46960 Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0501; FRL9699–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Forest County Potawatomi 

Community Reservation Class I Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving procedures 

for permitting certain sources in relation 

to the Forest County Potawatomi 

Community (FCP Community) Class I 

Area into the Wisconsin State 

Implementation Plan (SIP). These 

provisions were submitted by the 

Wisconsin Department of Natural 

Resources (WDNR) on May 12, 2011. 

The provisions include the regulation of 

certain sources constructing near the 

FCP Community Class I Area, as well as 

procedures for the FCP Community’s 

demonstration regarding a source that 

may have an adverse impact on the 

Class I Area. The provisions implement 

portions of a Memorandum of 

Agreement (MOA) entered into by 

Wisconsin and the FCP Community as 

part of a dispute resolution related to 

the Class I Area redesignation. 

DATES: This final rule is effective on 

September 6, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2011–0501. 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 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), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–8781, 

marcus.danny@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 by this 

document? 

II. What sections of Wisconsin’s rules are 

we approving? 

III. What comments did we receive on the 

proposed rule? 

IV. What action is EPA taking? 

V. Statutory and executive order reviews. 

I. What Is Being Addressed by This 

Document? 

On April 5, 2012, at 77 FR 20575, EPA 

proposed to approve regulatory 

revisions that Wisconsin submitted for 

EPA’s approval which include defining 

the geographic center of the FCP 

Community Class I Area for purposes of 

air quality management; provisions 

which require proposed new major 

sources or major modifications of 

existing sources locating within 22.25 

miles of the geographic center of the 

FCP Community Class I Area to conduct 

a Class I increment analysis; and 

provisions which would require 

proposed new major sources or major 

modifications of existing sources 

locating outside 22.25 miles of the 

geographic center of the FCP 

Community Class I Area to conduct a 

Class II increment analysis. The rules 

also include procedures for the FCP 

Community to coordinate with the State 

regarding comments on sources 

potentially impacting the Class I Area 

and to make a demonstration to the 

State that a proposed source may have 

an adverse effect on Air Quality Related 

Values(AQRVs). Finally, the rules 

provide the FCP Community with the 

opportunity to review certain best 

available control technology (BACT) 

and maximum achievable control 

technology (MACT) determinations 

made by the State, and provide a 

dispute resolution mechanism for 

resolving disagreements regarding those 

BACT or MACT determinations. 

The changes to the Wisconsin SIP 

implement portions of an MOA signed 

by Wisconsin and the FCP Community 

in 1999. This MOA was part of a dispute 

resolution process related to the FCP 

Community Class I Area redesignation 

in 2008. For additional background 

information on the Class I Area 

redesignation, see 73 FR 23086, April 

29, 2008, and 77 FR 20575, April 5, 

2012. 

II. What sections of Wisconsin’s rules 

are we approving? 

EPA is approving revisions to 

chapters NR 400, 405, and 406 of the 

Wisconsin Administration Code into the 

Wisconsin SIP. Specifically, we are 

approving NR 400.02(66m), 405.19 and 

406.08(4). The revisions include adding 

a definition for the geographic center of 

the FCP Community, as well as 

establishing the distance from this 

center point at which a major source or 

major modification would be required to 

comply with regulations regarding 

impacts to the Class I Area, including a 

Class I increment analysis and 

consumption limits. Additionally, the 

provisions establish procedures for the 

FCP Community to have opportunities 

to review BACT and MACT 

determinations and to demonstrate that 

impacts from a new source would have 

an adverse impact on AQRV’s of the 

FCP Community Class I Area. 

III. What comments did we receive on 

the proposed rule? 

EPA provided a 30-day review and 

comment period. The comment period 

closed on May 7, 2012. EPA received 

comments in support of the proposed 

approval from the FCP Community. EPA 

received no adverse comments on the 

proposed rule. 

IV. What action is EPA taking? 

In today’s action, EPA is approving 

NR 400.02(66m), 405.19 and 406.08(4) 

into the Wisconsin SIP relating to 

permitting for certain sources with the 

potential to impact the FCP Community 

Class I Area. As explained above, and at 

77 FR 20575, the provisions will affect 

permitting for those sources 

constructing within a certain distance to 

the FCP Community as well as any 

source with the potential to have an 

adverse impact on the increment or 

AQRVs associated with the FCP 

Community’s Class I Area. This action 

does not affect any permitting within 

the FCP Community’s reservation and 

EPA remains the federal permitting 

authority for the FCP Community’s 

reservation. 

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 Clean Air 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 


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Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations 46961 

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. In May 2011, EPA issued its 

policy on consultation and coordination 

with Indian tribes. EPA explained that 

its policy is to consult on a governmentto-government basis with Federally 

recognized tribal governments when 

EPA actions and decisions may affect 

tribal interests. Accordingly, EPA 

engaged in consultation with the FCP 

Community regarding the Wisconsin 

proposed SIP revisions. This process is 

further described in 77 FR 20575, 

20577. 

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 October 9, 2012. 

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: June 27, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart YY—Wisconsin 

■ 2. Section 52.2570 is amended by 

adding paragraph (c)(125) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(125) On May 12, 2011, the Wisconsin 

Department of Natural Resources 

submitted a request to revise the State 

Implementation Plan regarding 

procedures for permitting certain 

sources in relation to the Forest County 

Potawatomi Community Class I Area. 

(i) Incorporation by reference. The 

following sections of the Wisconsin 

Administrative Code are incorporated 

by reference: 

(A) NR 400.02 Definitions. NR 

400.02(66m) ‘‘Forest County 

Potawatomi Community Class I area’’ or 

‘‘FCPC Class I area’’ as published in the 

Wisconsin Administrative Register 

November 2010, No. 659, effective 

December 1, 2010. 

(B) NR 405.19 Forest County 

Potawatomi Class I area, as published in 

the Wisconsin Administrative Register 

November 2010, No. 659, effective 

December 1, 2010. 

(C) NR 406.08 Action on permit 

applications. NR 406.08(4)(a) and (4)(b) 

as published in the Wisconsin 

Administrative Register November 2010, 

No. 659, effective December 1, 2010. 

* * * * * 

[FR Doc. 2012–19138 Filed 8–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0695; FRL–9689–8] 

Approval and Promulgation of 

Implementation Plans; Wisconsin; 

Volatile Organic Compound Emission 

Control Measures for Milwaukee and 

Sheboygan Ozone Nonattainment 

Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving, under the 

Clean Air Act (the Act), revisions to the 

Wisconsin State Implementation Plan 

(SIP) submitted on September 1, 2009, 

November 16, 2011, and January 26, 

2012. The purpose of these revisions is 

to satisfy the Act’s requirement that 

states revise their SIPs to include 

Reasonably Available Control 

Technology (RACT) for sources of 

Volatile Organic Compound (VOC) 

emissions in moderate ozone 

nonattainment areas. Wisconsin’s VOC 

rules provide RACT requirements for 

the Milwaukee-Racine and Sheboygan 

1997 8-hour ozone nonattainment areas. 

These rules are approvable because they 

are consistent with the Control 

Technique Guideline (CTG) documents 

issued by EPA in 2006 and 2007 and 

satisfy the RACT requirements of the 

Act. EPA proposed this rule for 


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