Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Redesignation of the Milwaukee-Racine 2006 24-Hour Fine Particle Nonattainment Area to Attainment, 22415-22418 [2014-08613]

Download as PDF Federal Register / Vol. 79, No. 77 / Tuesday, April 22, 2014 / Rules and Regulations (c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston or a designated representative. (2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the Captain of the Port Charleston by telephone at 843–740– 7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within the regulated area is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or a designated representative. (3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. (d) Effective date. This rule is effective on May 4, 2014. This rule will be enforced from 7:30 a.m. until 8:15 a.m. on Sunday, May 4, 2014. Dated: April 4, 2014. R.R. Rodriguez, Captain, U.S. Coast Guard, Captain of the Port Charleston. [FR Doc. 2014–09060 Filed 4–21–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0320] RIN 1625–AA00 Safety Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the Navy Pier Southeast Safety Zone within the Chicago Harbor during specified periods from May 24, 2014, through January 1, 2015. This action is necessary and intended to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after various firework events. During the enforcement periods listed below, no person or vessel may enter the safety zone without ehiers on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:06 Apr 21, 2014 Jkt 232001 permission of the Captain of the Port, Lake Michigan. DATES: The regulations in 33 CFR 165.931 will be enforced at specified times between 10 p.m. on May 24, 2014, through 12:30 a.m. on January 1, 2015. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or email MST1 John Ng, Waterways Management Division, Marine Safety Unit Chicago, telephone 630–986–2122, email address john.h.ng@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL listed in 33 CFR 165.931, on each Saturday from 10 p.m. until 10:30 p.m. and each Wednesday from 9:15 p.m. until 9:45 p.m. during the period starting May 24, 2014, through August 30, 2014. Additionally, on the dates below during this period, this safety zone will be enforced with the following adjustments in times: • Friday, July 4, 2014, from 9:15 p.m. until 10 p.m.; • Saturday, August 9, 2014, from 9:15 p.m. until 9:45 p.m.; • Saturday, October 25, 2014, from 9 p.m. until 10:30 p.m.; and • Wednesday, December 31, 2014, from 11:45 p.m. until 12:30 a.m. on Thursday, January 1, 2015. This safety zone encompasses the waters of Lake Michigan within Chicago Harbor bounded by coordinates beginning at 41°53′26.5″ N, 087°35′26.5″ W; then south to 41°53′7.6″ N, 087°35′26.3″ W; then west to 41°53′7.6″ N, 087°36′23.2″ W; then north to 41°53′26.5″ N, 087°36′24.6″ W; then east back to the point of origin (NAD 83). All vessels must obtain permission from the Captain of the Port, Lake Michigan, or his on-scene representative to enter, move within or exit the safety zone. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port, Lake Michigan, or his on-scene representative. This notice is issued under authority of 33 CFR 165.931 and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with advance notification of these enforcement periods via broadcast Notice to Mariners or Local Notice to Mariners. If the Captain of the Port, Lake Michigan, determines that the safety zone need not be enforced for the full duration stated in this notice, he may use a Broadcast Notice to Mariners to grant general permission to enter the safety zone. The Captain of the Port, Lake Michigan, or his on-scene representative may be contacted via VHF Channel 16. PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 22415 Dated: April 10, 2014. K.M. Moser, Commander, U.S. Coast Guard, Acting Captain of the Port, Lake Michigan. [FR Doc. 2014–09058 Filed 4–21–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R05–OAR–2012–0464; FRL–9909–50– Region–5] Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Redesignation of the Milwaukee-Racine 2006 24-Hour Fine Particle Nonattainment Area to Attainment Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving Wisconsin’s request to redesignate the MilwaukeeRacine, Wisconsin nonattainment area (Milwaukee, Racine and Waukesha Counties) to attainment for the 2006 24hour National Ambient Air Quality Standard (NAAQS or standard) for fine particulate matter (PM2.5) because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA). The Wisconsin Department of Natural Resources (WDNR) submitted this request to EPA on June 8, 2012, and supplemented it on May 30, 2013. EPA’s approval involves several related actions. EPA is making a determination that the Milwaukee-Racine area has attained the 2006 24-hour PM2.5 standard. EPA is approving, as a revision to the Wisconsin state implementation plan (SIP), the state’s plan for maintaining the 2006 24-hour PM2.5 NAAQS through 2025 in the area. EPA is also approving the comprehensive emissions inventories submitted by WDNR for Nitrogen Oxides (NOX), Sulfur Dioxide (SO2), primary PM2.5, Volatile Organic Compounds (VOC), and ammonia as meeting the requirements of the CAA. Finally, EPA finds adequate and is approving Wisconsin’s direct PM2.5, SO2, NOX and VOC Motor Vehicle Emission Budgets (MVEBs) for 2020 and 2025 for the Milwaukee-Racine area. DATES: This final rule is effective on April 22, 2014. