Reclassification of the Sheboygan, Wisconsin Area To Moderate Nonattainment for the 2008 Ozone NAAQS, 66617-66619 [2016-23294]

Download as PDF sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land VerDate Sep<11>2014 17:27 Sep 27, 2016 Jkt 238001 or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because redesignation is an action that affects the status of a geographical area and does not impose any new regulatory requirements on tribes, impact any existing sources of air pollution on tribal lands, nor impair the maintenance of ozone national ambient air quality standards in tribal lands. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Oxides of nitrogen, Ozone, Volatile organic compounds. Dated: September 19, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. [FR Doc. 2016–23301 Filed 9–27–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–R05–OAR–2016–0277; FRL–9953–09– Region 5] Reclassification of the Sheboygan, Wisconsin Area To Moderate Nonattainment for the 2008 Ozone NAAQS Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to determine that the Sheboygan, Wisconsin area (Sheboygan County) has failed to attain the 2008 ozone National Ambient Air Quality Standards (NAAQS) by the applicable attainment date of July 20, 2016, and that this area is not eligible for an extension of the attainment date. EPA is proposing to reclassify this area as ‘‘moderate’’ nonattainment for the 2008 ozone NAAQS. Once reclassified as moderate, the State of Wisconsin must submit State Implementation Plan (SIP) revisions that meet the statutory and regulatory requirements that apply to areas classified as moderate nonattainment for the 2008 ozone NAAQS. EPA is proposing to require submission of the necessary moderate area SIP revisions as expeditiously as practicable, but no later than January 1, 2017. SUMMARY: PO 00000 Frm 00073 Fmt 4702 Sfmt 4702 66617 Comments must be received on or before October 28, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2016–0277 at https:// www.regulations.gov or via email to Aburano.Douglas@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Kathleen D’Agostino, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–1767, dagostino.kathleen@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This SUPPLEMENTARY INFORMATION section is arranged as follows: DATES: I. Background II. How does EPA determine whether an area has attained the 2008 ozone standard? III. What is EPA proposing and what is the rationale? IV. Summary of Proposed Actions V. Statutory and Executive Order Reviews I. Background On April 30, 2012, the Sheboygan area was designated as nonattainment for the 2008 ozone NAAQS and was classified as marginal, effective July 20, 2012 (77 FR 30088, May 21, 2012). On March 6, 2015 (80 FR 12264), in the implementation rule for the 2008 ozone E:\FR\FM\28SEP1.SGM 28SEP1 66618 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules NAAQS, EPA established an attainment deadline of July 20, 2015, for marginal areas. Clean Air Act (CAA) section 181(b)(2) requires EPA to determine, based on an area’s ozone design value 1 as of the area’s attainment deadline, whether the area has attained the ozone standard by that date. The statute provides a mechanism by which states that meet certain criteria may request and be granted by the EPA Administrator a oneyear extension of an area’s attainment deadline. The CAA also requires that areas that have not attained the standard by their attainment deadlines be reclassified to either the next ‘‘highest’’ classification (e.g., marginal to moderate, moderate to serious, etc.) or to the classifications applicable to the areas’ design values. On May 4, 2016 (81 FR 26697), based on EPA’s evaluation and determination that the area met the attainment date extension criteria of CAA section 181(8)(5), EPA granted the Sheboygan area a one-year extension of the marginal area attainment date to July 20, 2016. II. How does EPA determine whether an area has attained the 2008 ozone standard? Under EPA regulations at 40 CFR part 50, appendix P, the 2008 ozone NAAQS is attained at a site when the three-year average of the annual fourth-highest daily maximum eight-hour average ambient air quality ozone concentration is less than or equal to 0.075 parts per million (ppm). This three-year average is referred to as the design value. When the design value is less than or equal to 0.075 ppm at each ambient air quality monitoring site within the area, then the area is deemed to be meeting the NAAQS. The rounding convention under 40 CFR part 50, appendix P, dictates that concentrations shall be