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55062 Federal Register / Vol. 70, No.

181 / Tuesday, September 20, 2005 / Proposed Rules

Subpart J—Distribution facility or another location that is operation permit exemption for certain
reasonably accessible to responsible grain storage and drying operations.
§ 212.90 What actions must I take to officials of the production facility and to This clarification is necessary to ensure
control the distribution of PET drug
employees of FDA designated to that column dryers and rack dryers are
products?
perform inspections. included in the exemption criteria.
(a) Written distribution procedures. (b) Record quality. All records, DATES: Written comments must be
You must establish, maintain, and including those not stored at the
follow written procedures for the received on or before October 20, 2005.
inspected establishment, must be ADDRESSES: Submit comments,
control of distribution of PET drug legible, stored to prevent deterioration
products shipped from the PET identified by Regional Material in
or loss, and readily available for review EDocket (RME) ID No. R05–OAR–2005–
production facility to ensure that the and copying by FDA employees.
method of shipping chosen will not WI–0003, by one of the following
(c) Record retention period. You must methods:
adversely affect the identity, purity, or maintain all records and documentation
quality of the PET drug product. Federal eRulemaking Portal: http://
referenced in other parts of this www.regulations.gov. Follow the on-line
(b) Distribution records. You must
regulation for a period of at least 1 year instructions for submitting comments.
maintain distribution records for each
from the date of final release, including Agency Web site: http://
PET drug product that include or refer
conditional final release, of a PET drug docket.epa.gov/rmepub/. RME, EPA’s
to the following:
(1) The name, address, and telephone product. electronic public docket and comments
number of the receiving facility that Dated: September 1, 2005. system, is EPA’s preferred method for
received each batch of a PET drug Jeffrey Shuren, receiving comments. Once in the
product; Assistant Commissioner for Policy. system, select ‘‘quick search,’’ then key
(2) The name and quantity of the PET [FR Doc. 05–18510 Filed 9–15–05; 8:45 am] in the appropriate RME Docket
drug product shipped; identification number. Follow the on-
BILLING CODE 4160–01–S
(3) The lot number, control number, line instructions for submitting
or batch number for the PET drug comments.
product shipped; and E-mail: blakley.pamela@epa.gov.
(4) The date and time you shipped the ENVIRONMENTAL PROTECTION
Fax: (312) 886–5824.
PET drug product. AGENCY
Mail: You may send written
40 CFR Part 52 comments to: Pamela Blakley, Chief, Air
Subpart K—Complaint Handling
Permit Section, (AR–18J), U.S.
§ 212.100 What do I do if I receive a [R05–OAR–2005–WI–0003; FRL–7970–7] Environmental Protection Agency,
complaint about a PET drug product Region 5, 77 West Jackson Boulevard,
produced at my facility? Approval and Promulgation of
Chicago, Illinois 60604.
Implementation Plans; Wisconsin; Hand Delivery or Courier: Deliver
(a) Written complaint procedures. You
General and Registration Permit your comments to: Pamela Blakley,
must develop and follow written
Programs Chief, Air Permit Section, (AR–18J),
procedures for the receipt and handling
of all complaints concerning a PET drug AGENCY: Environmental Protection U.S. Environmental Protection Agency,
product. Agency (EPA). Region 5, 77 West Jackson Boulevard,
(b) Complaint review. The procedures ACTION: Proposed rule. 18th floor, Chicago, Illinois 60604. Such
must include review by a designated deliveries are only accepted during the
person of any complaint involving the SUMMARY: EPA is proposing to approve Regional Office’s normal hours of
possible failure of a PET drug product revisions to the Wisconsin State operation. The Regional Office’s official
to meet any of its specifications and an Implementation Plan (SIP) submitted by hours of business are Monday through
investigation to determine the cause of the State of Wisconsin on July 28, 2005. Friday, 8:30 a.m. to 4:30 p.m. excluding
the failure. These revisions include General and Federal holidays.
(c) Complaint records. A written Registration permit programs that Instructions: Direct your comments to
record of each complaint must be provide for the issuance of general and RME ID No. R05–OAR–2005–WI–0003.
maintained in a file designated for PET registration permits as part of the State’s EPA’s policy is that all comments
drug product complaints. The record construction permit and operation received will be included in the public
must include the name and strength of permit programs. In addition, these docket without change and may be
the PET drug product, the batch permit programs may include the made available online at http://
number, the name of the complainant, regulation of hazardous air pollutants docket.epa.gov/rmepub/, including any
the date the complaint was received, the (HAPs) which may be regulated under personal information provided, unless
nature of the complaint, and the section 112 of the Clean Air Act (the the comment includes information
response to the complaint. It must also Act). Thus, EPA is also proposing claimed to be Confidential Business
include the findings of any investigation approval of Wisconsin’s general and Information (CBI) or other information
and followup. registration permit program under whose disclosure is restricted by statute.
(d) Returned products. A PET drug section 112(l) of the Act. Do not submit information that you
product that is returned because of a These SIP revisions also contain consider to be CBI or otherwise
complaint may not be reprocessed and changes to definitions related to protected through RME, regulations.gov,
must be destroyed in accordance with Wisconsin’s air permit program, as well or e-mail. The EPA RME website and
applicable Federal and State law. as a minor technical change to provide the federal regulations.gov Web site are
Subpart L—Records correct references to the recently ‘‘anonymous access’’ systems, which
updated chapter NR 445, which was means EPA will not know your identity
§ 212.110 How must I maintain records of inadvertently omitted in the processing or contact information unless you
my production of PET drug products? of that rule package. Additionally, these provide it in the body of your comment.
(a) Record availability. Records must revisions clarify an existing If you send an e-mail comment directly
be maintained at the PET production construction permit exemption and to EPA without going through RME or

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Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules 55063