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2012–0464. All documents in the docket are listed on SUMMARY: E:\FR\FM\22APR1.SGM 22APR1 22416 Federal Register / Vol. 79, No. 77 / Tuesday, April 22, 2014 / Rules and Regulations the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Gilberto Alvarez, Environmental Scientist, at (312 886–6143 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Gilberto Alvarez, 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) 886–6143, alvarez.gilberto@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: ehiers on DSK2VPTVN1PROD with RULES I. What is the background for the actions? II. What actions is EPA taking? III. What is EPA’s response to comments? IV. Why is EPA taking these actions? V. Final Action VI. Statutory and Executive Order Reviews I. What is the background for the actions? On June 8, 2012, WDNR submitted its request to redesignate the MilwaukeeRacine, Wisconsin nonattainment area (Milwaukee, Racine and Waukesha Counties) to attainment for the 2006 24hour PM2.5 NAAQS, and for EPA approval of the SIP revision containing an emissions inventory and a maintenance plan for the area. WDNR supplemented its submission on May 30, 2013. On February 18, 2014, EPA published a proposed rule (79 FR 9134) making a determination that the Milwaukee-Racine area is attaining the 2006 24-hour PM2.5 standard and that the area has met the requirements for redesignation under section 107(d)(3)(E) of the CAA. II. What actions is EPA taking? EPA has determined that the Milwaukee-Racine area has attained and continues to attain the 2006 24-hour VerDate Mar<15>2010 15:06 Apr 21, 2014 Jkt 232001 PM2.5 standard, that the area has attained this standard by the applicable attainment date, and that the area meets the requirements for redesignation under section 107(d)(3)(E) of the CAA. EPA proposed this determination based on monitoring data showing attainment of the standard for the 2008–2010, 2009–2011, 2010–2012 and 2013 time periods. Monitoring data for 2013 show that the area continues to attain the standard. Because the area continues to attain the standard and meets all other requirements for redesignation under CAA section 107(d)(3)(E), EPA is approving the request from Wisconsin to change the legal designation of the Milwaukee-Racine area from nonattainment to attainment for the 2006 24-hour PM2.5 NAAQS. EPA is taking several actions related to Wisconsin’s PM2.5 redesignation request, as discussed below. EPA is approving, pursuant to CAA section 175A, Wisconsin’s 2006 24-hour PM2.5 maintenance plan for the Milwaukee-Racine area as a revision to the Wisconsin SIP (such approval being one of the CAA criteria for redesignation to attainment status). The maintenance plan is designed to keep the MilwaukeeRacine area in attainment of the 2006 24-hour PM2.5 NAAQS through 2025. EPA is approving, pursuant to CAA section 172(c)(3), both the 2006 emission inventories for primary PM2.5,1 NOX, VOC and SO2,2 and the 2007 emission inventory for ammonia. These emission inventories satisfy the requirement in section 172(c)(3) of the CAA for a comprehensive, current emission inventory. Finally, for transportation conformity purposes EPA finds adequate and is approving Wisconsin’s direct PM2.5, SO2, NOX and VOC MVEBs for 2020 and 2025 for the Milwaukee-Racine area. III. What is EPA’s response to comments? EPA received no adverse comments on the February 18, 2014, proposal. EPA received four comments in support of the February 18, 2014, proposal from: (1) Harold Pederson, a private citizen, (2) the WDNR, (3) Eric Bott, with the Wisconsin Manufacturers & Commerce organization and (4) five members of the United States Congressional delegation from Wisconsin. In addition, EPA would like to correct two of the 98th Percentile values within 1 Fine particulates directly emitted by sources and not formed in a secondary manner through chemical reactions or other processes in the atmosphere. 