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[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Rules and Regulations]
[Pages 17865-17868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7968]

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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.

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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:

I. What is the background for this action?
II. What is EPA's analysis of the revision?
III. What are the environmental effects of this action?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. 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 PM2.5 standard. 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 PM10 standard 
remains in place.

II. 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 PM2.5 ambient air quality standards to its rules to 
be consistent with current Federal standards. Wisconsin also removed 
the annual PM10 standard.
    The revisions made by Wisconsin are in accordance with the current 
Federal PM2.5 and PM10 standards. 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.

III. What are the environmental effects of this action?

    This action incorporates the Federal PM2.5 and 
PM10 ambient 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 PM10 standards and adds the 
PM2.5 standards 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.

IV. 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 PM10 standard, 
added the definition of PM2.5, and added the 2006 
PM2.5 standards. 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

[[Page 17867]]

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.

V. 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 
(PM10 and 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,

[[Page 17868]]

on September 30, 2009, No. 645, effective October 1, 2009.
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[FR Doc. 2010-7968 Filed 4-7-10; 8:45 am]
BILLING CODE 6560-50-P
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