regulations.gov, your e-mail address C. Evaluation of the Clarification to Grain SIP: To repeal NR 406.04(1)(c) and
will be automatically captured and Elevator Exemption 407.03(1)(c); to renumber NR 406.02(1)
included as part of the comment that is D. Evaluation of the Changes to to (4); to amend NR 406.04(1)(ce), (cm)
Definitions, References, and Numbering
placed in the public docket and made and (m)(intro.), 406.11(1)(intro.) and (c),
IV. What Action Is EPA Taking Today?
available on the Internet. If you submit V. Statutory and Executive Order Reviews 407.03(1)(ce) and (cm), 407.05(7),
an electronic comment, EPA 407.15(intro.) and (3), 410.03(1)(a)(5),
recommends that you include your I. Does This Action Apply to Me? and 484.05(1); to repeal and recreate NR
name and other contact information in This rule provides certain owners and 407.02(3) and 407.10; and to create NR
the body of your comment and with any operators in Wisconsin with alternatives 400.02(73m) and (131m), 406.02(1) and
disk or CD–ROM you submit. If EPA to traditional construction and (2), 406.04(2m), 406.11(3), 406.16,
cannot read your comment due to operation air permits. Wisconsin has 406.17, 406.18, 407.02(3m), 407.105,
technical difficulties and cannot contact created new permitting programs to 407.107, 407.14 Note, 407.14(4)(c) and
you for clarification, EPA may not be provide registration and general air 410.03(1)(a)(6) and (7). These rules, as
able to consider your comment. permits as an alternative to individual discussed in more detail below,
Electronic files should avoid the use of source permits. The rule sets certain establish general and registration permit
special characters, any form of standards for developing the permits programs, clarify an exemption for grain
encryption, and be free of any defects or and criteria under which sources would elevators under the State’s construction
viruses. qualify for coverage under the permits. and operation permit programs, define
Docket: All documents in the Specific terms and conditions will be terms related to the State’s permitting
electronic docket are listed in the RME established during the development of programs, and correct a reference in
index at http://docket.epa.gov/rmepub/. each permit, which will then be Wisconsin’s regulations.
Although listed in the index, some standard for all sources that are covered The WDNR held a second public
under the permit. Sources may apply for comment period on this rule because it
information is not publicly available,
coverage under these permits by made significant changes to the
i.e., CBI or other information whose
submitting an application to the proposed rule to address comments
disclosure is restricted by statute.
Wisconsin Department of Natural received during the first comment
Certain other material, such as
Resources (WDNR), who will determine period. The first comment period ran
copyrighted material, is not placed on
whether the source is eligible for the during October and November 2004,
the Internet and will be publicly
permit. and the second through February and
available only in hard copy form.
Under the registration permit rule, March 2005. WDNR held public
Publicly available docket materials are
registration construction and hearings during both comment periods.
available either electronically in RME or
registration operation permits will be As a result of the public comments,
in hard copy at Environmental WDNR made more specific the criteria
Protection Agency, Region 5, Air and developed for sources with low actual
or potential emissions of air pollutants. for developing the permits and the
Radiation Division, 77 West Jackson criteria under which sources would be
Boulevard, Chicago, Illinois 60604. We The rule provides that a registration
construction permit will be issued to a eligible for coverage.
recommend that you telephone Susan In April 2005, WDNR proposed this
Siepkowski, Environmental Engineer, at facility for the construction,
reconstruction, replacement, relocation rule revision to the Wisconsin Natural
(312) 353–2654 before visiting the Resources Board for adoption, and the
Region 5 office. This Facility is open or modification of stationary sources
whose actual emissions do not exceed Board approved the rule on April 27,
from 8:30 a.m. to 4:30 p.m., Monday 2005. WDNR submitted its request that
25% of any major source threshold. The
through Friday, excluding legal EPA approve the rules as a SIP revision
rule also provides that a registration
holidays. to EPA on July 28, 2005, and EPA
operation permit must be issued to
FOR FURTHER INFORMATION CONTACT: facilities whose actual emissions do not determined on August 11, 2005 that the
Susan Siepkowski, Environmental exceed 25% of major source thresholds. submittal was complete.
Engineer, Air Permit Section, Air The second revision to the Wisconsin A. General Permit Rule
Programs Branch (AR–18J), U.S. SIP permitting program is the general
permit rule. This rule establishes that On February 5, 2004, Wisconsin
Environmental Protection Agency,
general construction and general enacted Act 118, which gave WDNR the
Region 5, 77 West Jackson Boulevard,
operation permits will be developed for authority to develop a general
Chicago, Illinois 60604, (312) 353–2654,
categories of sources with the same or construction permit program. The State
siepkowski.susan@epa.gov.
similar emissions, operations, control has existing authority to issue general
SUPPLEMENTARY INFORMATION: operation permits under its operation
systems, and regulatory requirements.
Throughout this document whenever Categories of sources that are or could permit program. Act 118 required
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean be eligible for general permits include WDNR to establish the general permit
EPA. This supplementary information nonmetallic mineral processing plants, program to provide industry and the
section is arranged as follows: asphalt plants, small natural gas fired WDNR with a streamlined approach for
I. Does This Action Apply to Me? generators, small heating units, printing permitting sources that have similar
II. What Has Wisconsin Submitted? presses and hospital sterilization operations and air emissions levels. The
A. General Permit Rule equipment. If an eligible owner or general construction and operation
B. Registration Permit Rule operator elects to comply with the rule, permit provisions are codified at NR
C. Clarification to Grain Elevator 406.16 and NR 407.10 of the Wisconsin
a generic permit that requires operation
Exemption Administrative Code, respectively. A
D. Changes to Definitions, References, and in compliance with the applicable
Numbering sections of the Wisconsin rules will be definition for ‘‘general permit’’ is
III. Do These Rules Comply With Federal issued to the source. codified at NR 400.02(73m) of the
Requirements? Wisconsin Administrative Code.
II. What Has Wisconsin Submitted? Under the general permit program,
A. Evaluation of the General Permit Rule
B. Evaluation of the Registration Permit On July 28, 2005, Wisconsin WDNR must develop construction and
Rule submitted the following revisions to its operation permits for categories of

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55064 Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules

