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58542 Federal Register / Vol. 72, No.

199 / Tuesday, October 16, 2007 / Rules and Regulations

* * * * * i.e., Confidential Business Information season cap-and-trade programs. The SIP


[FR Doc. E7–20340 Filed 10–15–07; 8:45 am] (CBI) or other information whose revision provides a methodology for
BILLING CODE 6560–50–P disclosure is restricted by statute. allocating NOX allowances for the NOX
Certain other material, such as annual and NOX ozone season trading
copyrighted material, is not placed on programs, instead of the Federal
ENVIRONMENTAL PROTECTION the Internet and will be publicly allocation methodology otherwise
AGENCY available only in hard copy form. provided in the FIP. Consistent with the
Publicly available docket materials are flexibility provided in the FIP, these
40 CFR Parts 52 and 97 available either electronically through provisions will be used to replace or
[EPA–R05–OAR–2007–0405; FRL–8477–6] www.regulations.gov or in hard copy at supplement, as appropriate, the
the Environmental Protection Agency, corresponding provisions in the CAIR
Approval of Implementation Plans; Region 5, Air and Radiation Division, 77 FIP for Wisconsin. EPA is not making
Wisconsin; Clean Air Interstate Rule West Jackson Boulevard, Chicago, any changes to the CAIR FIP, but is, to
Illinois 60604. This facility is open from the extent EPA approves Wisconsin’s
AGENCY: Environmental Protection SIP revision, amending the appropriate
8:30 a.m. to 4:30 p.m., Monday through
Agency (EPA). appendices in the CAIR FIP trading
Friday, excluding Federal holidays. We
ACTION: Final rule. rules simply to note that approval.
recommend that you telephone Douglas
Aburano, Environmental Engineer, at EPA is disapproving certain separable
SUMMARY: EPA is partially approving
(312) 353–6960, before visiting the provisions of Wisconsin’s submittal.
and partially disapproving a revision to
Region 5 office. These provisions include NR 432.04
the Wisconsin State Implementation
FOR FURTHER INFORMATION CONTACT:
‘‘compliance supplement pool’’ and NR
Plan (SIP) submitted on June 19, 2007.
Douglas Aburano, Environmental 432.08 ‘‘superior environmental
The Wisconsin SIP revision was
Engineer, Criteria Pollutant Section, Air performance.’’ NR 432.04 includes
proposed for partial approval and
Programs Branch (AR–18J), provisions that are inconsistent with
partial disapproval on July 30, 2007. No
Environmental Protection Agency, CAIR. NR 432.08 would allow sources
comments were received during the
Region 5, 77 West Jackson Boulevard, to make voluntary reductions beyond
comment period for the proposal. This
state and Federal requirements in
revision incorporates provisions related Chicago, Illinois 60604, (312) 353–6960,
exchange for regulatory flexibility.
to the implementation of EPA’s Clean aburano.douglas@epa.gov.
NR 432.04 contains the provisions
Air Interstate Rule (CAIR), promulgated SUPPLEMENTARY INFORMATION: Wisconsin has adopted for distribution
on May 12, 2005, and subsequently of the CSP. Consistent with the
Table of Contents
revised on April 28, 2006, and flexibility given to states in the FIP,
December 13, 2006, and the CAIR I. What Action Is EPA Taking?
II. Did Anyone Comment on the Proposed Wisconsin has chosen to modify the
Federal Implementation Plan (FIP) provisions of the CAIR NOX annual FIP
Partial Approval and Partial
which concerns sulfur dioxide (SO2),
Disapproval? concerning the allocation of allowances
oxides of nitrogen (NOX) annual, and III. What Are the General Requirements of from the CSP. Wisconsin has chosen to
NOX ozone season emissions for the CAIR and the CAIR FIPs? distribute CSP allowances based on
State of Wisconsin, promulgated on IV. Wisconsin’s CAIR SIP Submittal early reduction credits or based on the
April 28, 2006, and subsequently A. Nature of Wisconsin’s Submittal need to avoid undue risk to electric
revised December 13, 2006. EPA is not B. Summary of Wisconsin’s Rules
reliability. The first methodology based
making any changes to the CAIR FIP, C. NOX Allowance Allocations
D. Allocation of Allowances from the on early reduction credits essentially
but is, to the extent EPA approves mirrors the FIP’s early reduction credit
Wisconsin’s SIP revision, amending the Compliance Supplement Pool (CSP)
