[Federal Register Volume 72, Number 76 (Friday, April 20, 2007)]
[Proposed Rules]
[Pages 19829-19834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7541]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0609; FRL-8302-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; NSR Reform Regulations, Rule AM-06-04

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve certain revisions to Wisconsin's 
prevention of significant deterioration (PSD) and non-attainment new 
source review (NSR) construction permit programs submitted on May 25, 
2006. On December 31, 2002, EPA published revisions to the federal PSD 
and non-attainment NSR regulations. These revisions are commonly 
referred to as ``NSR Reform'' regulations, which became effective on 
March 3, 2003. These regulatory revisions include provisions for 
determining baseline actual emissions, provisions for promulgating 
actual-to-future actual methodology, provisions for establishing 
Plantwide Applicability Limits (PALs), provisions for using the Clean 
Unit test, and, provisions for using Pollution Control Projects (PCP).
    On June 24, 2005, the United States Court of Appeals for the 
District of Columbia Circuit (DC Circuit Court) issued its ruling on 
challenges to the December 2002 NSR reform revisions. Although the 
Court upheld most of EPA's rules, it vacated both the Clean Unit and 
the PCP provisions. In addition, the Court remanded to EPA the 
provision that requires recordkeeping and reporting for sources that 
elect to use the actual-to-projected actual emission test only where 
there is a reasonable possibility that a project may result in a 
significant net emissions increase. EPA is currently working on 
promulgating a rule that will clarify the reasonable possibility 
provision. EPA's final decision with regard to the remand may require 
Wisconsin to revise this portion of its rules to be consistent with 
EPA's definition of reasonable possibility. The Wisconsin Department of 
Natural Resources (WDNR) is seeking approval of rule AM-06-04 to 
implement the NSR Reform provisions that have not been vacated by the 
June 24, 2005, DC Circuit Court decision. This action affects major 
stationary sources in Wisconsin that are subject to or potentially 
subject to the PSD, and non-attainment NSR construction permit 
programs.

DATES: Comments must be received on or before May 21, 2007.

[[Page 19830]]


ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0609, by one of the following methods:
    <bullet> www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#cba9a7aaa0a7aeb2e5bbaaa6aea7aa8baebbaae5aca4bd"><span class="__cf_email__" data-cfemail="791b151812151c00570918141c1518391c0918571e160f">[email protected]</span></a>.
    <bullet> Fax: (312)886-5824.
    <bullet> Mail: Pamela Blakley, Chief, Air Permits Section, Air 
Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
    <bullet> Hand Delivery: Pamela Blakley, Chief, Air Permits 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-
2006-0609. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or e-mail. 
The 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 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. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure 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 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 legal holidays. We 
recommend that you telephone Danny Marcus, Environmental Engineer, at 
(312) 353-8781 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Danny Marcus, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-8781, <a href="/cdn-cgi/l/email-protection#573a362534222479333639392e1732273679303821"><span class="__cf_email__" data-cfemail="fc919d8e9f898fd2989d929285bc998c9dd29b938a">[email protected]</span></a>.

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 Should I Consider as I Prepare My Comments for EPA?
II. What Is Being Addressed in This Document?
III. What Are the Changes That EPA Is Proposing To Approve?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews

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

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What Is Being Addressed in This Document?

    We are proposing to approve rule AM-06-04 as a revision to the PSD 
and non-attainment NSR construction permit programs for the State of 
Wisconsin. EPA granted full approval to Wisconsin's non-attainment NSR 
program on January 18, 1995 (60 FR 3538) and the approval became 
effective on February 17, 1995. EPA granted final full approval to 
Wisconsin's PSD program on May 27, 1999 (64 FR 28745), which became 
effective on June 28, 1999.
    On December 31, 2002, EPA published revisions to the federal PSD 
and non-attainment NSR regulations in 40 CFR Parts 51 and 52 (67 FR 
80186). These revisions are commonly referred to as ``NSR Reform'' 
regulations and became effective on March 3, 2003. These regulatory 
revisions included provisions for determining baseline actual 
emissions, provisions for promulgating actual-to-future actual 
methodology, provisions for establishing Plantwide Applicability Limits 
(PALs), provisions for using the Clean Unit test, and, provisions for 
using Pollution Control Projects (PCP). As stated in the December 31, 
2002, EPA rulemaking, state and local permitting agencies must adopt 
and submit revisions to their part 51 permitting programs implementing 
the minimum program elements of that rulemaking no later than January 
2, 2006 (67 FR 80240). With this submittal, Wisconsin requests approval 
of program revisions that satisfy this requirement.
    WDNR originally prepared rule changes to adopt a version of the 
federal rule revisions which were subsequently authorized by the 
Wisconsin Natural Resources Board for public hearing in December 2003. 
After the DC Circuit Court ruled on the challenges of the federal NSR 
changes, WDNR moved forward to adopt those portions of the reform rules 
that the Court upheld and clarify those portions that the Court 
remanded back to EPA. WDNR submitted these regulatory revisions on May 
22, 2006.