sources with the same or similar NR 406.16(5) and NR 407.10(5) NR 406.17(2) establishes the criteria
emissions, operations, control systems describe the process by which sources for issuance of a registration
and regulatory requirements, as covered under a general construction or construction permit. It provides that a
described at NR 407.16(1) and NR operation permit may apply for and registration construction permit shall be
407.10(1) of the Wisconsin request a different type of permit. In issued to a facility for the construction,
Administrative Code. Categories of addition, NR 407.10(6) provides that reconstruction, replacement, relocation
sources that are, or could be, eligible for sources covered under a general or modification of stationary sources
general permits include: Nonmetallic operation permit which are later whose actual emissions do not exceed
mineral processing plants, asphalt determined not to qualify would be 25% of any major source threshold. NR
plants, small natural gas fired subject to legal action. 407.105(2) establishes the criteria for
generators, small heating units, printing The rule also creates NR 406.18 and issuance of a registration operation
presses, and hospital sterilization NR 407.107, both of which describe the permit. A source is eligible for coverage
equipment. The procedure for procedures for a party to petition WDNR under a registration operation permit if
establishing general construction or to develop a general permit for other its actual emissions do not exceed 25%
operation permits includes the categories of stationary sources, and of any major source threshold. This
preparation of an air quality analysis describe the factors that WDNR will use section also establishes physical design
and preliminary determination, and the in setting its priorities for general permit and air dispersion modeling criteria.
distribution of a notice of the development. Sources that are not eligible for
opportunity for public and EPA In addition to criteria pollutants, coverage under a registration permit are
comment and of the opportunity to Wisconsin’s general permit program described at NR 406.17(3) and NR
request a public hearing. Once WDNR applies to HAPs. Certain HAPs are, or 407.105(3), and include: Municipal
has established a general permit, will be, regulated under sections 111 solid waste combustion sources;
individual sources may apply for and 112 of the Act. Thus, EPA is also projects that require a PSD or NSR major
coverage. approving Wisconsin’s general permit source permit (NR 406.16); emission
Pursuant to NR 406.16(2) and NR program under section 112(l) of the Act units subject to section 111 or 112 of the
407.10(2), sources that are not eligible for the purpose of creating federally Act other than those deemed by WDNR
for coverage under general permits enforceable limitations on the potential not to preclude eligibility for the
include: Municipal solid waste to emit HAPs regulated under section registration operation permit; or
combustion sources; projects that 112. emission units that may cause or
require a Prevention of Significant B. Registration Permit Rule exacerbate, a violation of an ambient air
Deterioration (PSD) or New Source quality standard or air increment. NR
Review (NSR) permit or emission units Wisconsin Act 118 also provided 406.11(1) and NR 407.15(8) authorize
that may cause or exacerbate, a violation WDNR with the authority to develop a WDNR, among other things, to
of an ambient air quality standard or air registration permit program for withdraw a source from coverage of the
increment. Further, NR 406.11(1)(g) and construction and operation permits. The general or registration permits, and
NR 407.15(8) provide the methodologies registration permit program is designed provide the methodologies that WDNR
that WDNR will use to determine for to provide industry and the WDNR with must use to determine if a source
general construction and general a streamlined approach for permitting covered under a registration permit has
operation permits, respectively, whether sources with low actual or potential emissions that may cause or exacerbate
a source covered under a general permit emissions. The registration permit a violation of an ambient air quality
has emissions that may cause or program is also a mechanism to permit standard or air increment.
exacerbate a violation of an ambient air small sources that may otherwise be NR 406.17(4) and NR 407.105(4)
quality standard or air increment. subject to the Federally Enforceable describe the process for determining
The process for determining coverage State Operating Permit (FESOP) coverage under a registration
under a general construction or program and require an individual construction or operation permit,
operation permit is described under NR source permit. This program thereby respectively. This process requires the
406.16(3) and NR 407.10(3), reduces the permitting burden on both source to submit an application to the
respectively. This process requires the sources and the WDNR. Registration WDNR, who will then determine
source to submit an application to the construction permit provisions are whether the source is eligible for
WDNR, who will then determine codified at NR 406.17, and the coverage.
whether the source is eligible for registration operation permit provisions NR 406.17(5) requires that the terms
coverage. are codified at NR 407.105. A definition of a registration construction permit be
NR 406.16(4) of the Wisconsin was created for ‘‘registration permit’’ at incorporated into the facility’s
Administrative Code requires that the NR 400.02(131m). registration operation permit. NR
general construction permit be NR 406.17(1) and NR 407.105(1) allow 407.105(5) exempts sources with a
incorporated into the facility operation the WDNR to issue registration permits registration operation permit from
permit. NR 407.10(4) of the Wisconsin to sources which meet specific criteria. obtaining a construction permit for
Administrative Code creates an The process for issuing these permits construction activities that will not
exemption from the requirement to includes the preparation of an air violate the terms or conditions of the
obtain a construction permit for sources quality analysis and preliminary registration operation permit. NR
covered under a general operation determination, and the distribution of a 406.04(2m) also creates this exemption
permit as long as, among other things, notice of the opportunity for public and for sources that are covered under a
the modification does not result in a EPA comment and of the opportunity to registration or general operation permit.
violation of the terms and conditions of request a public hearing. Once WDNR NR 406.17(6) and NR 407.105(6)
the general operation permit. NR has issued the registration permit, describe the process by which a source
406.04(2m) creates a similar exemption individual sources may apply for with a registration construction or
for sources that are covered under either coverage. The registration permit will operation permit can apply for a
a registration or general operation essentially cap, or limit, the facility, or different type of permit. NR 407.105(7)
permit. unit emissions to a specified level. describes the criteria WDNR will use for

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Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules 55065

determining whether a facility under the III. Do These Rules Comply With A. Evaluation of the General Permit
registration operation permit is in Federal Requirements? Rule
compliance with all applicable
requirements. EPA reviewed Wisconsin’s July 28, The general permit rule establishes
2005, SIP revision submittal to the fundamental framework for the
The rule also creates provisions NR determine completeness, in accordance general permits to be issued by setting
406.18 and NR 407.107, which describe with the completeness criteria set out at certain criteria for developing the
the procedures for a person to petition 40 CFR part 51, appendix V (1991), as permits, and criteria under which
WDNR to develop a general or sources would qualify for coverage
amended by 57 FR 42216 (August 26,
registration construction or operation under the permits. WDNR will establish
1991). We found the submittal to be
permit for a category of stationary specific terms and conditions during the
complete, and sent a letter dated August
sources, and describes the factors that development of each general permit,
11, 2005, to the WDNR Bureau of Air
WDNR will consider in determining which then will be standard for all
Management Director indicating the
whether to grant or deny the petition. sources that are covered under the
completeness of the submittal.
Wisconsin’s registration permit permit.
The next step in the review process
program not only applies to criteria In the past, Wisconsin has issued
was EPA’s analysis of the State’s
pollutants, but also to hazardous air general operation permits for certain
submittal. EPA evaluated Wisconsin’s
pollutants (HAPs). Certain HAPs are, or source categories, such as rock crushers.
general and registration permit
will be, regulated under sections 111 WDNR now is establishing standard
programs with respect to the SIP
and 112 of the Act. Thus, EPA is also general construction permits with this
approving under section 112(l) of the approval criteria established in EPA’s
June 28, 1989, rulemaking rule, and revising its general operation
Act Wisconsin’s registration permit permit program. EPA has the authority
program for the purposes of creating ‘‘Requirements for the Preparation,
Adoption, and Submittal of to enforce these types of permits if the
federally enforceable limitations on the permit program establishing them is
potential to emit HAPs regulated under Implementation Plans,’’ (EPA’s 1989
approved into the SIP. EPA
section 112 of the Act. rulemaking); Approval and
acknowledged in our July 10, 1995
Promulgation of Implementation Plans,
C. Clarification to Grain Elevator memorandum, ‘‘White Paper for
54 FR 27274. In addition, EPA has
Exemption Streamlined Development of Part 70
evaluated portions of Wisconsin’s rule
Permit Applications,’’ as well as in
with respect to relevant EPA guidance
This rule amends provisions of various other policy and guidance
documents, as discussed in more detail
Wisconsin’s construction and operation documents related to permitting, the
below.
permit programs, NR 406.04(1) and NR development of general permits as a
407.03(1), respectively, relating to an The EPA’s 1989 rulemaking criteria mechanism for streamlining.
existing exemption for certain grain are as follows: For example, EPA’s April 14, 1998,
storage and processing facilities from 1. The state operating permit program memorandum ‘‘Potential to Emit (PTE)
needing to obtain a construction or (i.e., the regulations or other Guidance for Specific Source
operation permit. This clarification is administrative framework describing Categories’’ discusses approaches that
necessary to ensure that facilities with how such permits are issued) is permitting authorities can use to
column dryers and rack dryers that submitted and approved by EPA into establish enforceable emission limits,
remain below the major source the SIP. such as general permits. Generally
threshold for air permit programs are 2. The SIP imposes a legal obligation appropriate for less complex sources,
included in the exemption. This that operating permit holders adhere to states create a standard set of terms and
exemption does not apply to sources the terms and limitations of such conditions for many similar sources at
subject to New Source Performance permits (or subsequent revisions of the the same time. Sources wishing to be
Standards (NSPS), Standards of permit made in accordance with the subject to the general permit must
Performance for Grain Elevators, (40 approved operating permit program.) provide a notification to the permitting
CFR part 60, subpart DD) or subject to agency, and must comply with the
part 70 (40 CFR part 70). 3. The State operating permit program standard terms and conditions. This
requires that all emissions, limitations, EPA memorandum also states that ‘‘[i]n
D. Changes to Definitions, References, controls and other requirements making any change to a minor NSR
and Numbering imposed by such permits will be at least program, the State or local agency needs
as stringent as any other applicable to address air quality impact
Several other changes are being made limitation or requirement contained in
to Wisconsin’s construction and considerations in addition to those
the SIP or enforceable under the SIP, discussed here.’’ Additionally, Section
operation permit program rules, NR 406 and that the program may not issue
and NR 407. Several sections are 110 of the Act specifies that permit
permits that waive, or make less programs must ensure that the National
renumbered because of the addition of stringent, any limitation or requirement
new provisions and definitions. Ambient Air Quality Standards
contained in or issued pursuant to the (NAAQS) are protected.
Additional changes are being made to SIP, or that are otherwise ‘federally
NR 410, Wisconsin’s air permit fee enforceable’ (e.g., standards established Wisconsin’s submittal satisfies this
rules. NR 410.03(1)(a)(5), related to the under sections 111 and 112 of the Act). requirement. Rules NR 406.16(2)(c) and
fees for a construction permit revision, NR 407.10(2)(b), for general
is amended to exempt the fee if the 4. The limitations, controls, and construction and general operation
requested revision is to make the source requirements in the operating permits permits, respectively, state that a source
eligible for a registration operation are permanent, quantifiable and is ineligible for coverage under a general
permit. NR 410.03(1)(a)(6) and (7) otherwise enforceable as a practical permit if the emissions unit or units
provide that sources subject to Part 70 matter. cause or exacerbate, or may cause or
pay fees for coverage under a general or 5. The permits are issued subject to exacerbate, a violation of any ambient
registration construction permit. public participation. air quality standard or ambient air