E. Individual Opt-in Units methodology.
appropriate appendices in the CAIR FIP The description in Wisconsin’s rule of
F. Additional Provision Found in
trading rules simply to note that Wisconsin’s Abbreviated CAIR SIP the second methodology based on need
approval. Submittal is somewhat unclear. EPA interprets the
EPA is approving an abbreviated SIP V. Correction of Typographical Error in provision to require a demonstration
revision that addresses the methodology Proposed Rule that a unit cannot avoid undue risk to
to be used to allocate annual and ozone VI. Final Action electric reliability if it keeps its
season NOX allowances under the CAIR VII. When Is This Action Effective? emissions in 2009 from exceeding its
FIP, except for allowances in the VIII. Statutory and Executive Order Reviews
2009 allowance allocation. Even if the
compliance supplement pool. The I. What Action Is EPA Taking? unit could obtain additional allowances
portions of Wisconsin’s submittal (those to cover emissions above its allocation,
associated with the compliance CAIR SIP Partial Approval and Partial and thereby comply with the
supplement pool and Superior Disapproval requirement to hold allowances
Environmental Performance) that EPA is EPA is partially approving and covering emissions, the unit would still
disapproving are inconsistent with partially disapproving a revision to be eligible for CSP allowances. In
CAIR and/or otherwise inappropriate to Wisconsin’s SIP, submitted on June 19, contrast, EPA’s CSP provisions in the
include in a CAIR SIP and must, 2007, which modifies the application of model rule, the FIP, and CAIR require
therefore, be disapproved. certain provisions of the CAIR FIP a demonstration that, without being
DATES: This final rule is effective on concerning SO2, NOX annual and NOX given CSP allowances, a unit cannot
October 16, 2007. ozone season emissions. (As discussed avoid undue risk while keeping its 2009
ADDRESSES: EPA has established a below, this less comprehensive CAIR emissions from exceeding all the
docket for this action under Docket ID SIP is termed an abbreviated SIP.) allowances it holds, both its 2009
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No. EPA–R05–OAR–2007–0405. All Wisconsin is subject to the CAIR FIP allowance allocations and other
documents in the docket are listed on that implements the CAIR requirements allowances it can obtain for compliance.
the www.regulations.gov Web site. by requiring certain EGUs to participate Thus, Wisconsin’s provision is
Although listed in the index, some in the EPA-administered Federal CAIR inconsistent with EPA’s CSP provisions.
information is not publicly available, SO2, NOX annual, and NOX ozone Moreover, since Wisconsin’s entire CSP

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Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations 58543

is available for units meeting either the participate in the EPA-administered requirements are met. These
early reduction credit or the undue risk trading programs. With two exceptions, requirements relate to the timing of
criteria, the early reduction credit and only states that choose to meet the submission of units, allocations to the
undue risk provisions cannot be requirements of CAIR through methods Administrator for recordation and the
administered separately, and the that exclusively regulate EGUs are total amount of allowances allocated for
Wisconsin CSP must be administered by allowed to participate in the EPA- each control period. In adopting
a single agency. Consequently, EPA is administered trading programs. One alternative NOX allowance allocation
disapproving all of Wisconsin’s CSP exception is for states that adopt the methodologies, States have flexibility
provisions. This portion of Wisconsin’s opt-in provisions of the model rules to with regard to:
SIP submittal is separable from the rest allow non-EGUs individually to opt into 1. The cost to recipients of the
of the submittal and can be disapproved the EPA-administered trading programs. allowances, which may be distributed
without compromising the integrity of The other exception is for states that for free or auctioned;
the portions we are approving. include all non-EGUs from their NOX 2. The frequency of allocations;
NR 432.08 would grant regulatory SIP Call trading programs in their CAIR 3. The basis for allocating allowances,
flexibility to sources that voluntarily NOX ozone season trading programs. which may be distributed, for example,
reduce emissions beyond what is based on historical heat input or electric
required under state and Federal IV. Wisconsin’s CAIR SIP Submittal and thermal output; and
regulations. The scope of regulatory 4. The use of allowance set-asides
A. Nature of Wisconsin’s Submittal
flexibility provided by NR 432.08 is and, if used, their size.