[[Page 19831]]

III. What Are the Changes That EPA Is Proposing To Approve?

Chapter NR 405--PSD rules

Section 1

NR 405.01(1) and (2)
    WDNR has amended the language for ``applicability'' and ``purpose'' 
to be more consistent with the language of the federal rule in Sec.  
51.166(a)(7)(i) and (ii), respectively, of the federal rule.

Section 2

NR 405.02(1)(Intro) and (a) to (c)
    WDNR has amended the definition of ``actual emissions'' so that it 
is more consistent with Sec.  51.166(b)(21)(i) of the federal rule.

Section 3

NR 405.02(1)(d)
    WDNR has rescinded section NR 405.02(1)(d), which is the portion of 
the definition of ``actual emissions'' that discussed actual emissions 
from electric utility steam generating units. The new provision under 
the definition of ``Baseline actual emissions'', under section NR 
405.02(2m)(b) addresses the average rate of emissions per year from 
existing electric utility steam generating units. This is consistent 
with Sec.  51.166(b)(47)(i) of the federal rule.

Section 4

NR 405.02(2m)
    WDNR has established the definition of ``baseline actual 
emissions''. This is consistent with the definition in Sec.  
51.166(b)(47) of the federal rule.

Section 5

NR 405.02(8) and (11)
    WDNR has amended the definition of ``Building, structure, facility, 
or installation'' to reflect its use of the phrase ``regulated NSR 
contaminant'' to replace ``air contaminant.'' WDNR has amended the 
definition of ``construction'' so that it is more consistent with the 
definition in Sec.  51.166(b)(8) of the federal rule.

Section 6

NR 405.02(11c), (11e) and (11j)
    WDNR has established the definitions of; ``Continuous emissions 
monitoring system'' (CEMS), ``Continuous emissions rate monitoring 
system'' (CERMS), and ``Continuous parameter monitoring system'' 
(CPMS). These definitions are consistent with Sec.  51.166(b)(43), (46) 
and (45), respectively, of the federal rule.

Section 7

NR 405.02(12)
    WDNR has established the definition of ``emissions unit''. This is 
consistent with the definition in Sec.  51.166(b)(7) of the federal 
rule.

Section 8

NR 405.02(20m)
    WDNR has established the definition of ``Lowest Achievable Emission 
Rate'' or ``LAER''. This is consistent with the definition in Sec.  
51.166(b)(52) of the federal rule.

Section 9

NR 405.02(21) and (24)
    WDNR has modified the definitions of ``Major modification'' and 
``Net emissions increase'' to be more consistent with Sec.  
51.166(b)(2) and (b)(3), respectively, of the federal rule. WDNR has 
also added the language for ``routine maintenance, repair, and 
replacement'' under section NR 405.02(21), which makes the rule more 
consistent with Sec.  51.166(b)(2)(iii) of the federal rule.

Section 10

NR 405.02(24j)
    WDNR has established the definition of ``Plant-wide applicability 
limitation'' or ``PAL''. This is consistent with the definition in 
Sec.  51.166(w)(2)(v) of the federal rule.

Section 11

NR 405.02(24m)
    WDNR has rescinded section NR 405.02(24m), the definition of 
pollution control projects (PCPs). This provision was vacated by the 
D.C. Circuit Court. Therefore, WDNR is making its rules consistent with 
the Court's decision.

Section 12

NR 405.02(25b), (25d), (25e), (25f)(a) and (25i)
    WDNR has established the definitions of, ``Predictive emissions 
monitoring system (PEMS)'', ``PSD program'', ``Project'', ``Projected 
actual emissions'', and ``Regulated NSR air contaminant''. These 
definitions are consistent with Sec.  51.166(b)(44), (42), (51), (40), 
(49), respectively, of the federal rule.