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55066 Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules

increment, as determined by the WDNR notice of WDNR’s determination that provisions in Wisconsin’s statutes and
through an air quality assessment. the source is covered under the general regulations. In addition, NR 406.10,
Another guidance document, EPA’s permit; a description of any information which is an existing provision of the
January 25, 1995 memorandum that is missing from the application for Wisconsin SIP that addresses violations
‘‘Guidance an Enforceability the general permit; or notice of WDNR’s of a construction permit, states that a
Requirements for Limiting Potential to determination that the source does not source that fails to construct and operate
Emit through SIP and section 112 Rules qualify for coverage and the reasons for a stationary source in accordance with
and General Permits’’ (sic) (EPA’s 1995 that determination. conditions imposed by the WDNR under
guidance) discusses general permit rule EPA’s 1995 guidance also specifies Wisconsin statute s. 285.65 (which
requirements. This guidance states that that the rule establishing the general requires the establishment of permit
‘‘[a]lthough this concept [of general permit program must require that: ‘‘(1) conditions to ensure compliance with
permits] is generally thought of as an General permits apply to a specific and Wisconsin regulations and the Act) shall
element of Title V permit programs narrow category of sources; (2) sources be considered in violation of Wisconsin
there in no reason that a state or local electing coverage under general permits statute 285.60. Wisconsin statute s.
agency could not submit a general where coverage is not mandatory, 285.60 requires air pollution control
permit program as a SIP submittal provide notice or reporting to the permits for new or modified sources,
aimed at creating synthetic minor permitting authority; (3) general permits specifically a construction permit for
sources.’’ This guidance document provide specific and technically commencing construction,
further states that, although general accurate (verifiable) limits that restrict reconstruction, replacement or
permit programs can be separate from the potential to emit; (4) general permits modification of a stationary source, and
Title V permit programs, the issuance of contain specific compliance an operation permit before any person
general permits under the general requirements; (5) limits in general can operate a new source or a modified
permit program should comply with permits are established based on source. Further, NR 407.09(1)(f),
Title V procedures. Therefore, EPA will practicably enforceable averaging times; operation permit content, requires that
evaluate Wisconsin’s general permit and, (6) violations of the permit are permits include the following provision:
program with these procedures. That is, considered violations of the state and The permittee must comply with all
all general permits must meet certain federal requirements and result in the conditions of the permit and any
legal and practical federal requirements. source being subject to major source noncompliance with the operation
The guidance states ‘‘[w]ith respect to requirements.’’ Id. at 6. permit constitutes a violation of the
legal sufficiency, the operating permit With respect to the first requirement statutes and is grounds for enforcement
regulations provide that once the above, NR 406.16(1)(b) and NR action; for permit suspension,
general permit has been issued, after 407.10(1)(b) contain criteria to define revocation or revision; or for denial of
opportunity for public participation the types of sources for which WDNR a permit renewal application. The
and, EPA and affected State review, the can issue general construction and WDNR also retains the discretion to
permitting authority may grant or deny operation permits. These criteria serve determine whether violations of a
a sources request to be covered by a to describe and narrow the sources for registration or general permit result in
general permit without further public which WDNR may establish general the source becoming subject to major
participation or EPA or affected State permits. source permitting requirements.
review.’’ Id. at 4. Wisconsin’s general Regarding compliance with the With respect to EPA’s 1989
construction permit rule provides for second requirement of the 1995 rulemaking criteria discussed above,
public participation at NR 406.16(1)(c), guidance, sources electing to be covered EPA has determined that Wisconsin’s
which states that WDNR shall use the by Wisconsin’s non-mandatory general general permit program meets these
applicable procedures in Wisconsin construction or operation permits must criteria, as outlined below.
Statutes s. 285.61 and s. 285.63 to issue submit applications to the WDNR, upon 1. Wisconsin submitted the
a general construction permit. The which the agency must act. regulations and administrative
general operation permit rule at NR Wisconsin’s general permit program framework for the general permit rule,
407.10(1)(c) states that WDNR shall use satisfies requirements 3 to 5 of the 1995 under NR 400, NR 406, NR 407, and NR
the applicable procedures in Statutes s. guidance regarding emission limits, 410, as a revision to its SIP on July 28,
285.62 to issue the general operation compliance requirements, and averaging 2005. EPA’s approval of this section
permit. Both of these statutes require times. NR 406.16(1)(d) and NR would provide legal support for these
that the WDNR distribute a notice of the 407.10(1)(d) require that the general permit programs and, would satisfy the
availability of the proposed general construction and operation permits first criterion.
permit and of the WDNR’s analysis and contain applicability criteria, emission 2. Wisconsin’s rule imposes a legal
preliminary determination, a notice of limits, monitoring and record keeping obligation that permit holders adhere to
the opportunity for public comment and requirements, reporting requirements, the terms and limitations of the permits.
a notice of the opportunity to request a compliance demonstration methods and NR 406.10, violations of a construction
public hearing. general conditions appropriate for the permit, states that a source that fails to
The general permit rule also provides stationary source category. construct and operate a stationary
that the WDNR may grant or deny a Regarding the sixth requirement, that source in accordance with conditions
source’s request to be covered by a violations of the permit should be imposed by the WDNR under Wisconsin
general permit. NR 406.16(1)(c) and NR considered violations of the applicable statute s. 285.65, (which requires the
407.10(1)(c), for general construction requirement that result in the source establishment of permit conditions to
and operation permits, respectively, becoming subject to major source ensure compliance with Wisconsin
require the WDNR to prepare an air requirements, both NR 406.16(1)(d) and regulations and the Act,) shall be
quality analysis and a preliminary NR 407.10(1)(d) state that the general considered in violation of Wisconsin
determination on the approvability of construction and operation permit statute s. 285.60, (which requires the air
the proposed general permit. Both NR include terms and conditions required pollution control permit.) Also, NR
406.16(3)(c) and NR 407.10(3)(c) state to comply with the Act and required to 407.09(1)(f), an existing SIP provision
that WNDR must provide the applicant assure compliance with applicable that addresses operation permit content,