ambiguous. To the extent this flexibility On June 19, 2007, Wisconsin Subchapter NR 432.01 entitled,
relates to state-only regulatory submitted a request to process their ‘‘Applicability; purpose’’ consolidates
requirements, the regulatory provisions rules for addressing CAIR requirements. the applicability and purpose section for
are not appropriately included in a SIP. The rules became effective at the state both the annual and ozone season
To the extent this flexibility relates to level on August 1, 2007. The Wisconsin trading programs. While the FIP already
Federal requirements reflected in state Department of Natural Resources contains an applicability section, the
regulations, this type of flexibility is not (WDNR) held hearings on these state is required to adopt this section to
allowed under CAIR, and it is proposed rules on October 10 and satisfy its own rulemaking
inappropriate to simply assume that October 12, 2006. The 30-day public requirements. Wisconsin is adopting the
other Federal requirements allow such comment period for the proposed rules applicability section to apply only to the
flexibility. Therefore, the regulatory ended on October 23, 2006. allocation methodology in their rule but
flexibility provisions cannot be this does not affect the applicability of
B. Summary of Wisconsin’s Rules
included in Wisconsin’s CAIR the CAIR FIP.
abbreviated SIP revision and cannot be The WDNR submitted Chapter NR 432 Subchapter NR 432.02 entitled,
approved. of the Wisconsin Administrative Code ‘‘Definitions’’ adopts many of the CAIR
Chapters Related to Air Pollution FIP definitions but is rewritten in a
II. Did Anyone Comment on the Control, entitled ‘‘Allocation of Clean format to conform to the state’s
Proposed Partial Approval and Partial Air Interstate Rule NOX Allowances’’ for regulatory writing style requirements.
Disapproval? inclusion in the Wisconsin SIP. These While the FIP already contains a
No comments were received during rules are designed to address the definitions section, the state is required
the 30-day comment period on the requirements of the CAIR. to adopt this section to satisfy its own
proposed partial approval and partial Chapter NR 432 includes eight rulemaking requirements. Wisconsin is
disapproval that was published on July subparts: adopting the definition section to apply
30, 2007. 1. NR 432.01 Applicability; purpose only to the allocation methodology in
2. NR 432.02 Definitions their rule but this does not affect the
III. What Are the General Requirements 3. NR 432.03 CAIR NOX allowance applicability of the CAIR FIP.
of CAIR and the CAIR FIPs? allocation Additionally, WDNR has added
CAIR establishes statewide emission 4. NR 432.04 Compliance supplement definitions not found in the CAIR FIP.
budgets for SO2 and NOX and is to be pool These definitions are included to
implemented in two phases. The first 5. NR 432.05 CAIR NOX ozone season address the fact that Wisconsin’s rule
phase of NOX reductions starts in 2009 allowance allocation allocates allowances to renewable
and continues through 2014, while the 6. NR 432.06 Timing requirements for energy sources, which the FIP does not
first phase of SO2 reductions starts in allocations of CAIR NOX allowances do, and to address the fact that
2010 and continues through 2014. The and CAIR NOX ozone season Wisconsin allocates allowances to
second phase of reductions for both allowances emitting sources based on energy output
NOX and SO2 starts in 2015 and 7. NR 432.07 CAIR renewable units rather than heat input. The CAIR FIP
continues thereafter. CAIR requires 8. NR 432.08 Superior environmental uses a heat input based allocation
states to implement the budgets by performance methodology.