2 NO and SO are precursors for fine particulates X 2 through chemical reactions and other related processes in the atmosphere. PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 Table 1 on page 9136 of the proposed rule (79 FR 9134). The value (in micrograms per cubic meter) for 2013 for monitor number 550790026 which is currently listed as 19.0 should be changed to 21.2. The value for 2013 for monitor number 550790099 which is currently 19.7 should be changed to 20.5. The original values were entered incorrectly due to a calculation error. EPA notes that both of these corrected values are still below the NAAQS and do not impact the overall outcome of the redesignation. IV. Why is EPA taking these actions? EPA has determined that the Milwaukee-Racine area has attained and continues to attain the 2006 24-hour PM2.5 NAAQS and that the area has attained this standard by its applicable attainment date. EPA has also determined that all other criteria have been met for the redesignation of the Milwaukee-Racine area from nonattainment to attainment of the 2006 24-hour PM2.5 NAAQS and for approval of Wisconsin’s maintenance plan for the area. See CAA sections 107(d)(3)(E) and 175A. The detailed rationale for EPA’s findings and actions is set forth in the proposed rulemaking of February 18, 2014 (79 FR 9134), and in this final rulemaking. V. Final Action EPA is making a determination that the Milwaukee-Racine area has attained the 2006 24-hour PM2.5 standard by its attainment date and that the area continues to attain the standard. EPA has determined that the area has met the requirements for redesignation under section 107(d)(3)(E) and 175A of the CAA. EPA is thus approving the request from Wisconsin to change the legal designation of the Milwaukee-Racine area from nonattainment to attainment for the 2006 24-hour PM2.5 NAAQS. EPA is also approving Wisconsin’s PM2.5 maintenance plan for the Milwaukee-Racine area as a revision to the Wisconsin SIP, because the plan meets the requirements of section 175A of the CAA. EPA is approving the comprehensive emissions inventories submitted by WDNR for NOX, SO2, primary PM2.5, VOC, and ammonia as meeting the requirements of the CAA. Finally, EPA finds adequate and is approving Wisconsin’s direct PM2.5, SO2, NOX and VOC MVEBs for 2020 and 2025 for the Milwaukee-Racine area. In accordance with 5 U.S.C. 553(d), EPA finds there is good cause for these actions to become effective immediately upon publication. This is because a delayed effective date is unnecessary due to the nature of a redesignation to E:\FR\FM\22APR1.SGM 22APR1 Federal Register / Vol. 79, No. 77 / Tuesday, April 22, 2014 / Rules and Regulations ehiers on DSK2VPTVN1PROD with RULES attainment, which relieves the area from certain CAA requirements that would otherwise apply to it. The immediate effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rulemaking actions may become effective less than 30 days after publication if the rule ‘‘grants or recognizes an exemption or relieves a restriction,’’ and section 553(d)(3) which allows an effective date less than 30 days after publication ‘‘as otherwise provided by the agency for good cause found and published with the rule.’’ The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Today’s rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, today’s rule relieves the state of planning requirements for the Milwaukee-Racine 24-hour PM2.5 nonattainment area. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these actions to become effective on the date of publication of these actions. VI. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the 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, these actions merely do not impose additional requirements beyond those imposed by state law and the CAA. For that reason, these actions: • Are not ‘‘significant regulatory actions’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • do not impose an information collection burden under the provisions VerDate Mar<15>2010 17:57 Apr 21, 2014 Jkt 232001 of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • are 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.); • do 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); • do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • are 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 • do 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, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because a determination of attainment 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 particulate matter national ambient air quality standards in tribal lands. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. These actions are not ‘‘major rules’’ as defined by 5 U.S.C. 804(2). PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 22417 Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 23, 2014. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of these actions for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. These actions may not be challenged later in proceedings to enforce their requirements. (See section 307(b)(2)) List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter. 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: April 4, 2014. Susan Hedman, Regional Administrator, Region 5. 