Approval and Promulgation of Implementation Plan; Wisconsin

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI67-01-7276; FRL-5550-6]

Approval and Promulgation of Implementation Plan; Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On May 10, 1996, the Environmental Protection Agency (EPA)

proposed approval of a Wisconsin State Implementation Plan (SIP)

revision. The purpose of the revision was to meet the requirements of

the EPA transportation conformity rule set forth at 40 CFR part 51,

subpart T--Conformity to State or Federal Implementation Plans of

Transportation Plans, Programs, and Projects Developed, Funded or

Approved Under Title 23 U.S.C. or the Federal Transit Act. Conformity

is the process, defined in the Clean Air Act, used to assure that

transportation planning activities meet the SIP's purpose of

eliminating or reducing the severity and number of violations of the

National Ambient Air Quality Standards and achieving expeditious

attainment of such standards. The proposed approval was subject to a 30

day public comment period during which no comments were received.

EFFECTIVE DATE: This final rule will be effective on September 26,

1996.

ADDRESSES: Copies of the SIP revision are available for inspection at

the following address: United States Environmental Protection Agency,

Region 5, Air and Radiation Division, 77 West Jackson Boulevard,

Chicago, Illinois 60604. (It is recommended that you telephone Michael

Leslie at (312) 353-6680 before visiting the Region 5 Office.)

A copy of this SIP revision is available for inspection at the

following location: Office of Air and Radiation (OAR) Docket and

Information Center (Air Docket 6102), room M1500, United States

Environmental Protection Agency, 401 M Street S.W., Washington, D.C.

20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Michael G. Leslie, Regulation

Development Section (AR-18J), Air Programs Branch, Air and Radiation

Division, United States Environmental Protection Agency, Region 5, 77

West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312)

353-6680.

[[Page 43971]]

SUPPLEMENTARY INFORMATION:

I. Background

Section 176(c) of the Clean Air Act (Act), 42 U.S.C 7506(c),

provides that no Federal department, agency, or instrumentality shall

engage in, support in any way or provide financial assistance for,

license or permit, or approve any activity which does not conform to a

SIP which has been approved or promulgated pursuant to the Act.

Conformity is defined as conformity to the SIP's purpose of eliminating

or reducing the severity and number of violations of the National

Ambient Air Quality Standards and achieving expeditious attainment of

such standards, and that such activities will not: (1) cause or

contribute to any new violation of any standard in any area, (2)

increase the frequency or severity of any existing violation of any

standard in any area, or (3) delay timely attainment of any standard or

any required interim emission reductions or other milestones in any

area.

Section 176(c)(4)(A) of the Act requires EPA to promulgate criteria

and procedures for determining conformity of all Federal actions

(transportation and general) to applicable SIPs. The EPA published the

final transportation conformity rules in the November 24, 1993, Federal

Register and codified them at 40 CFR part 51 subpart T--Conformity to

State or Federal Implementation Plans of Transportation Plans,

Programs, and Projects Developed, Funded or Approved Under Title 23

U.S.C. or the Federal Transit Act. The conformity rules require States

and local agencies to adopt and submit to the EPA a transportation

conformity SIP revision not later than November 24, 1994. The State of

Wisconsin submitted a SIP revision to EPA on November 23, 1994, and

supplemented this submittal on June 14, 1995.

II. EPA Action

The EPA is approving the transportation conformity SIP revision for

the State of Wisconsin. The EPA has previously evaluated this SIP

revision and has determined that the State has fully adopted the

provisions of the Federal transportation conformity rules in accordance

with 40 CFR part 51, subpart T. The appropriate public participation

and comprehensive interagency consultations have been undertaken during

development and adoption of this SIP revision.

III. Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, the

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under Section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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 28, 1996. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule 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, Hydrocarbons,

Intergovernmental relations, Ozone, Transportation conformity,

Transportation-air quality planning, Volatile organic compounds.

Dated: July 24, 1996.

Barry C. Degraff,

Acting Regional Administrator.

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 7401-7671q.

Subpart YY--Wisconsin

2. Section 52.2585 is amended by adding paragraph (j) to read as

follows:

[[Page 43972]]

Sec. 52.2585 Control strategy: Ozone.

* * * * *

(j) Approval--On June 14, 1995, the Wisconsin Department of Natural

Resources submitted a revision to the ozone State Implementation Plan.

The submittal pertained to a plan for the implementation and

enforcement of the Federal transportation conformity requirements at

the State or local level in accordance with 40 CFR part 51, subpart T--

Conformity to State or Federal Implementation Plans of Transportation

Plans, Programs, and Projects Developed, Funded or Approved Under Title

23 U.S.C. or the Federal Transit Act.

[FR Doc. 96-21696 Filed 8-26-96; 8:45 am]

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