either: (1) Requiring EGUs to participate A detailed description of the rule and its Consistent with the flexibility given to
in the EPA-administered cap-and-trade subparts can be found in the proposed states in the CAIR FIP, Wisconsin has
programs; or, (2) adopting other control partial approval/partial disapproval chosen to replace the provisions of the
measures of the state’s choosing and published in the Federal Register on CAIR NOX annual FIP concerning the
demonstrating that such control July 30, 2007 (72 FR 41669). allocation of NOX annual allowances
measures will result in compliance with with its own methodology. NR 432.03
the applicable state SO2 and NOX C. NOX Allowance Allocations contains the provisions for the NOX
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budgets. The CAIR FIP provides States the annual allowance distribution
The May 12, 2005, and April 28, 2006, flexibility to establish a different NOX methodology Wisconsin has adopted.
CAIR rules provide model rules that allowance allocation methodology that Wisconsin has chosen to distribute NOX
states must adopt (with certain limited will be used to allocate allowances to annual allowances based upon gross
changes, if desired), if they want to sources in the States if certain electrical output. The CAIR FIP

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58544 Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations

allocates allowances to NOX emitting allocation purposes occurs every five early reduction credits or based on the
sources only, and issues allowances on years beginning in 2011. The initial need to avoid undue risk to electric
a fuel-weighted basis. Wisconsin’s rule allocation of allowances for the years reliability. The first methodology based
utilizes a different approach, which 2009–2014 is set forth in NR 432.05. on early reduction credits essentially
allocates allowances to renewable NR 432.06 describes the timing mirrors the FIP’s early reduction credit
energy units, as well as NOX emitting requirements for allocating both NOX methodology.
sources, and does not issue allowances annual allowances and NOX ozone The description in Wisconsin’s rule of
on a fuel-weighted basis. For units that season allowances. These requirements the second methodology based on need
have operated for five or more are consistent with the timing is somewhat unclear. EPA interprets the
consecutive years, allocations are requirements for allocating allowances provision to require a demonstration
determined based on the unit’s three under an abbreviated SIP scenario found that a unit cannot avoid undue risk to
highest annual gross electrical outputs. in 40 CFR 51.123 and are, therefore, electric reliability if it keeps its
Wisconsin has created a new unit set- being approved. emissions in 2009 from exceeding its
aside for sources that have fewer than Since Wisconsin has chosen to 2009 allowance allocation. Even if the
five years of operating data. The new allocate both NOX annual and NOX unit could obtain additional allowances
unit set-aside is equal to seven percent ozone season allowances to renewable to cover emissions above its allocation,
of the number of NOX annual energy units, the state has adopted and thereby comply with the
allocations that new unit can request provisions specifically for these sources. requirement to hold allowances
from the new unit set-aside and is These provisions are found in NR covering emissions, the unit could be
limited by the number of the unit’s total 432.07 which requires renewable units given CSP allowances. In contrast,
tons of NOX emissions during the to comply with the same trading EPA’s CSP provisions in the model rule,
calendar year immediately preceding requirements that apply to the regulated the FIP, and CAIR require a
the calendar year of the request. EGUs, such as designating an account demonstration that, without being given
Updating of unit baselines for allocation representative who represents the unit CSP allowances, a unit cannot avoid
purposes occurs every five years in any trading activity, establishing undue risk while keeping its 2009
beginning in 2011. The initial allocation accounts for the NOX trading programs, emissions from exceeding all the
of allowances for the years 2009–2014 is and the process for requesting NOX allowances it holds, both its 2009
set forth in NR 432.03. allowances. allowance allocations and other
D. Allocation of NOX Allowances From allowances it can obtain for compliance.
In a similar manner, Wisconsin has Thus, Wisconsin’s provision is
developed an ozone season NOX budget the Compliance Supplement Pool (CSP)
inconsistent with EPA’s CSP provisions.