Section 13

NR 405.02(27)(a)8., 17., and 18.
    WDNR has rescinded sections NR 405.02(27)(a)8, 17, and 18. The 
pollutants Mercury, Chlorofluorocarbons and Halons are not regulated by 
the federal PSD rules. This is consistent with Sec.  51.166(b)(23)(i) 
of the federal rule.

Section 14

NR 405.02(27m)
    WDNR has established the definition of ``significant emissions 
increase''. This is consistent with Sec.  51.166(b)(39) of the federal 
rule.

Section 15

NR 405.025
    WDNR has established a provision that provides a detailed 
explanation of calculating increases in actual emissions from (1) 
existing emission units, (2) new emission units, and (3) new and 
existing emission units. This provision addresses actual emissions and 
baseline actual emissions. This is consistent with the ``actual-to-
projected actual applicability test'' provisions that can be found at 
Sec.  51.166(a)(7)(iv)(c), (d), and (f) of the federal rule.

Section 16

NR 405.16(3) and (4)
    WDNR has added language regarding sources that choose to use the 
actual-to-projected actual applicability test and do not trigger PSD. 
WDNR specifies recordkeeping and reporting requirements for all sources 
that elect to use the applicability test. The federal rules require a 
source to follow the recordkeeping and reporting requirements in this 
section if there is a ``reasonable possibility'' that a source may 
exceed the projected actual emissions. The ``reasonable possibility'' 
clause of this provision of the federal rule was remanded to EPA in the 
June 24, 2005, DC Circuit Court ruling. State of New York et al. v. 
EPA, 413 F.3d 3 (DC Cir. 2005). At this time, EPA has not responded to 
the remand order and this provision remains a part of the federal rule. 
See 40 CFR 51.166(r)(6). As Wisconsin's requirement of recordkeeping 
and reporting for all facilities using the actual-to-projected actual 
applicability test is more stringent than the federal rule, we propose 
to approve this approach.

Section 17

NR 405.18 PALs in Attainment Areas
NR 405.18(1)
    This portion of 405.18 outlines the ``APPLICABILITY'' provision of 
PALs. This provision is consistent with Sec.  51.166(w)(1) of the 
federal rule.
NR 405.18(2)
    This section of 405.18 outlines the ``DEFINITIONS'' provision of 
PALs. The included definitions in this section are; ``Allowable 
emissions'', ``Major emissions unit'', ``PAL effective date'',

[[Page 19832]]

``PAL effective period'', ``PAL major modification'', ``PAL permit'', 
``PAL regulated air contaminant'', ``Significant emissions unit'', and 
``Small emissions unit''. This section is consistent with Sec.  
51.166(w)(2) of the federal rule.
NR 405.18(3)
    This section of 405.18 outlines the ``PERMIT APPLICATION 
REQUIREMENTS'' provision of PALs. This provision is consistent with 
Sec.  51.166(w)(3) of the federal rule.
NR 405.18(4)
    This section of 405.18 outlines the ``GENERAL REQUIREMENTS FOR 
ESTABLISHING PALS'' provision of PALs. This provision is consistent 
with Sec.  51.166(w)(4) of the federal rule.
NR 405.18(5)
    This section of 405.18 outlines the ``PUBLIC PARTICIPATION 
REQUIREMENTS FOR PALS'' provision of PALs. This provision is consistent 
with Sec.  51.166(w)(5) of the federal rule.
NR 405.18(6)
    This section of 405.18 outlines the ``SETTING THE 10-YEAR PAL 
LEVEL'' provision of PALs. This provision is consistent with Sec.  
51.166(w)(6) of the federal rule.
NR 405.18(7)
    This section of 405.18 outlines the ``CONTENTS OF THE PAL PERMIT'' 
provision of PALs. This provision is consistent with Sec.  51.166(w)(7) 
of the federal rule.
NR 405.18(8)
    This section of 405.18 outlines the ``PAL EFFECTIVE PERIOD AND 
REOPENING OF THE PAL PERMIT'' provision of PALs. This provision is 
consistent with Sec.  51.166(w)(8) of the federal rule.
NR 405.18(9)
    This section of 405.18 outlines the ``EXPIRATION OF A PAL'' 
provision of PALs. This provision is consistent with Sec.  51.166(w)(9) 
of the federal rule.
NR 405.18(10)
    This section of 405.18 outlines the ``RENEWAL OF A PAL'' provision 
of PALs. This provision is consistent with Sec.  51.166(w)(10) of the 
federal rule.
NR 405.18(11)
    This section of 405.18 outlines the ``INCREASING A PAL DURING THE 
PAL EFFECTIVE PERIOD'' provision of PALs. This provision is consistent 
with Sec.  51.166(w)(11) of the federal rule.
NR 405.18(12)
    This section of 405.18 outlines the ``MONITORING REQUIREMENTS FOR 
PALS'' provision of PALs. This provision is consistent with Sec.  
51.166(w)(12) of the federal rule.
NR 405.18(13)
    This section of 405.18 outlines the ``RECORDKEEPING REQUIREMENTS'' 
provision of PALs. This provision is consistent with Sec.  
51.166(w)(13) of the federal rule.
NR 405.18(14)
    This section of 405.18 outlines the ``REPORTING AND NOTIFICATION 
REQUIREMENTS'' provision of PALs. This provision is consistent with 
Sec.  51.166(w)(14) of the federal rule.
NR 405.18(15)
    This section of 405.18 outlines the ``TRANSITION REQUIREMENTS'' 
provision of PALs. This provision is consistent with Sec.  
51.166(w)(15) of the federal rule.