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requires that permits include the compliance with applicable regulations promulgated to implement
following provision: The permittee must requirements, compared to coverage that section 112(l) of the Act. 40 CFR
comply with all conditions of the permit does not expire. Although the general 63.91(a)(5) states, ‘‘[t]he Administrator
and any noncompliance with the operation permits can expire, the may, under the authority of section
operation permit constitutes a violation expiration ends the source’s right to 112(l) and this subpart, also approve a
of the statutes and is grounds for operate unless the permittee has State program designed to establish
enforcement action; for permit submitted a timely and complete limits on the potential to emit
suspension, revocation or revision; or renewal application or WDNR has hazardous air pollutants listed pursuant
for denial of a permit renewal issued a renewed operation permit. to section 112 of the Act.’’
application. This satisfies the second Based on the reasons above, the fourth Section 112(l) allows EPA to approve
approval criterion that the permittee criterion is met. a state’s permit program only if it meets
must comply with the permit 5. As discussed previously, the following statutory criteria for
conditions. Wisconsin’s rule requires that the approval under section 112(l)(5): (1) It
3. The permit program requires that general permits are issued subject to contains adequate authority to assure
all emissions, limitations, controls and public participation under NR compliance with any section 112
other requirements imposed by permits 406.16(1)(c) and NR 407.10(1)(c), for standards, regulations, or requirements
will be at least as stringent as any other construction and operation permits, established under section 112, (2) it
applicable limitation or requirement respectively. EPA has determined that, provides for adequate authority and
contained in the SIP or enforceable in cases where standardized permits resources to implement the program, (3)
under the SIP. NR 406.16(1)(d) and NR have been adopted, EPA and the public it provides for an expeditious schedule
407.10(1)(d) both require that the need not be involved in their for assuring compliance with section
general permit contain applicability application to individual sources as 112 requirements, and, (4) it is
criteria, emission caps and limitations, long as the standard permits themselves otherwise in compliance with Agency
monitoring and record keeping have been subject to notice and guidance and is likely to satisfy the
requirements, reporting requirements, opportunity to comment. EPA’s 1995 objectives of the Act.
compliance demonstration methods and guidance, on page 10. Specifically, EPA has determined that Wisconsin’s
general conditions appropriate for the EPA’s 1995 guidance states that ‘‘since general permit program meets these
source category; and, that the permit the rule establishing the program does 112(l) criteria as outlined below:
terms and conditions shall include not provide the specific standards to be First, Wisconsin’s general permit
those required to comply with the Act met by the source, each general permit, program contains adequate authority to
and those required to assure compliance but not each application under each assure compliance with section 112
with applicable provisions in general permit, must be issued pursuant standards or requirements. Both NR
Wisconsin’s rules (ch. 285, Stats., and to public and EPA notice and 406.16(1)(d) and NR 407.10(1)(d) state
chs. NR 400 to 499.) This provision comment.’’ Id. Wisconsin’s general that the general construction or
satisfies the third criterion. permit rule satisfies this criterion. operation permit shall contain
4. The limitations, controls, and Sources of HAPs may also be eligible applicability criteria, emission limits,
requirements in the permits will be for coverage under Wisconsin’s general monitoring and record keeping
permanent, quantifiable and otherwise permit rule. NR 406.16(2) and NR requirements, reporting requirements,
enforceable as a practical matter. As 407.10(2), which describe the sources compliance demonstration methods and
discussed above, Wisconsin’s general which are ineligible for coverage under general conditions; and that the permit
permit rule requires that WDNR provide a general construction or general terms and conditions shall include
a 30-day public comment on the operation permit, do not include those required to comply with the Act
proposed general permit, and it sources of HAPS. Therefore, EPA is and those required to assure compliance
specifies that the general permit will evaluating Wisconsin’s general permit with applicable provisions in
contain applicability criteria, emission program under section 112(l) of the Act Wisconsin’s regulations.
caps and limitations, monitoring and for the purposes of creating federally Furthermore, Wisconsin Statutes s.
record keeping requirements, reporting enforceable limitations on the potential 285 provides the authority for
requirements, compliance to emit HAPs. Wisconsin to administer and enforce all
demonstration methods and general Several EPA guidance documents of its permit programs. Section 285.11
conditions appropriate for the source address this issue, including EPA’s specifies that the WDNR shall: ‘‘(1)
category. During the comment period, November 3, 1993, guidance document, Promulgate rules implementing and
EPA has the opportunity to review the ‘‘Approaches to Creating Federally consistent with this chapter and statute
permit to ensure that the limitations, Enforceable Emissions Limits,’’ which 299.15; * * * (18) Adopt and apply
controls, and requirements in the states on page 2 that a state permit objective performance measurements,
permits are permanent, quantifiable and program could be extended to create for the subunit of the department that
otherwise enforceable as a practical federally enforceable limits for administers this chapter, relating to the
matter. Additionally, the general emissions of HAPs if the program were issuance of permits under subchapter
construction permits do not expire. For approved pursuant to section 112(l) of VII and to overall performance of the
general operation permits, NR the Act. Also, EPA’s 1995 guidance subunit.’’ In addition, section 285.13
407.10(1)(e) states that a general states on page 4 that a mechanism specifies WDNR’s powers, including
operation permit issued to a part 70 available to limit potential to emit is a ‘‘* * * (2) Issue orders to effectuate the
source category may not exceed 5 years, general permit program approved into purposes of this chapter and statute
and that general operation permits the SIP or under Section 112(1). 299.15 and enforce the same by all
issued to a non-part 70 source category Wisconsin’s general permit program appropriate administrative and judicial
shall only expire if an expiration date is may limit HAP emissions in permits proceedings.’’
requested by the source owner or and therefore must also be evaluated For criterion 2, regarding adequate
operator, or if the WDNR finds that with the approval criteria for programs resources, NR 410.03(1)(a)(6) requires
expiring coverage would significantly limiting potential to emit of HAPs under WDNR to collect fees from sources
improve the likelihood of continuing 40 CFR part 63, subpart E, the subject to 40 CFR Part 70 that are