consistent with the flexibility given to The CSP provides an incentive for Moreover, since Wisconsin’s entire CSP
states in the CAIR FIP. Wisconsin has early reductions in NOX annual is available for units meeting either the
chosen to replace the provisions of the emissions. The CSP consists of 200,000 early reduction credit or the undue risk
CAIR NOX ozone season FIP concerning CAIR NOX annual allowances for 2009 criteria, the early reduction credit and
the allocation of NOX annual allowances for the entire CAIR region, and a state’s undue risk provisions cannot be
with its own methodology. NR 432.05 share of the CSP is based upon the administered separately, and the
contains the provisions for the NOX state’s share of the projected emission Wisconsin CSP must be administered by
ozone season allowance distribution reductions under CAIR. States may a single agency. Consequently, EPA is
methodology that Wisconsin has distribute CSP allowances, one disapproving all of Wisconsin’s CSP
adopted. Wisconsin has chosen to allowance for each ton of early provisions. This portion of Wisconsin’s
distribute NOX ozone season allowances reduction, to sources that make NOX SIP submittal is separable from the rest
based upon gross electrical output. The reductions during 2007 or 2008 beyond of the submittal and can be disapproved
CAIR FIP allocates allowances to NOX what is required by any applicable state without compromising the integrity of
emitting sources only, and issues or Federal emission limitation. States the portions we are approving.
allowances on a fuel-weighted basis. also may distribute CSP allowances In the absence of approved CSP
Wisconsin’s rule uses a different based upon a demonstration of need for provisions in an abbreviated CAIR SIP,
approach, which allocates allowances to an extension of the 2009 deadline for the FIP provisions for the allocation of
renewable energy units, as well as NOX implementing emission controls. CSP allowances continue to apply in
emitting sources, and does not issue The CAIR NOX annual FIP establishes Wisconsin.
allowances on a fuel-weighted basis. specific methodologies for allocations of
Under Wisconsin’s rule, the three CSP allowances. States may choose an E. Individual Opt-in Units
highest ozone season amounts of the allowed, alternative CSP allocation The opt-in provisions allow for
unit’s gross electrical output will be the methodology to be used to allocate CSP certain non-EGUs (i.e., boilers,
basis for determining that unit’s allowances to sources in those states. combustion turbines, and other
allocations for units that have operated See 40 CFR 51.123(p)(2) (requiring that stationary fossil-fuel-fired devices) that
for five or more consecutive years. State CSP provisions be consistent with do not meet the applicability criteria for
Additionally, Wisconsin has created a the model rule at 40 CFR 96.143, the FIP a CAIR trading program to participate
new unit set-aside for sources that have at 40 CFR 97.143, or CAIR at 40 CFR voluntarily in (i.e., opt into) the CAIR
fewer than five years of operating data. 51.123(e)(4)). trading program. A non-EGU may opt
The new unit set-aside is equal to seven Consistent with the flexibility given to into one or more of the CAIR trading
percent of the total trading budget. The states in the FIP, Wisconsin has chosen programs. In order to qualify to opt into
number of NOX ozone season to modify the provisions of the CAIR a CAIR trading program, a unit must
allocations that a new unit can request NOX annual FIP concerning the vent all emissions through a stack and
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from the new unit set-aside is limited by allocation of allowances from the CSP. be able to meet monitoring,
the number of that unit’s total tons of NR 432.04 contains the provisions recordkeeping, and recording
NOX emissions during the ozone season Wisconsin has adopted for distribution requirements of 40 CFR part 75. The
preceding the calendar year of the of the CSP. Wisconsin has chosen to owners and operators seeking to opt a
request. Updating of unit baselines for distribute CSP allowances based on unit into a CAIR trading program must

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apply for a CAIR opt-in permit. If the Wisconsin’s CAIR SIP Submittal, U.S.C. 553(d)(1), which provides that
unit is issued a CAIR opt-in permit, the subsection C. State Budgets for rule actions may become effective less
unit becomes a CAIR unit, is allocated Allowance Allocations, we stated, ‘‘The than 30 days after publication if the rule
allowances, and must meet the same CAIR FIP established the budgets for ‘‘grants or recognizes an exemption or
allowance-holding and emissions Wisconsin as * * * 17,987 tons for NOX relieves a restriction’’ and section 5
monitoring and reporting requirements ozone season emissions for 2010–2014 U.S.C. 553(d)(3), which allows an
as other units subject to the CAIR * * *’’ We are correcting this to read, effective date less than 30 days after
trading program. The opt-in provisions ‘‘The CAIR FIP established the budgets publication ‘‘as otherwise provided by
provide for two methodologies for for Wisconsin as * * * 17,987 tons for the agency for good cause found and
allocating allowances for opt-in units, NOX ozone season emissions for 2009– published with the rule.’’