Chapter NR 408--Nonattainment Major NSR Program

Section 18

NR 408.02(1)
    WDNR has established the definition of ``Actual emissions''. This 
is consistent with the definition in Sec.  51.165(a)(1)(xii) of the 
federal rule.

Section 19

NR 408.02(2m)
    WDNR has established the definition of ``Baseline actual 
emissions''. This is consistent with the definition in Sec.  
51.165(a)(1)(xxxv) of the federal rule.

Section 20

NR 408.02(4), (5), and (11)
    WDNR has established the definitions of ``Best available control 
technology'' or ``BACT'', ``Building, structure, facility or 
installation'', and ``Construction''. These definitions are consistent 
with the definitions in Sec. Sec.  51.165(a)(1)(xl), 51.165(a)(1)(ii), 
and 51.165(a)(1)(xviii), respectively, of the federal rule.

Section 21

NR 408.02(11e), (11m) and (11s)
    WDNR has established the definitions of; ``Continuous emissions 
monitoring system'' or ``CEMS'', ``Continuous emissions rate monitoring 
system'' or ``CERMS'', and ``Continuous parameter monitoring system'' 
or ``CPMS''. These definitions are consistent with Sec.  
51.165(a)(1)(xxxi), (xxxiv) and (xxxiii), respectively, of the federal 
rule.

Section 22

NR 408.02(13)
    WDNR has established the definition of ``emissions unit''. This is 
consistent with the definition in Sec.  51.165(a)(1)(vii) of the 
federal rule.

Section 23

NR 408.02(13m)
    WDNR has established the definition of ``federal land manager''. 
This is consistent with the definition in Sec.  51.165(a)(1)(xlii) of 
the federal rule.

Section 24

NR 408.02(20)
    WDNR has established the definition of ``major modification''. This 
is consistent with the definition in Sec.  51.165(a)(1)(v) of the 
federal rule. WDNR has also added the language for ``routine 
maintenance, repair, and replacement'' under section NR 408.02(20), 
which makes the rule more consistent with Sec.  51.165(a)(1)(v)(C) of 
the federal rule.

Section 25

NR 408.02(21)(a)1.(Intro)
    WDNR has modified this paragraph so that ``air pollutants'' are now 
``air contaminants''. WDNR's rules are replacing ``pollutants'' with 
``contaminants'', and the criteria pollutants are referred to as; ``NSR 
air contaminants''.

Section 26

NR 408.02(23)
    WDNR has modified the definition of ``net emissions increase'' to 
be more consistent with Sec.  51.165(a)(1)(vi) of the federal rule.

Section 27

NR 408.02(24m) and (25s)
    WDNR has established the definitions for ``nonattainment major new 
source review'' and ``plant-wide applicability limitation''. These 
definitions are consistent with Sec. Sec.  51.165(a)(1)(xxx) and Sec.  
51.165(f)(2)(v), respectively, of the federal rule.

Section 28

NR 408.02(27)
    WDNR has rescinded the existing PCP provision, which is consistent 
with the federal rules.