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covered under the general construction for approval in several policy and guidance states on page 3 that
permit. The general operation permit guidance documents related to creating ‘‘[a]lthough this concept [of general
program also requires fees to be federally enforceable emissions limits permits] is generally thought of as an
collected, as described in the July 26, and approval of SIPs. element of Title V permit programs
2005, State budget. The State anticipates As discussed above, various there is no reason that a state or local
that its new fee structure, adopted in regulatory options exist for the creation agency could not submit a general
this budget, will provide sufficient of federally enforceable limits on permit program as a SIP submittal
resources to administer the general potential to emit. Several guidance aimed at creating synthetic minor
permit program. WDNR has submitted documents, including EPA’s November sources.’’ The guidance further states on
this revised fee structure along with a 3, 1993, memorandum, ‘‘Approaches to page 4 that ‘‘[a]nother mechanism
fee sufficiency demonstration to EPA for Creating Federally Enforceable Emission available to limit potential to emit is a
review. EPA will monitor the State’s Limits,’’ summarize these options. general permit program approved into
implementation of the permit program Major NSR permits, minor NSR permits the SIP or under section 112(1).’’
to assure that adequate resources (if EPA has approved the NSR program This guidance document further states
continue to be available. into the SIP and the program meets that, although general permit programs
Wisconsin’s general permit program certain procedural requirements), and can be separate from Title V permit
also meets the third requirement for an operating permits based on programs programs, the issuance of general
expeditious schedule to assure approved into the SIP pursuant to the permits should comply with Title V
compliance. Nothing in this program criteria in the June 28, 1989 Federal procedures. That is, all general permits
would allow a source to avoid or delay Register (54 FR 27274), are available must meet certain legal and practical
compliance with federal HAPs regulatory mechanisms. requirements for federal enforceability.
requirements if it fails to obtain the EPA’s April 14, 1998, memorandum The guidance states on page 4 ‘‘[w]ith
appropriate federally enforceable limit ‘‘Potential to Emit (PTE) Guidance for respect to legal sufficiency, the
by the relevant deadline. Specific Source Categories’’ also operating permit regulations provide
Fourth, Wisconsin’s general permit discusses on page 2 approaches that that once the general permit has been
program is consistent with the permitting authorities can use to issued, after opportunity for public
objectives of the section 112 program, establish enforceable emission limits participation and, EPA and affected
since its purpose is to enable sources to which ensure that a source’s potential State review, the permitting authority
obtain federally enforceable limits on emissions are below the major source may grant or deny a sources request to
potential to emit. This is also consistent threshold, such as using a general be covered by a general permit without
with the intent of the guidance permit. Under its registration permit further public participation or EPA or
documents discussed above. program, Wisconsin establishes permits affected State review.’’ Because
Based on the discussion above, EPA which, like general permits, contain Wisconsin’s registration permit program
has determined that Wisconsin’s general standardized conditions that will cap or is essentially a general permit that will
permit program is approvable under limit source or unit emissions below a contain standardized emissions
section 112(l). By approving certain threshold. The guidance states limitations, we have evaluated it using
Wisconsin’s general permit program, that sources wishing to be subject to the the criteria from EPA’s 1995 guidance
EPA recognizes it as a federally standard permit must provide a discussed above. Wisconsin’s
enforceable method of limiting a notification to the permitting agency, registration construction permit rule
source’s potential to emit HAPs. and must comply with the standard provides for public participation at NR
terms and conditions. Wisconsin’s 406.17(1)(b), which states that WDNR
B. Evaluation of the Registration Permit
registration permit program specifically shall use the applicable procedures in
Rule
requires sources to apply for coverage Wisconsin Statutes s. 285.61 to issue
The registration permit rule under NR 406.17(4) and NR 407.105(4), registration construction permits. NR
establishes the general framework for for registration construction and 407.105(1)(b) states that WDNR shall
the registration permits by setting operation permits, respectively. use the applicable procedures in
certain criteria for developing the EPA’s April 14, 1998 memorandum Statutes s. 285.62 to issue registration
permits and criteria under which states that, ‘‘[i]n making any change to operation permits. Both of these statutes
sources would qualify for coverage a minor NSR program, the State or local require that the WDNR distribute a
under the permits. Specific terms and agency needs to address air quality notice of the availability of the proposed
conditions will be established during impact considerations in addition to registration permit and of the WDNR’s
the development of each registration those discussed here.’’ Id. at 6. analysis and preliminary determination,
permit, which will then be standard for Additionally, Section 110 of the Act a notice of the opportunity for public
all sources that are covered under the specifies that permit programs must comment and a notice of the
permit. ensure that the NAAQS are protected. opportunity to request a public hearing.
In the past, Wisconsin has placed NR 406.17(3)(c) and NR 407.105(3)(c) Wisconsin’s registration permit rules
federally enforceable synthetic minor for registration construction and also provides that the WDNR may grant
limitations on sources through operation permits, respectively, state or deny a source’s request to be covered
individual permits issued pursuant to a that a source is ineligible for coverage by a registration permit. Both the
federally approved program. WDNR is under a registration permit if the registration construction and operation
now establishing standardized federally emissions unit or units cause or permit rules, at NR 406.17(1)(b) and NR
enforceable synthetic minor permits. exacerbate, or may cause or exacerbate, 407.105(1)(b), respectively, state that the
EPA has the authority to enforce the a violation of any ambient air quality WDNR shall prepare an air quality
terms of these permits if the permit standard or ambient air increment, as analysis and a preliminary
program under which they are issued is determined by the WDNR through an air determination on the approvability of
approved into the SIP. EPA has quality assessment. the proposed registration permit. NR
acknowledged this approach for creating EPA’s 1995 guidance, as discussed in 406.17(2) and NR 407.105(2) establish
emission limitations and discussed Section A, above, outlines general the criteria that the WDNR will use to
various criteria that must be considered permit rule requirements. Again, this determine if a facility is eligible for