reported in ppm to the third decimal place, with additional digits to the right being truncated. Thus, a computed three-year average ozone concentration of 0.076 ppm is greater than 0.075 ppm and, therefore, over the standard. EPA’s determination is based upon data that have been collected and quality-assured in accordance with 40 CFR part 58 and recorded in EPA’s Air Quality System database (formerly known as the Aerometric Information Retrieval System). Ambient air quality monitoring data for the three-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percent of required monitoring days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined according to appendix P of part 50. III. What is EPA proposing and what is the rationale? A. Determination of Failure To Attain and Reclassification EPA is issuing this proposal pursuant to the agency’s statutory obligation under CAA section 181(b)(2) to determine whether the Sheboygan nonattainment area has attained the 2008 ozone NAAQS by the applicable attainment date of July 20, 2016. In this action, EPA is proposing to determine that the Sheboygan area failed to attain the 2008 ozone NAAQS by the applicable attainment date of July 20, 2016. This area is not eligible for an additional one-year attainment date extension because, at 0.076 ppm, the average of the 2014 and 2015 annual fourth highest daily maximum eighthour average ozone concentrations for the monitor in the area is greater than 0.075 ppm. (2014 and 2015 are the last two full years of complete air quality data prior to the July 20, 2016, attainment date.) Table 2 shows the relevant monitoring data for the Sheboygan area. TABLE 2 County Sheboygan, WI ............. sradovich on DSK3GMQ082PROD with PROPOSALS Area Monitor Sheboygan .................. 2013 4th high 2014 4th high 2015 4th high 2013–2015 Average 0.078 0.072 0.081 0.077 Kohler Andre Park 551170006. associated with each classification are prescribed by the CAA and codified at 40 CFR 51.1103. CAA section 181(b)(2)(A) provides that a marginal nonattainment area shall be reclassified by operation of law upon a determination by the EPA that such area failed to attain the relevant NAAQS by the applicable attainment date. Based on quality-assured ozone monitoring data from 2013–2015, as shown in Table 2, the new classification applicable to the Sheboygan area would be the next higher classification of ‘‘moderate’’ under the CAA statutory scheme.2 Moderate nonattainment areas are required to attain the standard ‘‘as expeditiously as practicable’’ but no later than six years after the initial designation as nonattainment (which, in the case of the Sheboygan area, is July 20, 2018). The attainment deadlines Wisconsin will be required to submit a revised SIP that addresses the CAA’s moderate nonattainment area requirements, as interpreted and described in the final ozone NAAQS. See 40 CFR 51.1100 et seq. Those requirements include: (1) An attainment demonstration (CAA section 182(b) and 40 CFR 51.1108); (2) provisions for volatile organic compounds (VOC) and nitrogen oxides (NOX) reasonably available control technology (RACT) (CAA section 182(b)(2) and 40 CFR 1 An area’s ozone design value for the eight-hour ozone NAAQS is the highest three-year average of the annual fourth-highest daily maximum eighthour average concentrations of all monitors in the area. To determine whether an area has attained the ozone NAAQS prior to the attainment date, EPA considers the monitor-specific ozone design values in the area for the most recent three years with complete, quality-assured monitored ozone data prior to the attainment deadline. VerDate Sep<11>2014 17:27 Sep 27, 2016 Jkt 238001 B. Moderate Area SIP Revision Submission Deadline PO 00000 Frm 00074 Fmt 4702 Sfmt 4702 51.1112(a)–(b)) and reasonably available control measures (RACM) (CAA section 172(c)(1) and 40 CFR 51.1112(c)); (3) reasonable further progress (RFP) reductions in VOC and/or NOx emissions in the area (CAA sections 172(c)(2) and 182(b)(1) and 40 CFR 51.1110); (4) contingency measures to be implemented in the event of failure to meet a milestone or to attain the standard (CAA section 172(c)(9)); (5) a vehicle inspection and maintenance program, if applicable (CAA section 181(b)(4) and 40 CFR 51.350); and, (6) NOX and VOC emission offsets at a ratio of 1.15 to 1 for major source permits (CAA section 182(b)(5) and 40 CFR 51.165(a)). See also the requirements for moderate ozone nonattainment areas set 2 The 2013–2015 design value the Sheboygan area does not exceed 0.100 ppm, which is the threshold for reclassifying an area to serious per CAA section 181(b)(2)(A)(ii) and 40 CFR 51.1103. E:\FR\FM\28SEP1.SGM 28SEP1 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS forth in CAA section 182(b) and the general nonattainment plan provisions required under CAA section 172(c). When an area is reclassified under CAA section 181(b)(2), CAA section 182(i) requires the state to meet the new requirements according to the schedules prescribed in those requirements. It provides, however, ‘‘that the Administrator may adjust any applicable deadlines (other than attainment dates) to the extent such adjustment is necessary or appropriate to assure consistency among the required submissions.’’ CAA section 182(b), as interpreted by 40 CFR 51.1100 et seq., describes the required SIP revisions and associated deadlines for a nonattainment area classified as moderate at the time of the initial designations. However, these SIP submission deadlines (e.g., three years after the effective date of designation for submission of an attainment plan and attainment demonstration) have already passed. Accordingly, EPA is proposing to exercise its discretion under CAA section 182(i) to adjust the SIP submittal deadlines for the Sheboygan area. In determining an appropriate deadline for the moderate area SIP revisions for the Sheboygan area, EPA notes that, pursuant to 40 CFR 51.1108(d), the state must provide for implementation of all control measures needed for attainment no later than the beginning of the attainment year ozone season. The attainment year ozone season is the ozone season immediately preceding a nonattainment area’s attainment date. In the case of nonattainment areas classified as moderate for the 2008 ozone NAAQS, the attainment year ozone season is the 2017 ozone season (40 CFR 51.1100(h)). Further, in the implementation rule for the 2008 ozone NAAQS, EPA established the requirement for areas to implement RACT measures as expeditiously as practicable, but no later than January 1 of the fifth year after the effective date of a nonattainment designation. (81 FR 12280) For the nonattainment designations that were effective July 20, 2012, this would require RACT measures (for areas where they are required) to be implemented by January 1, 2017. This implementation deadline ensured that RACT measures would be required to be in place no later VerDate Sep<11>2014 17:27 Sep 27, 2016 Jkt 238001 than the last ozone season prior to the moderate area attainment date of July 20, 2018. The January 1, 2017, SIP submission deadline is consistent with the SIP submission deadline established for all other Marginal nonattainment areas in the country that were recently reclassified to Moderate for the 2008 ozone NAAQS,3 and is consistent with the timeframes in the CAA as codified in the EPA’s implementing regulations. Accordingly, EPA is proposing to require Wisconsin to submit the required SIP revisions no later than January 1, 2017. IV. Summary of Proposed Actions EPA is proposing to determine that the Sheboygan area failed to attain the 2008 ozone NAAQS by the applicable attainment date of July 20, 2016, is not eligible for an additional one-year attainment date extension, and must be reclassified as moderate. EPA is also proposing to require Wisconsin to submit SIP revisions to address moderate area requirements as expeditiously as practicable, but no later than January 1, 2017. V. Statutory and Executive Order Reviews Under section 181(b)(2) of the CAA, a determination of nonattainment is a factual determination based upon air quality considerations and the resulting reclassification must occur by operation of law. A determination of nonattainment and the resulting reclassification of a nonattainment area by operation of law under section 181(b)(2) does not in and of itself create any new requirements, but rather applies the requirements contained in the CAA. For these reasons, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a 66619 substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 81 Environmental protection, Administrative practice and procedure, Air pollution control, Designations and classifications, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 14, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. [FR Doc. 2016–23294 Filed 9–27–16; 8:45 am] 3 See PO 00000 81 FR 26697 (May 4, 2016). Frm 00075 Fmt 4702 Sfmt 9990 BILLING CODE 6560–50–P E:\FR\FM\28SEP1.SGM 28SEP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Proposed Rules]
[Pages 66617-66619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23294]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R05-OAR-2016-0277; FRL-9953-09-Region 5]

