. The revisions will 

also exempt construction or 

modification projects that emit less than 

1,666 pounds of criteria pollutants per 

month, averaged over a 12 consecutive 

month period, and less than 10 pounds 

of lead per month, averaged over a 12 

consecutive month period from 

construction permitting requirements. 

EPA believes that the revisions to 

Wisconsin’s SIP meet Federal 

requirements and will not interfere with 

attainment or reasonable further 

progress. As set forth in the proposed 

rule, this SIP revision satisfies the antibacksliding provisions of section 110(l) 

of the Act. 

II. What comments did we receive on 

the proposed rule? 

EPA provided a 30-day review and 

comment period. The comment period 

closed on June 14, 2013. EPA received 

one comment supporting EPA’s 

approval of these revisions. EPA 

received no adverse comments. 

III. What action is EPA taking? 

EPA is approving Wisconsin’s April 

23, 2008, SIP submittal and March 25, 

2013 supplement to the submittal. 

Specifically, EPA is approving the 

following revisions to WDNR’s SIP: (1) 

Renumber and create NR 406.02(1) and 

406.04(4)(h); (2) create NR 406.04(1)(zh), 

NR 406.04(1q), NR 406.04(4)(i), NR 

407.03(1m), and NR 410.03(1)(f); and (3) 

amend NR 410.03(1)(d). Wisconsin’s 

submittal originally contained revisions 

to NR 407, which pertain to operation 

permit requirements. However, in the 

March 25, 2013, supplement to the 

submittal, Wisconsin withdrew the NR 

407 revisions from the submittal. 

IV. Statutory and Executive Order 

Reviews 

Under the 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 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 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. 

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Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations 46521 

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 Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 30, 2013. 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. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 2, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.2570 is amended by 

adding paragraph (c)(127) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(127) On April 23, 2008 and March 

25, 2013, the Wisconsin Department of 

Natural Resources submitted a request 

to revise Wisconsin’s air permitting 

program to exempt certain small sources 

of air pollution from construction 

permitting requirements. 

(i) Incorporation by reference. 

(A) Wisconsin Administrative Code, 

NR 406.02 Definitions. NR 406.02(1) 

‘‘Clean fuel’’, and NR 406.02(1m) 

‘‘Facility’’, as published in the 

Wisconsin Administrative Register May 

2007, No. 617, effective June 01, 2007. 

(B) Wisconsin Administrative Code, 

NR 406.04 Direct sources exempt from 

construction permit requirements. NR 

406.04(1)(zh), NR 406.04(1q), NR 

406.04(4)(h), NR 406.04(4)(i), and NR 

406.04(4)(j), as published in the 

Wisconsin Administrative Register May 

2007, No. 617, effective June 01, 2007. 

(C) Wisconsin Administrative Code, 

NR 410.03 Application fee. NR 

410.03(1)(d), and NR 410.03(1)(f), as 

published in the Wisconsin 

Administrative Register May 2007, No. 

617, effective June 1, 2007. 

[FR Doc. 2013–18417 Filed 7–31–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0659; FRL–9840–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Colorado; Second 10-Year Carbon 

Monoxide Maintenance Plan for 

Colorado Springs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Colorado. On 

March 31, 2010, the Governor of 

Colorado’s designee submitted to EPA a 

Clean Air Act (CAA) section 175A(b) 

second 10-year maintenance plan for the 

Colorado Springs area for the carbon 

monoxide (CO) National Ambient Air 

Quality Standard (NAAQS). This 

limited maintenance plan (LMP) 

addresses maintenance of the CO 

NAAQS for a second 10-year period 

beyond the original redesignation. This 

action is being taken under sections 110 

and 175A of the CAA. 

DATES: This rule is effective on 

September 30, 2013 without further 

notice, unless EPA receives adverse 

comment by September 3, 2013. If 

adverse comment is 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–R08– 

OAR–2011–0659, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: clark.adam@epa.gov 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Carl Daly, Director, Air 

Program, EPA, Region 8, Mailcode 

8P–AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Carl Daly, Director, 

Air Program, EPA, Region 8, Mailcode 

8P–AR, 1595 Wynkoop, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2011– 

0659. 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 email. 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 email comment directly 

to EPA, without going through http:// 

www.regulations.gov, your email 

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 

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