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coverage under a registration permit. to comply with the Act and required to a permit renewal application. This
Additionally, NR 406.17(4)(c) and NR assure compliance with applicable satisfies the second approval criterion
407.105(4)(c) require that WDNR provisions in Wisconsin’s statutes and which requires that permit holders
provide notice of its determination that regulations. In addition, NR 406.10, abide by the permit conditions.
the source is covered under the which governs violations of a 3. The registration permit program
registration permit; a description of any construction permit, states that a source requires that all emissions, limitations,
information that is missing from the that fails to construct and operate a controls, and other requirements
application for coverage under the stationary source in accordance with imposed by permits will be at least as
registration permit; or a notice of its conditions imposed by the WDNR under stringent as any other applicable
determination that the source does not Wisconsin statutes. 285.65 (which limitation or requirement contained in
qualify for coverage, and the reasons for requires the establishment of permit the SIP or enforceable under the SIP. NR
that determination. conditions to ensure compliance with 406.17(1)(c) and NR 407.105(1)(c)
EPA’s 1995 guidance specifies that Wisconsin regulations and the Act) will require that the registration construction
the rule establishing the general permit be considered in violation of Wisconsin and operation permits contain
program must require that: ‘‘(1) General statutes. 285.60, (which requires the air applicability criteria, emission caps and
permits apply to a specific and narrow pollution control permit.) Also, NR limitations, monitoring and record
category of sources; (2) sources electing 407.09(1)(f), operation permit content, keeping requirements, reporting
coverage under general permits where requires permits to provide that the requirements, compliance
coverage is not mandatory, provide permittee must comply with all demonstration methods and general
notice or reporting to the permitting conditions of the permit and that any conditions; and, that the permit terms
authority; (3) general permits provide noncompliance with the operation and conditions shall include those
specific and technically accurate permit constitutes a violation of the required to comply with the Act and
(verifiable) limits that restrict the statutes and is grounds for enforcement those required to assure compliance
potential to emit; (4) general permits action; for permit suspension, with applicable provisions in
contain specific compliance revocation or revision; or for denial of Wisconsin’s rules (ch. 285, Stats., and
requirements; (5) limits in general a permit renewal application. Therefore, chs. NR 400 to 499.) This provision
permits are established based on EPA concludes that the portion of the satisfies the third criterion.
practicably enforceable averaging times; Wisconsin’s SIP which deals with 4. This criterion provides that
and (6) violations of the permit are registration permits complies with the limitations, controls, and requirements
considered violations of the state and 1995 guidance. in the permits are permanent,
federal requirements and result in the With respect to EPA’s 1989 quantifiable and otherwise enforceable
source being subject to major source rulemaking criteria, discussed above, as a practical matter. As discussed
requirements.’’ For the reasons EPA has determined that Wisconsin’s above, Wisconsin’s registration rule
explained previously, EPA will evaluate registration permit program meets these requires that a 30-day public comment
Wisconsin’s registration permit program criteria as outlined below: period be held on the proposed
based upon these general permit 1. Wisconsin submitted the registration permit, and it specifies that
program criteria with respect to regulations and administrative the registration permit will contain
establishing emissions limits. framework for the registration permit applicability criteria, emission caps and
For the first criterion, registration rule, under NR 400, NR 406, NR 407, limitations, monitoring and record
permits will be available to types of and NR 410, as a revision to its SIP on keeping requirements, reporting
sources that have low actual emissions July 28, 2005. EPA’s approval of this requirements, compliance
and that meet other criteria. These types section would provide legal support for demonstration methods and general
of sources may elect to limit their these permit programs and, would conditions. During the comment period,
emissions to specified levels. satisfy the first criterion. EPA has the opportunity to review the
Because coverage under Wisconsin’s 2. Wisconsin’s rule imposes a legal permits to ensure that the limitations,
registration permit program is not obligation that permit holders adhere to controls, and requirements in the
mandatory, and sources electing to be the terms and limitations of the permits. permits are permanent, quantifiable and
covered by a general permit must Existing SIP provision NR 406.10, otherwise enforceable as a practical
submit an application to the WDNR violations of a construction permit, matter. Additionally, the registration
which the agency must act on, the states that a source that fails to construct permits do not expire. The registration
registration permit program complies and operate a stationary source in permit program meets the fourth
with the second requirement. accordance with conditions imposed by criterion for permit program approval.
For requirements 3 to 5, regarding the WDNR under Wisconsin statutes. 5. As discussed previously,
emission limits, compliance 285.65, (which requires the Wisconsin’s rule requires that the
requirements, and averaging times, both establishment of permit conditions to registration construction and
NR 406.17(1)(c) and NR 407.105(1)(c) ensure compliance with Wisconsin registration operation permits are issued
require the registration construction or regulations and the Act), shall be subject to public participation under NR
operation permit to contain considered in violation of Wisconsin 406.17(1)(b) and NR 407.105(1)(b),
applicability criteria, emission limits, statutes. 285.60, (which requires the air respectively. EPA has determined that,
monitoring and record keeping pollution control permit.) Also, existing in cases where standardized permits
requirements, reporting requirements, SIP provision NR 407.09(1)(f), operation have been adopted, EPA and the public
compliance demonstration methods and permit content, requires that permits need not be involved in their
general conditions. provide that the permittee must comply application to individual sources as
Regarding criterion 6, that violations with all conditions of the permit, and long as the standard permits themselves
of the permit should be considered any noncompliance with the operation have been subject to notice and
violations of the applicable requirement, permit constitutes a violation of the opportunity to comment. Specifically,
both NR 406.17(1)(c) and NR statutes and is grounds for enforcement EPA’s 1995 guidance states on page 10,
407.105(1)(c) state that the permit must action; for permit suspension, ‘‘since the rule establishing the program
include terms and conditions required revocation or revision; or for denial of does not provide the specific standards

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55070 Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules

to be met by the source, each general pollutants listed pursuant to section 112 revised fee structure along with a fee
permit, but not each application under of the Act.’’ sufficiency demonstration to EPA for
each general permit, must be issued As discussed above, section 112(l) review. EPA will monitor the State’s
pursuant to public and EPA notice and allows EPA to approve a state’s permit implementation of the permit program
comment.’’ program only if it meets the following to assure that adequate resources
Sources of HAPs also may be eligible the statutory criteria for approval under continue to be available.
for coverage under Wisconsin’s section 112(l)(5): (1) It contains Regarding the third requirement,
registration permit rule. NR adequate authority to assure compliance Wisconsin’s registration permit program
406.17(2)(a)(1) and NR 407.105(2)(a)(1), with any section 112 standards or provides for an expeditious schedule for
the criteria for issuance of registration requirements, (2) it provides for assuring compliance. Nothing in this
construction and operation permits, adequate resources, (3) it provides for an program would allow a source to avoid
respectively, specify that the actual expeditious schedule for assuring or delay compliance with the Federal
emissions from sources will not exceed compliance with section 112 requirement if it fails to obtain the
25% of any major source threshold in requirements, and, (4) it is otherwise appropriate federally enforceable limit
NR 407.02(4). NR 407.02(4) includes likely to satisfy the objectives of the Act. by the relevant deadline.
sources that emit HAPs listed under EPA has determined that Wisconsin’s Fourth, Wisconsin’s registration
section 112(b) of the Act. NR 406.17(3) registration permit program meets these permit program is consistent with the
and 407.105(3), which describe types of 112(l) criteria as outlined below. objectives of the section 112 program,
sources which are ineligible for First, Wisconsin’s registration permit since its purpose is to enable sources to
coverage under registration construction program contains adequate authority to obtain federally enforceable limits on
and operation permits, does not include assure compliance with section 112 potential to emit. This also is consistent
standards or requirements. NR with the intent of the guidance
sources of HAPS. Furthermore, NR
406.17(1)(c) and NR 407.105(1)(c) both documents discussed above.
406.17(3)(d) states that sources
state that a registration construction or Based on the discussion above, EPA
ineligible for registration construction has determined that Wisconsin’s
operation permit must contain
permits include an emission unit or registration permit program is
applicability criteria, emission caps and
units subject to a standard or regulation approvable under section 112(l). By
limitations, monitoring and record
under section 111 or 112 of the Act, approving Wisconsin’s registration
keeping requirements, reporting
other than those contained in the permit program, EPA recognizes the
requirements, compliance
registration construction permit or those program as a federally enforceable
demonstration methods and general
determined by WDNR not to preclude method of limiting a source’s potential
conditions; and that the permit terms
eligibility for the registration and conditions shall include those to emit HAPs.
construction permit. Therefore, EPA is required to comply with the Act and
evaluating Wisconsin’s registration C. Evaluation of the Clarification to
those required to assure compliance Grain Elevator Exemption
permit program under section 112(l) of with applicable provisions in
the Act for the purposes of creating Wisconsin’s regulations. EPA reviewed Wisconsin’s permit
federally enforceable limitations on the Furthermore, Wisconsin Statutes s. exemption with regard to its potential
potential to emit HAPs. 285 provides the authority for emissions and with respect to relevant
As discussed above, several EPA Wisconsin to administer and enforce all EPA guidance, such as EPA’s November
guidance documents address the of its permit programs. Section 285.11 14, 1995, memorandum, ‘‘Calculating
creation of limitations on the potential specifies that the WDNR shall: ‘‘(1) the Potential to Emit (PTE) for Grain
to emit HAPs, including EPA’s Promulgate rules implementing and Handling Facilities.’’ The WDNR
November 3, 1993, guidance document, consistent with this chapter and statute provided EPA with additional
‘‘Approaches to Creating Federally 299.15; * * * (18) Adopt and apply documentation regarding its grain
Enforceable Emissions Limits.’’ This objective performance measurements, storage and grain handling facilities
guidance states on page 2 that a state for the subunit of the department that exemption in a May 31, 2005, internal
permit program could be extended to administers this chapter, relating to the memorandum which contains its PTE
create federally enforceable limits for issuance of permits under subchapter calculations for these permit
emissions of HAPs if the program were VII and to overall performance of the exemptions. This document
approved pursuant to section 112(l) of subunit.’’ In addition, section 285.13 demonstrates and clarifies the
the Act. Also, EPA’s 1995 guidance on specifies WDNR’s powers, including following: Only non-part 70 sources are
page 4 states that a mechanism available ‘‘* * * (2) Issue orders to effectuate the eligible for the air operation permit
to limit potential to emit is a general purposes of this chapter and statute exemptions; only non-NSPS sources are
permit program approved into the SIP or 299.15 and enforce the same by all eligible for the air construction and
under Section 112(1). Wisconsin may appropriate administrative and judicial operation permit exemptions; air
establish a registration permit to cap or proceedings.’’ emission calculations for the ‘‘worst
limit HAP emissions in permits and, For criterion 2, regarding adequate case’’ facility exempt from operation
therefore, is eligible under the 1995 resources, NR 410.03(1)(a)(7) provides permit requirements demonstrate that
guidance for evaluation under 40 CFR that sources subject to 40 CFR part 70 the Particulate Matter (PM–10) emission
part 63, subpart E, the regulations must pay fees for coverage under a rate is 29.6 tons per year, which is
promulgated to implement section registration construction permit. The below the 100 tons per year part 70
112(l) of the Act, as a program that the registration operation permit also major source threshold level; air
state can use to limit a source’s potential requires fees to be collected, as emission calculations for the ‘‘worst
to emit HAPs. 40 CFR 63.91(a)(5) states described in the July 26, 2005, state case’’ facility exempt from construction
that ‘‘[t]he Administrator may, under budget. The State anticipates that its permit requirements demonstrate that
the authority of section 112(l) and this new fee structure, adopted in this the PM–10 emission rate is 8.8 tons per
subpart, also approve a State program budget, will provide sufficient resources year; and sources subject to PSD are
designed to establish limits on the to administer the registration permit excluded from the construction permit
potential to emit hazardous air program. WDNR has submitted this exemptions in ch. NR 406, Wis. Adm.