one methodology that applies to opt-in 2014 * * *’’ As stated earlier in that CAIR SIP approvals relieve states and
units in general and a second same subsection NOX budgets, both CAIR sources within states from being
methodology that allocates allowances seasonal and annual, were developed subject to allowance allocation
only to opt-in units that the owners and for the 2009–2014 period. provisions in the CAIR FIPs that
operators intend to repower before otherwise would apply to it, allowing
VI. Final Action
January 1, 2015. States to make their own allowance
States have several options EPA is partially approving and
allocations based on their SIP-approved
concerning the opt-in provisions. The partially disapproving Wisconsin’s
State rule. The relief from these
rules for each of the CAIR FIP trading abbreviated CAIR SIP revision
obligations is sufficient reason to allow
programs include opt-in provisions that submitted on June 19, 2007. Wisconsin
an expedited effective date of this rule
are essentially the same as those in the is covered by the CAIR FIP, which
under 5 U.S.C. 553(d)(1). In addition,
respective CAIR SIP model rules, except requires participation in the EPA-
Wisconsin’s relief from these obligations
that the CAIR FIP opt-in provisions administered CAIR FIP cap-and-trade
provides good cause to make this rule
become effective in a state only if the programs for SO2, NOX annual, and NOX
ozone season emissions. Under this effective October 16, 2007, pursuant to
state’s abbreviated SIP revision adopts 5 U.S.C. 553(d)(3). The purpose of the
the opt-in provisions. The state may abbreviated SIP revision and consistent
with the flexibility given to states in the 30-day waiting period prescribed in 5
adopt the opt-in provisions entirely or U.S.C. 553(d) is to give affected parties
may adopt them but exclude one of the FIP, Wisconsin has adopted provisions
for allocating allowances under the a reasonable time to adjust their
allowance allocation methodologies. behavior and prepare before the final
The state also has the option of not CAIR FIP NOX annual and NOX ozone
season trading programs. As provided rule takes effect. Where, as here, the
adopting any opt-in provisions in the final rule relieves obligations rather
abbreviated SIP revision and thereby for in the CAIR FIP, these provisions in
the abbreviated SIP revision will replace than imposes obligations, affected
providing for the CAIR FIP trading parties, such as the State of Wisconsin
program to be implemented in the state or supplement the corresponding
provisions of the CAIR FIP in and CAIR sources within the State, do
without the ability for units to opt into not need time to adjust and prepare
the program. Wisconsin. These provisions in
Wisconsin’s abbreviated SIP revision before the rule takes effect.
Consistent with the flexibility given to
states in the FIP, Wisconsin has chosen meet the applicable requirements in 40 VIII. Statutory and Executive Order
not to allow non-EGUs meeting certain CFR 51.123(p) and (ee), with regard to Reviews
requirements to participate in the CAIR NOX annual and NOX ozone season
emissions. EPA is not making any Under Executive Order 12866 (58 FR
NOX annual trading program, the CAIR
changes to the CAIR FIP, but is, to the 51735, October 4, 1993), this action is
NOX ozone season trading program, or
extent EPA approves Wisconsin’s SIP not a ‘‘significant regulatory action’’
the CAIR SO2 trading program.