Section 29

NR 408.02(28e), (28j), (28m), (28s)(a), (29m), and (32m)
    WDNR has established the definition of; ``predictive emissions 
monitoring

[[Page 19833]]

system'' or ``PEMS'', ``prevention of significant deterioration 
permit'' or ``PSD Permit'', ``project'', ``projected actual 
emissions'', ``regulated NSR air contaminant'', and ``significant 
emissions increase''. These definitions are consistent with Sec. Sec.  
51.165(a)(1)(xxxii), 51.165(a)(1)(xli), 51.165(a)(1)(xxxix), 
51.165(a)(1)(xxviii), 51.165(a)(1)(xxxvii), and 51.165(a)(1)(xxvii), 
respectively, of the federal rule. However, as a small deviation to 
note, WDNR has chosen to refer to an NSR pollutant as an NSR air 
contaminant.

Section 30

NR 408.025
    WDNR has established a provision that provides a detailed 
explanation of calculating increases in actual emissions from (1) 
existing emission units, (2) new emission units, and (3) new and 
existing emission units. This provision addresses actual emissions and 
baseline actual emissions. This is consistent with the ``actual-to-
projected actual applicability test'' provisions that can be found at 
Sec.  51.165(a)(2)(ii)(C), (D), and (F) of the federal rule.

Section 31

NR 408.06(10)
    WDNR has established this provision consistent with Sec.  
51.165(a)(3)(ii)(J) of the federal rule, regarding the total increase 
in emissions resulting from a major modification.

Section 32

NR 408.10(5) and (6)
    WDNR has added language regarding sources that choose to use the 
actual-to-projected actual applicability test and do not exceed the 
significance threshold for any pollutant regulated by chapter NR 408. 
WDNR specifies recordkeeping and reporting requirements for all sources 
that elect to use the applicability test. The federal rules require a 
source to follow the recordkeeping and reporting requirements in this 
section if there is a ``reasonable possibility'' that a source may 
exceed the projected actual emissions. The ``reasonable possibility'' 
clause of this provision of the federal rule has been remanded to EPA 
in the June 24, 2005, DC Circuit Court ruling. State of New York et al. 
v. EPA, 413 F.3d 3 (DC Cir. 2005). At this time, EPA has not responded 
to the remand order and this provision remains a part of the federal 
rule. See 40 CFR 51.165(a)(6). As Wisconsin's requirement of 
recordkeeping and reporting for all facilities using the actual-to-
projected actual applicability test is more stringent than the federal 
rule in that it applies to all sources and not just where there is a 
``reasonable possibility'' that the source may exceed the projected 
actual emissions, we propose to approve this approach.

Section 33

NR 408.11 PALs in Non-Attainment Areas
NR 408.11(1)
    This portion of 408.11 outlines the ``APPLICABILITY'' provision of 
PALs. This provision is consistent with Sec.  51.165(f)(1) of the 
federal rule.
NR 408.11(2)
    This section of 405.18 outlines the ``DEFINITIONS'' provision of 
PALs. The included definitions in this section are; ``allowable 
emissions'', ``major emissions unit'', ``PAL effective date'', ``PAL 
effective period'', ``PAL major modification'', ``PAL permit'', ``PAL 
regulated air contaminant'', ``significant emissions unit'', and 
``small emissions unit''. This section is consistent with Sec.  
51.165(f)(2) of the federal rule.
NR 408.11(3)
    This section of 408.11 outlines the ``PERMIT APPLICATION 
REQUIREMENTS'' provision of PALs. This provision is consistent with 
Sec.  51.165(f)(3) of the federal rule.
NR 408.11(4)
    This section of 408.11 outlines the ``GENERAL REQUIREMENTS FOR 
ESTABLISHING PALS'' provision of PALs. This provision is consistent 
with Sec.  51.165(f)(4) of the federal rule.
NR 408.11(5)
    This section of 408.11 outlines the ``PUBLIC PARTICIPATION 
REQUIREMENTS FOR PALS'' provision of PALs. This provision is consistent 
with Sec.  51.165(f)(5) of the federal rule.
NR 408.11(6)
    This section of 408.11 outlines the ``SETTING THE 10-YEAR PAL 
LEVEL'' provision of PALs. This provision is consistent with Sec.  
51.165(f)(6) of the federal rule.
NR 408.11(7)
    This section of 408.11 outlines the ``CONTENTS OF THE PAL PERMIT'' 
provision of PALs. This provision is consistent with Sec.  51.165(f)(7) 
of the federal rule.
NR 408.11(8)
    This section of 408.11 outlines the ``PAL EFFECTIVE PERIOD AND 
REOPENING OF THE PAL PERMIT'' provision of PALs. This provision is 
consistent with Sec.  51.165(f)(8) of the federal rule.
NR 408.11(9)
    This section of 408.11 outlines the ``EXPIRATION OF A PAL'' 
provision of PALs. This provision is consistent with Sec.  51.165(f)(9) 
of the federal rule.
NR 408.11(10)
    This section of 408.11 outlines the ``RENEWAL OF A PAL'' provision 
of PALs. This provision is consistent with Sec.  51.166(f)(10) of the 
federal rule.
NR 408.11(11)
    This section of 408.11 outlines the ``INCREASING A PAL DURING THE 
PAL EFFECTIVE PERIOD'' provision of PALs. This provision is consistent 
with Sec.  51.165(f)(11) of the federal rule.
NR 408.11(12)
    This section of 408.11 outlines the ``MONITORING REQUIREMENTS FOR 
PALS'' provision of PALs. This provision is consistent with Sec.  
51.165(f)(12) of the federal rule.
NR 408.11(13)
    This section of 408.11 outlines the ``RECORDKEEPING REQUIREMENTS'' 
provision of PALs. This provision is consistent with Sec.  
51.165(f)(13) of the federal rule.
NR 408.11(14)
    This section of 408.11 outlines the ``REPORTING AND NOTIFICATION 
REQUIREMENTS'' provision of PALs. This provision is consistent with 
Sec.  51.165(f)(14) of the federal rule.
NR 408.11(15)
    This section of 408.11 outlines the ``TRANSITION REQUIREMENTS'' 
provision of PALs. This provision is consistent with Sec.  
51.165(f)(15) of the federal rule.