40 CFR parts 52 and 81 are amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. Section 52.2584 is amended by adding paragraphs (d) and (e) to read as follows: ■ § 52.2584 matter. Control strategy; Particulate * * * * * (d) Approval—On April 22, 2014, EPA approved the 2006 24-Hour PM2.5 maintenance plan for the MilwaukeeRacine nonattainment area (Milwaukee, Racine and Waukesha Counties), as submitted on June 8, 2012. The maintenance plan establishes 2020 motor vehicle emissions budgets for the Milwaukee-Racine area of 2.33 tons per winter day 1 (tpwd) and 2.16 tpwd direct PM2.5 and 32.62 tpwd and 28.69 tpwd NOX for the years 2020 and 2025, respectively. (e) Approval—On April 22, 2014, EPA approved the 2006 24-hour PM2.5 comprehensive emissions inventories for the Milwaukee-Racine area (Milwaukee, Racine and Waukesha Counties). Wisconsin’s 2006 NOX, E:\FR\FM\22APR1.SGM 22APR1 22418 Federal Register / Vol. 79, No. 77 / Tuesday, April 22, 2014 / Rules and Regulations directly emitted PM2.5, SO2, VOC, as well as the 2007 supplemental ammonia emissions inventory satisfies the emission inventory requirements of section 172(c)(3) of the Clean Air Act for the Milwaukee-Racine area. 4. Section 81.350 is amended by revising the entry for MilwaukeeRacine, WI in the table entitled ‘‘Wisconsin—PM2.5 [24-Hour NAAQS]’’ to read as follows: ■ PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 3. The authority citation for part 81 continues to read as follows: ■ § 81.350 Authority: 42 U.S.C. 7401, et seq. * * Wisconsin. * * * WISCONSIN—PM2.5 [24-Hour NAAQS] Designation for the 1997 NAAQS a Designation for the 2006 NAAQS a Designated area Date 1 Milwaukee-Racine, WI: Milwaukee County ....................................................... Racine County Waukesha County * * Type Date 2 .................... Unclassifiable/Attainment April 22, 2014 * * * Type * Attainment. * a Includes 1 This 2 This * Indian Country located in each county or area, except as otherwise specified. date is 90 days after January 5, 2005, unless otherwise noted. date is 30 days after November 13, 2009, unless otherwise noted. * * * * [FR Doc. 2014–08613 Filed 4–21–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2012–0791; FRL–9908–83] Linuron; Pesticide Tolerances; Technical Correction Environmental Protection Agency (EPA). ACTION: Final rule; technical correction. AGENCY: EPA issued a final rule in the Federal Register of February 12, 2014, concerning the establishment of tolerances for residues of linuron in or on multiple commodities and the removal of a tolerance with regional registrations in or on parsley leaves. This document corrects an error in the listing of the registrant associated with this action. DATES: This final rule correction is effective April 22, 2014. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2012–0791, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave., NW., Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding ehiers on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:06 Apr 21, 2014 Jkt 232001 legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/ dockets. FOR FURTHER INFORMATION CONTACT: Lois Rossi, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: I. Does this action apply to me? The Agency included in the final rule published in the Federal Register of February 12, 2014 (79 FR 8301) (FRL– 9905–22) a list of those who may be potentially affected by this action. II. What does this technical correction do? EPA issued a final rule in the Federal Register of February 12, 2014, that established tolerances for residues of linuron in or on multiple commodities and removed a tolerance with regional registrations in or on parsley leaves. EPA inadvertently listed the incorrect registrant associated with this action as Syngenta Crop Protection, LLC, in Unit II. Summary of Petitioned-for Tolerance. The correct registrant associated with this action is Tessenderlo Kerley, Inc. The same incorrect registrant’s name appears in the notice of receipt associated with this regulatory action, which published in the Federal Register PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 of November 7, 2012 (77 FR 66832) (FRL–9523–9). The preamble for FR Doc. 2014– 03077, published in the Federal Register of February 12, 2014 (79 FR 8301) is corrected as follows: On page 8302, under the heading ‘‘II. Summary of Petitioned-for Tolerance,’’ second column, first full paragraph, line 22, correct ‘‘Syngenta Crop Protection, LLC’’ to read ‘‘Tessenderlo Kerley, Inc.’’. III. Why is this correction issued as a final rule? Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a final rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making this technical correction final without prior proposal and opportunity for comment, because the technical amendment serves only to correct the registrant that is listed as having prepared a summary of the petition associated with the final rule. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B). IV. Do any of the statutory and Executive Order reviews apply to this action? No. For a detailed discussion concerning the statutory and executive order review, refer to ‘‘Unit VII. Statutory and Executive Order Reviews’’ of the February 12, 2014 final rule. E:\FR\FM\22APR1.SGM 22APR1

