Approval and Promulgation of Implementation Plan; Wisconsin

On August 29, 2003, EPA published a final rule approving the emission averaging program for existing sources subject to the state's rule limiting oxides of nitrogen (NO<INF>X</INF>) emissions in southeast Wisconsin. On November 10, 2004 (69 FR 65069), EPA published a direct final rule approving a revision to the state rule that modifies language to clarify which sources are eligible to participate in the NO<INF>X</INF> emission averaging program. In addition, the revision creates a separate categorical emission limit for new combustion turbines burning biologically derived gaseous fuels. On November 10, 2004 (69 FR 65117), EPA also published a proposed rule on this revision. The direct final rule stated that if EPA received an adverse comment, EPA would withdraw the direct final rule and address all public comments received in a subsequent final rule based on the proposed rule. EPA received an adverse comment and withdrew the direct final rule on January 10, 2005 (70 FR 1663). This rule responds to the comment received and announces EPA's final action.