Section 34

NR 484.04(21)
    This section is amended by WDNR so that the performance 
specifications in 40 CFR part 60, Appendix B, are incorporated by 
reference. Appendix B contains CEM performance specifications that are 
required by chapters NR 405 and NR 408. We propose to approve this 
provision into the SIP.

Section 35

NR 484.04(27m)
    This section was created by WDNR to incorporate by reference, 40 
CFR part 82, Subpart A, for the ozone depleting substance list that 
existed in the

[[Page 19834]]

Pollution Control Project provision that was in the original version of 
the rules. The Pollution Control Project provision has been vacated. 
However, this section will remain in the rules in case it is needed for 
reference in the future. We propose to approve this provision into the 
SIP.

Section 36

    This section states the date rule AM-06-04 becomes effective by 
WDNR. The date will be the first day of the month following publication 
in the Wisconsin administrative register. Also, WDNR will not publish 
the rule until EPA approves it.

Section 37

    This section contains the date the rule is approved to be adopted 
by the State of Wisconsin Natural Resources Board.

IV. What Action Is EPA Taking Today?

    EPA is proposing to approve into the Wisconsin State Implementation 
Plan (SIP) the revisions to WDNR's PSD and Non-attainment NSR 
construction permits program submitted by WDNR on May 25, 2006. These 
revisions meet the minimum program requirements of the December 31, 
2002, EPA NSR Reform rulemaking.

VI. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, September 30, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Paperwork Reduction Act

    This proposed rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

Regulatory Flexibility Act

    This proposed action merely proposes to approve state law as 
meeting federal requirements and imposes no additional requirements 
beyond those imposed by state law. Accordingly, the Administrator 
certifies that this proposed rule will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rule proposes to approve pre-existing requirements 
under state law and does not impose any additional enforceable duty 
beyond that required by state law, it 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).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely proposes to approve a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the federal government and Indian 
tribes, or on the distribution of power and responsibilities between 
the federal government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This proposed rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or is likely to have a significant adverse effect 
on the supply, distribution, or the use of energy, this action is also 
not subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001).

National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), 15 U.S.C. 272 note, requires federal agencies to 
use technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impractical. In 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. Absent a 
prior existing requirement for the state to use voluntary consensus 
standards, EPA has no authority to disapprove a SIP submission for 
failure to use such standards, and it would thus be inconsistent with 
applicable law for EPA to use voluntary consensus standards in place of 
a program submission that otherwise satisfies the provisions of the 
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA 
do not apply.

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: April 11, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
 [FR Doc. E7-7541 Filed 4-19-07; 8:45 am]
BILLING CODE 6560-50-P


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