Reclassification of the Sheboygan, Wisconsin Area To Moderate
Nonattainment for the 2008 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Sheboygan, Wisconsin area (Sheboygan County) has
failed to attain the 2008 ozone National Ambient Air Quality Standards
(NAAQS) by the applicable attainment date of July 20, 2016, and that
this area is not eligible for an extension of the attainment date. EPA
is proposing to reclassify this area as ``moderate'' nonattainment for
the 2008 ozone NAAQS. Once reclassified as moderate, the State of
Wisconsin must submit State Implementation Plan (SIP) revisions that
meet the statutory and regulatory requirements that apply to areas
classified as moderate nonattainment for the 2008 ozone NAAQS. EPA is
proposing to require submission of the necessary moderate area SIP
revisions as expeditiously as practicable, but no later than January 1,
2017.

DATES: Comments must be received on or before October 28, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0277 at https://www.regulations.gov or via email to
Aburano.Douglas@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
dagostino.kathleen@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Background
II. How does EPA determine whether an area has attained the 2008
ozone standard?
III. What is EPA proposing and what is the rationale?
IV. Summary of Proposed Actions
V. Statutory and Executive Order Reviews

I. Background

On April 30, 2012, the Sheboygan area was designated as
nonattainment for the 2008 ozone NAAQS and was classified as marginal,
effective July 20, 2012 (77 FR 30088, May 21, 2012). On March 6, 2015
(80 FR 12264), in the implementation rule for the 2008 ozone

[[Page 66618]]

NAAQS, EPA established an attainment deadline of July 20, 2015, for
marginal areas.
Clean Air Act (CAA) section 181(b)(2) requires EPA to determine,
based on an area's ozone design value \1\ as of the area's attainment
deadline, whether the area has attained the ozone standard by that
date. The statute provides a mechanism by which states that meet
certain criteria may request and be granted by the EPA Administrator a
one-year extension of an area's attainment deadline. The CAA also
requires that areas that have not attained the standard by their
attainment deadlines be reclassified to either the next ``highest''
classification (e.g., marginal to moderate, moderate to serious, etc.)
or to the classifications applicable to the areas' design values.
---------------------------------------------------------------------------

\1\ An area's ozone design value for the eight-hour ozone NAAQS
is the highest three-year average of the annual fourth-highest daily
maximum eight-hour average concentrations of all monitors in the
area. To determine whether an area has attained the ozone NAAQS
prior to the attainment date, EPA considers the monitor-specific
ozone design values in the area for the most recent three years with
complete, quality-assured monitored ozone data prior to the
attainment deadline.
---------------------------------------------------------------------------

On May 4, 2016 (81 FR 26697), based on EPA's evaluation and
determination that the area met the attainment date extension criteria
of CAA section 181(8)(5), EPA granted the Sheboygan area a one-year
extension of the marginal area attainment date to July 20, 2016.