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Code. Based on this information, EPA is significantly or uniquely affect small standards in place of a program
proposing to approve these exemptions. governments, as described in the submission that otherwise satisfies the
Unfunded Mandates Reform Act of 1995 provisions of the Act. Therefore, the
D. Evaluation of the Changes to
(Pub. L. 104–4). requirements of section 12(d) of the
Definitions, References, and Numbering
NTTA do not apply.
Several definitions were created or Executive Order 13175 Consultation
amended due to the creation of the and Coordination With Indian Tribal Civil Justice Reform
general and registration permit Governments As required by section 3 of Executive
programs. In addition, several regulatory This proposed action does not have Order 12988 (61 FR 4729, February 7,
citations were revised as well as other tribal implications because it will not 1996), in issuing this rule, EPA has
administrative changes related to the have a substantial direct effect on one or taken the necessary steps to eliminate
registration and general permit more Indian tribes, on the relationship drafting errors and ambiguity, minimize
programs. All of the changes, as between the Federal Government and potential litigation, and provide a clear
described in Part I, Section D, ‘‘Changes Indian tribes, or on the distribution of legal standard for affected conduct.
to Definitions, References, and power and responsibilities between the Governmental Interference With
Numbering’’, are consistent with Federal Government and Indian tribes, Constitutionally Protected Property
Wisconsin’s statutes and the Act. as specified by Executive Order 13175 Rights
IV. What Action Is EPA Taking Today? (65 FR 67249, November 9, 2000).
EPA has complied with Executive
EPA is proposing to approve revisions Executive Order 13132 Federalism Order 12630 (53 FR 8859, March 15,
to Wisconsin SIP rules NR 400, 406, This proposed action does not have 1988) by examining the takings
407, and 410 submitted by the State on Federalism implications because it does implications of the rule in accordance
July 28, 2005. EPA also is soliciting not have substantial direct effects on the with the ‘‘Attorney General’s
comment on this proposed approval. states, on the relationship between the Supplemental Guidelines for the
national government and the states, or Evaluation of Risk and Avoidance of
V. Statutory and Executive Order Unanticipated Takings’’ issued under
Reviews on the distribution of power and
responsibilities among the various the executive order, and has determined
Executive Order 12866; Regulatory levels of government, as specified in that the rule’s requirements do not
Planning and Review Executive Order 13132 (64 FR 43255, constitute a taking.
Under Executive Order 12866 (58 FR August 10, 1999). This action merely Paperwork Reduction Act
51735, October 4, 1993), this proposed proposes to approve a state rule
implementing a federal standard, and This proposed action does not impose
action is not a ‘‘significant regulatory an information collection burden under
action’’ and therefore is not subject to does not alter the relationship or the
distribution of power and the provisions of the Paperwork
review by the Office of Management and Reduction Act of 1995 (44 U.S.C. 3501
Budget. responsibilities established in the Act.
et seq.).
Executive Order 13211: Actions That Executive Order 13045 Protection of
Children From Environmental Health List of Subjects in 40 CFR Part 52
Significantly Affect Energy Supply,
Distribution, or Use and Safety Risks Environmental protection, Air
This proposed approval is not subject pollution control, Carbon monoxide,
Because it is not a ‘‘significant Intergovernmental relations, Lead,
regulatory action’’ under Executive to Executive Order 13045 ‘‘Protection of
Children from Environmental Health Nitrogen dioxide, Ozone, Particulate
Order 12866 or a ‘‘significant energy matter, Reporting and recordkeeping
action,’’ this action also is not subject to Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not a requirements, Sulfur oxides, Volatile
Executive Order 13211, ‘‘Actions organic compounds.
Concerning Regulations That significant regulatory action under
Significantly Affect Energy Supply, executive order 12866. Dated: September 12, 2005.
Distribution, or Use’’ (66 FR 28355, May Bharat Mathur,
National Technology Transfer
22, 2001). Acting Regional Administrator, Region 5.
Advancement Act
[FR Doc. 05–18722 Filed 9–19–05; 8:45 am]
Regulatory Flexibility Act Section 12(d) of the National BILLING CODE 6560–50–P
This action merely proposes to Technology Transfer and Advancement
approve state law as meeting Federal Act of 1995 (NTTA), 15 U.S.C. 272,
requirements and imposes no additional requires federal agencies to use
DEPARTMENT OF HOMELAND
requirements beyond those imposed by technical standards that are developed
SECURITY
state law. Accordingly, the or adopted by voluntary consensus to
Administrator certifies that this carry out policy objectives, so long as Federal Emergency Management
proposed rule will not have a significant such standards are not inconsistent with Agency
economic impact on a substantial applicable law or otherwise
number of small entities under the impracticable. In reviewing program 44 CFR Part 67
Regulatory Flexibility Act (5 U.S.C. 601 submissions, EPA’s role is to approve
state choices, provided that they meet [Docket No. FEMA–D–7638]
et seq.).
the criteria of the Act. Absent a prior
Unfunded Mandates Reform Act Proposed Flood Elevation
existing requirement for the state to use
Determinations
Because this action proposes to voluntary consensus standards, EPA has
approve pre-existing requirements no authority to disapprove a program AGENCY: Federal Emergency
under state law and does not impose submission for failure to use such Management Agency (FEMA),
any additional enforceable duty beyond standards, and it would thus be Emergency Preparedness and Response
that required by state law, it does not inconsistent with applicable law for Directorate, Department of Homeland
contain any unfunded mandate or EPA to use voluntary consensus Security.

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