revision, amending the appropriate and, therefore, is not subject to review
F. Additional Provision Found in appendices in the CAIR FIP trading by the Office of Management and
Wisconsin’s Abbreviated CAIR SIP rules simply to note that approval. Budget. For this reason, this action is
Submittal Wisconsin’s submittal also contains also not subject to Executive Order
There is an additional provision that provisions that are inconsistent with 13211, ‘‘Actions Concerning Regulations
Wisconsin has submitted as part of the requirements concerning the CSP and That Significantly Affect Energy Supply,
abbreviated CAIR SIP. that grant unacceptable regulatory Distribution, or Use’’ (66 FR 28355, May
NR 432.08 would allow sources to flexibility to some sources. EPA is 22, 2001). This action merely approves
make voluntary reductions beyond state disapproving these portions of state law as meeting Federal
and Federal requirements in exchange Wisconsin’s rule. We are able to requirements and would impose no
for regulatory flexibility. For the reasons disapprove these specific portions of additional requirements beyond those
discussed above, we are disapproving Wisconsin’s submittal because they are imposed by state law. Accordingly, the
this portion of Wisconsin’s CAIR separable from the rest of Wisconsin’s Administrator certifies that this rule
abbreviated SIP. This portion is submittal and disapproving only these would not have a significant economic
separable from the rest of Wisconsin’s parts has no effect on the rest of the impact on a substantial number of small
SIP submittal and can be disapproved submittal that we are approving. entities under the Regulatory Flexibility
without compromising the integrity of Act (5 U.S.C. 601 et seq.). Because this
VII. When Is This Action Effective? action approves pre-existing
the portions we are approving.
EPA finds that there is good cause for requirements under state law and would
V. Correction of Typographical Error in this approval to become effective on not impose any additional enforceable
Proposed Rule October 16, 2007, because a delayed duty beyond that required by state law,
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We would like to point out a effective date is unnecessary due to the it does not contain any unfunded
typographical error in the proposed nature of the approval, which allows the mandate or significantly or uniquely
partial approval/partial disapproval State to make allocations under its CAIR affect small governments, as described
published on July 31, 2007 (72 FR rules. The expedited effective date for in the Unfunded Mandates Reform Act
41669). In section, V. Analysis of this action is authorized under both 5 of 1995 (Pub. L. 104–4).

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58546 Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations

This rule also does not have tribal 40 CFR Part 97 1. * * *


implications because it would not have Wisconsin
Environmental protection, Air
a substantial direct effect on one or pollution control, Electric utilities, * * * * *
more Indian tribes, on the relationship Intergovernmental relations, Nitrogen ■ 5. Appendix A to Subpart EEEE is
between the Federal Government and oxides, Ozone, Particulate matter, amended by adding the entry for
Indian tribes, or on the distribution of Reporting and recordkeeping ‘‘Wisconsin’’ in alphabetical order to
power and responsibilities between the requirements, Sulfur dioxide. read as follows:
Federal Government and Indian tribes,
Dated: September 21, 2007.
as specified by Executive Order 13175 Appendix A to Subpart EEEE of Part
Bharat Mathur, 97—States With Approved State
(65 FR 67249, November 9, 2000). This
action also does not have Federalism Acting Regional Administrator, Region 5. Implementation Plan Revisions
implications because it would not have ■ 40 CFR part 52 is amended as follows: Concerning Allocations
substantial direct effects on the States, * * * * *
on the relationship between the national PART 52—[AMENDED]
Wisconsin
government and the States, or on the ■ 1. The authority citation for part 52 * * * * *
distribution of power and continues to read as follows: [FR Doc. E7–20165 Filed 10–15–07; 8:45 am]
responsibilities among the various Authority: 42 U.S.C. 7401 et seq. BILLING CODE 6560–50–P
levels of government, as specified in
Executive Order 13132 (64 FR 43255, Subpart YY—Wisconsin
August 10, 1999). This action merely ENVIRONMENTAL PROTECTION
approves a State rule implementing a ■ 2. Section 52.2570 is amended by AGENCY
Federal standard and amends the adding paragraph (c)(116) to read as
appropriate appendices in the CAIR FIP follows: 40 CFR Parts 52 and 97
trading rules to note that approval. It § 52.2570 Identification of plan. [EPA–R05–OAR–2007–0390; FRL–8481–2]
does not alter the relationship or the
distribution of power and * * * * *
(c) * * * Approval of Implementation Plans;
responsibilities established in the Clean (116) A revision to the State Ohio; Clean Air Interstate Rule
Air Act. This rule also is not subject to Implementation Plan (SIP) was
Executive Order 13045 ‘‘Protection of AGENCY: Environmental Protection
submitted by the Wisconsin Department Agency (EPA).