II. How does EPA determine whether an area has attained the 2008 ozone
standard?

Under EPA regulations at 40 CFR part 50, appendix P, the 2008 ozone
NAAQS is attained at a site when the three-year average of the annual
fourth-highest daily maximum eight-hour average ambient air quality
ozone concentration is less than or equal to 0.075 parts per million
(ppm). This three-year average is referred to as the design value. When
the design value is less than or equal to 0.075 ppm at each ambient air
quality monitoring site within the area, then the area is deemed to be
meeting the NAAQS. The rounding convention under 40 CFR part 50,
appendix P, dictates that concentrations shall be reported in ppm to
the third decimal place, with additional digits to the right being
truncated. Thus, a computed three-year average ozone concentration of
0.076 ppm is greater than 0.075 ppm and, therefore, over the standard.
EPA's determination is based upon data that have been collected and
quality-assured in accordance with 40 CFR part 58 and recorded in EPA's
Air Quality System database (formerly known as the Aerometric
Information Retrieval System). Ambient air quality monitoring data for
the three-year period must meet a data completeness requirement. The
ambient air quality monitoring data completeness requirement is met
when the average percent of required monitoring days with valid ambient
monitoring data is greater than 90 percent, and no single year has less
than 75 percent data completeness as determined according to appendix P
of part 50.

III. What is EPA proposing and what is the rationale?

A. Determination of Failure To Attain and Reclassification

EPA is issuing this proposal pursuant to the agency's statutory
obligation under CAA section 181(b)(2) to determine whether the
Sheboygan nonattainment area has attained the 2008 ozone NAAQS by the
applicable attainment date of July 20, 2016. In this action, EPA is
proposing to determine that the Sheboygan area failed to attain the
2008 ozone NAAQS by the applicable attainment date of July 20, 2016.
This area is not eligible for an additional one-year attainment date
extension because, at 0.076 ppm, the average of the 2014 and 2015
annual fourth highest daily maximum eight-hour average ozone
concentrations for the monitor in the area is greater than 0.075 ppm.
(2014 and 2015 are the last two full years of complete air quality data
prior to the July 20, 2016, attainment date.) Table 2 shows the
relevant monitoring data for the Sheboygan area.

Table 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013-2015
Area County Monitor 2013 4th high 2014 4th high 2015 4th high Average
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sheboygan, WI....................... Sheboygan............. Kohler Andre Park 0.078 0.072 0.081 0.077
551170006.
--------------------------------------------------------------------------------------------------------------------------------------------------------

CAA section 181(b)(2)(A) provides that a marginal nonattainment
area shall be reclassified by operation of law upon a determination by
the EPA that such area failed to attain the relevant NAAQS by the
applicable attainment date. Based on quality-assured ozone monitoring
data from 2013-2015, as shown in Table 2, the new classification
applicable to the Sheboygan area would be the next higher
classification of ``moderate'' under the CAA statutory scheme.\2\
---------------------------------------------------------------------------

\2\ The 2013-2015 design value the Sheboygan area does not
exceed 0.100 ppm, which is the threshold for reclassifying an area
to serious per CAA section 181(b)(2)(A)(ii) and 40 CFR 51.1103.
---------------------------------------------------------------------------

Moderate nonattainment areas are required to attain the standard
``as expeditiously as practicable'' but no later than six years after
the initial designation as nonattainment (which, in the case of the
Sheboygan area, is July 20, 2018). The attainment deadlines associated
with each classification are prescribed by the CAA and codified at 40
CFR 51.1103.

B. Moderate Area SIP Revision Submission Deadline

Wisconsin will be required to submit a revised SIP that addresses
the CAA's moderate nonattainment area requirements, as interpreted and
described in the final ozone NAAQS. See 40 CFR 51.1100 et seq. Those
requirements include: (1) An attainment demonstration (CAA section
182(b) and 40 CFR 51.1108); (2) provisions for volatile organic
compounds (VOC) and nitrogen oxides (NOX) reasonably
available control technology (RACT) (CAA section 182(b)(2) and 40 CFR
51.1112(a)-(b)) and reasonably available control measures (RACM) (CAA
section 172(c)(1) and 40 CFR 51.1112(c)); (3) reasonable further
progress (RFP) reductions in VOC and/or NOx emissions in the area (CAA
sections 172(c)(2) and 182(b)(1) and 40 CFR 51.1110); (4) contingency
measures to be implemented in the event of failure to meet a milestone
or to attain the standard (CAA section 172(c)(9)); (5) a vehicle
inspection and maintenance program, if applicable (CAA section
181(b)(4) and 40 CFR 51.350); and, (6) NOX and VOC emission
offsets at a ratio of 1.15 to 1 for major source permits (CAA section
182(b)(5) and 40 CFR 51.165(a)). See also the requirements for moderate
ozone nonattainment areas set