Agencies

[Federal Register Volume 79, Number 77 (Tuesday, April 22, 2014)]
[Rules and Regulations]
[Pages 22415-22418]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08613]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2012-0464; FRL-9909-50-Region-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Redesignation of the Milwaukee-Racine 2006 24-Hour Fine 
Particle Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
Wisconsin's request to redesignate the Milwaukee-Racine, Wisconsin 
nonattainment area (Milwaukee, Racine and Waukesha Counties) to 
attainment for the 2006 24-hour National Ambient Air Quality Standard 
(NAAQS or standard) for fine particulate matter (PM2.5) 
because the request meets the statutory requirements for redesignation 
under the Clean Air Act (CAA). The Wisconsin Department of Natural 
Resources (WDNR) submitted this request to EPA on June 8, 2012, and 
supplemented it on May 30, 2013. EPA's approval involves several 
related actions. EPA is making a determination that the Milwaukee-
Racine area has attained the 2006 24-hour PM2.5 standard. 
EPA is approving, as a revision to the Wisconsin state implementation 
plan (SIP), the state's plan for maintaining the 2006 24-hour 
PM2.5 NAAQS through 2025 in the area. EPA is also approving 
the comprehensive emissions inventories submitted by WDNR for Nitrogen 
Oxides (NOX), Sulfur Dioxide (SO2), primary 
PM2.5, Volatile Organic Compounds (VOC), and ammonia as 
meeting the requirements of the CAA. Finally, EPA finds adequate and is 
approving Wisconsin's direct PM2.5, SO2, 
NOX and VOC Motor Vehicle Emission Budgets (MVEBs) for 2020 
and 2025 for the Milwaukee-Racine area.

DATES: This final rule is effective on April 22, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2012-0464. All documents in the docket are listed on

[[Page 22416]]

the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays. We recommend that you telephone Gilberto Alvarez, 
Environmental Scientist, at (312 886-6143 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Gilberto Alvarez, 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) 886-6143, 
alvarez.gilberto@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. What is the background for the actions?
II. What actions is EPA taking?
III. What is EPA's response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What is the background for the actions?

    On June 8, 2012, WDNR submitted its request to redesignate the 
Milwaukee-Racine, Wisconsin nonattainment area (Milwaukee, Racine and 
Waukesha Counties) to attainment for the 2006 24-hour PM2.5 
NAAQS, and for EPA approval of the SIP revision containing an emissions 
inventory and a maintenance plan for the area. WDNR supplemented its 
submission on May 30, 2013. On February 18, 2014, EPA published a 
proposed rule (79 FR 9134) making a determination that the Milwaukee-
Racine area is attaining the 2006 24-hour PM2.5 standard and 
that the area has met the requirements for redesignation under section 
107(d)(3)(E) of the CAA.

II. What actions is EPA taking?

    EPA has determined that the Milwaukee-Racine area has attained and 
continues to attain the 2006 24-hour PM2.5 standard, that 
the area has attained this standard by the applicable attainment date, 
and that the area meets the requirements for redesignation under 
section 107(d)(3)(E) of the CAA. EPA proposed this determination based 
on monitoring data showing attainment of the standard for the 2008-
2010, 2009-2011, 2010-2012 and 2013 time periods. Monitoring data for 
2013 show that the area continues to attain the standard. Because the 
area continues to attain the standard and meets all other requirements 
for redesignation under CAA section 107(d)(3)(E), EPA is approving the 
request from Wisconsin to change the legal designation of the 
Milwaukee-Racine area from nonattainment to attainment for the 2006 24-
hour PM2.5 NAAQS.
    EPA is taking several actions related to Wisconsin's 
PM2.5 redesignation request, as discussed below.
    EPA is approving, pursuant to CAA section 175A, Wisconsin's 2006 
24-hour PM2.5 maintenance plan for the Milwaukee-Racine area 
as a revision to the Wisconsin SIP (such approval being one of the CAA 
criteria for redesignation to attainment status). The maintenance plan 
is designed to keep the Milwaukee-Racine area in attainment of the 2006 
24-hour PM2.5 NAAQS through 2025.
    EPA is approving, pursuant to CAA section 172(c)(3), both the 2006 
emission inventories for primary PM2.5,\1\ NOX, 
VOC and SO2,\2\ and the 2007 emission inventory for ammonia. 
These emission inventories satisfy the requirement in section 172(c)(3) 
of the CAA for a comprehensive, current emission inventory.
---------------------------------------------------------------------------

    \1\ Fine particulates directly emitted by sources and not formed 
in a secondary manner through chemical reactions or other processes 
in the atmosphere.
    \2\ NOX and SO2 are precursors for fine 
particulates through chemical reactions and other related processes 
in the atmosphere.
---------------------------------------------------------------------------

    Finally, for transportation conformity purposes EPA finds adequate 
and is approving Wisconsin's direct PM2.5, SO2, 
NOX and VOC MVEBs for 2020 and 2025 for the Milwaukee-Racine 
area.