Children from Environmental Health of Natural Resources on June 19, 2007.
Risks and Safety Risks’’ (62 FR 19885, ACTION: Direct final rule.
This revision consists of regulations to
April 23, 1997), because it would meet the requirements of the Clean Air SUMMARY: EPA is approving a revision to
approve a State rule implementing a Interstate Rule. the Ohio State Implementation Plan
Federal Standard. (i) Incorporation by reference. The (SIP) submitted on September 26, 2007.
In reviewing SIP submissions, EPA’s following sections of the Wisconsin Ohio initially submitted a SIP revision
role is to approve state choices, Administrative Code are incorporated on April 17, 2007, with a proposed rule
provided that they meet the criteria of by reference: NR 432.01 ‘‘Applicability; and then revised it and submitted a SIP
the Clean Air Act. In this context, in the purpose’’; NR 432.02 ‘‘Definitions’’; NR revision with a final rule on September
absence of a prior existing requirement 432.03 ‘‘CAIR NOX allowance 26, 2007. This SIP revision incorporates
for the state to use voluntary consensus allocation’’; NR 432.05 ‘‘CAIR NOX provisions related to the
standards (VCS), EPA has no authority ozone season allowance allocation’’; NR implementation of EPA’s Clean Air
to disapprove a SIP submission for 432.06 ‘‘Timing requirements for Interstate Rule (CAIR), promulgated on
failure to use VCS. It would thus be allocations of CAIR NOX allowances and May 12, 2005, and subsequently revised
inconsistent with applicable law for CAIR NOX ozone season allowances’’; on April 28, 2006, and December 13,
EPA, when it reviews a SIP submission, and NR 432.07 ‘‘CAIR renewable units’’, 2006, and the CAIR Federal
to use VCS in place of a SIP submission as created and published in the Implementation Plan (CAIR FIP)
that otherwise satisfies the provisions of (Wisconsin) Register, July, 2007, No. concerning sulfur dioxide (SO2), oxides
the Clean Air Act. Thus, the 619, effective August 1, 2007. of nitrogen (NOX) annual, and NOX
requirements of section 12(d) of the * * * * * ozone season emissions for the State of
National Technology Transfer and ■ 40 CFR part 97 is amended as follows: Ohio, promulgated on April 28, 2006
Advancement Act of 1995 (15 U.S.C. and subsequently revised December 13,
272 note) do not apply. This rule would PART 97—[AMENDED] 2006. EPA is not making any changes to
not impose an information collection ■ 3. The authority citation for part 97 the CAIR FIP, but is amending to the
burden under the provisions of the continues to read as follows: extent EPA approves Ohio’s SIP
Paperwork Reduction Act of 1995 (44 revision, the appropriate appendices in
U.S.C. 3501 et seq.). Authority: 42 U.S.C. 7401, 7403, 7410, the CAIR FIP trading rules simply to
7426, 7601, and 7651, et seq.
note that approval.
List of Subjects The Ohio SIP revision that was
■ 4. Appendix A to Subpart EE is
40 CFR Part 52 amended by adding the entry for submitted on April 17, 2007, was a full
Wisconsin in alphabetical order under CAIR SIP revision. In a letter submitted
Environmental protection, Air paragraph 1. to read as follows: on September 26, 2007, Ohio requested
pollution control, Electric utilities, that EPA consider the September 26,
Appendix A to Subpart EE of Part 97—
pwalker on PROD1PC71 with RULES

Incorporation by reference, 2007, submittal as two separate


Intergovernmental relations, Nitrogen States With Approved State submittals, i.e., as a full CAIR SIP and
oxides, Ozone, Particulate matter, Implementation Plan Revisions as an abbreviated CAIR SIP. Ohio
Reporting and recordkeeping Concerning Allocations requested that EPA act on specific
requirements, Sulfur dioxide. * * * * * portions of the September 26, 2007,

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