[[Page 66619]]

forth in CAA section 182(b) and the general nonattainment plan
provisions required under CAA section 172(c).
When an area is reclassified under CAA section 181(b)(2), CAA
section 182(i) requires the state to meet the new requirements
according to the schedules prescribed in those requirements. It
provides, however, ``that the Administrator may adjust any applicable
deadlines (other than attainment dates) to the extent such adjustment
is necessary or appropriate to assure consistency among the required
submissions.'' CAA section 182(b), as interpreted by 40 CFR 51.1100 et
seq., describes the required SIP revisions and associated deadlines for
a nonattainment area classified as moderate at the time of the initial
designations. However, these SIP submission deadlines (e.g., three
years after the effective date of designation for submission of an
attainment plan and attainment demonstration) have already passed.
Accordingly, EPA is proposing to exercise its discretion under CAA
section 182(i) to adjust the SIP submittal deadlines for the Sheboygan
area.
In determining an appropriate deadline for the moderate area SIP
revisions for the Sheboygan area, EPA notes that, pursuant to 40 CFR
51.1108(d), the state must provide for implementation of all control
measures needed for attainment no later than the beginning of the
attainment year ozone season. The attainment year ozone season is the
ozone season immediately preceding a nonattainment area's attainment
date. In the case of nonattainment areas classified as moderate for the
2008 ozone NAAQS, the attainment year ozone season is the 2017 ozone
season (40 CFR 51.1100(h)).
Further, in the implementation rule for the 2008 ozone NAAQS, EPA
established the requirement for areas to implement RACT measures as
expeditiously as practicable, but no later than January 1 of the fifth
year after the effective date of a nonattainment designation. (81 FR
12280) For the nonattainment designations that were effective July 20,
2012, this would require RACT measures (for areas where they are
required) to be implemented by January 1, 2017. This implementation
deadline ensured that RACT measures would be required to be in place no
later than the last ozone season prior to the moderate area attainment
date of July 20, 2018.
The January 1, 2017, SIP submission deadline is consistent with the
SIP submission deadline established for all other Marginal
nonattainment areas in the country that were recently reclassified to
Moderate for the 2008 ozone NAAQS,\3\ and is consistent with the
timeframes in the CAA as codified in the EPA's implementing
regulations. Accordingly, EPA is proposing to require Wisconsin to
submit the required SIP revisions no later than January 1, 2017.
---------------------------------------------------------------------------

\3\ See 81 FR 26697 (May 4, 2016).
---------------------------------------------------------------------------

IV. Summary of Proposed Actions

EPA is proposing to determine that the Sheboygan area failed to
attain the 2008 ozone NAAQS by the applicable attainment date of July
20, 2016, is not eligible for an additional one-year attainment date
extension, and must be reclassified as moderate. EPA is also proposing
to require Wisconsin to submit SIP revisions to address moderate area
requirements as expeditiously as practicable, but no later than January
1, 2017.

V. Statutory and Executive Order Reviews

Under section 181(b)(2) of the CAA, a determination of
nonattainment is a factual determination based upon air quality
considerations and the resulting reclassification must occur by
operation of law. A determination of nonattainment and the resulting
reclassification of a nonattainment area by operation of law under
section 181(b)(2) does not in and of itself create any new
requirements, but rather applies the requirements contained in the CAA.
For these reasons, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 81

Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

Dated: September 14, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-23294 Filed 9-27-16; 8:45 am]
BILLING CODE 6560-50-P

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