III. What is EPA's response to comments?

    EPA received no adverse comments on the February 18, 2014, 
proposal. EPA received four comments in support of the February 18, 
2014, proposal from: (1) Harold Pederson, a private citizen, (2) the 
WDNR, (3) Eric Bott, with the Wisconsin Manufacturers & Commerce 
organization and (4) five members of the United States Congressional 
delegation from Wisconsin.
    In addition, EPA would like to correct two of the 98th Percentile 
values within Table 1 on page 9136 of the proposed rule (79 FR 9134). 
The value (in micrograms per cubic meter) for 2013 for monitor number 
550790026 which is currently listed as 19.0 should be changed to 21.2. 
The value for 2013 for monitor number 550790099 which is currently 19.7 
should be changed to 20.5. The original values were entered incorrectly 
due to a calculation error. EPA notes that both of these corrected 
values are still below the NAAQS and do not impact the overall outcome 
of the redesignation.

IV. Why is EPA taking these actions?

    EPA has determined that the Milwaukee-Racine area has attained and 
continues to attain the 2006 24-hour PM2.5 NAAQS and that 
the area has attained this standard by its applicable attainment date. 
EPA has also determined that all other criteria have been met for the 
redesignation of the Milwaukee-Racine area from nonattainment to 
attainment of the 2006 24-hour PM2.5 NAAQS and for approval 
of Wisconsin's maintenance plan for the area. See CAA sections 
107(d)(3)(E) and 175A. The detailed rationale for EPA's findings and 
actions is set forth in the proposed rulemaking of February 18, 2014 
(79 FR 9134), and in this final rulemaking.

V. Final Action

    EPA is making a determination that the Milwaukee-Racine area has 
attained the 2006 24-hour PM2.5 standard by its attainment 
date and that the area continues to attain the standard. EPA has 
determined that the area has met the requirements for redesignation 
under section 107(d)(3)(E) and 175A of the CAA. EPA is thus approving 
the request from Wisconsin to change the legal designation of the 
Milwaukee-Racine area from nonattainment to attainment for the 2006 24-
hour PM2.5 NAAQS. EPA is also approving Wisconsin's 
PM2.5 maintenance plan for the Milwaukee-Racine area as a 
revision to the Wisconsin SIP, because the plan meets the requirements 
of section 175A of the CAA. EPA is approving the comprehensive 
emissions inventories submitted by WDNR for NOX, 
SO2, primary PM2.5, VOC, and ammonia as meeting 
the requirements of the CAA. Finally, EPA finds adequate and is 
approving Wisconsin's direct PM2.5, SO2, 
NOX and VOC MVEBs for 2020 and 2025 for the Milwaukee-Racine 
area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for these actions to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary due to the 
nature of a redesignation to

[[Page 22417]]

attainment, which relieves the area from certain CAA requirements that 
would otherwise apply to it. The immediate effective date for this 
action is authorized under both 5 U.S.C. 553(d)(1), which provides that 
rulemaking actions may become effective less than 30 days after 
publication if the rule ``grants or recognizes an exemption or relieves 
a restriction,'' and section 553(d)(3) which allows an effective date 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' The purpose 
of the 30-day waiting period prescribed in section 553(d) is to give 
affected parties a reasonable time to adjust their behavior and prepare 
before the final rule takes effect. Today's rule, however, does not 
create any new regulatory requirements such that affected parties would 
need time to prepare before the rule takes effect. Rather, today's rule 
relieves the state of planning requirements for the Milwaukee-Racine 
24-hour PM2.5 nonattainment area. For these reasons, EPA 
finds good cause under 5 U.S.C. 553(d)(3) for these actions to become 
effective on the date of publication of these actions.

VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the 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, these actions merely do not impose additional requirements 
beyond those imposed by state law and the CAA. For that reason, these 
actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     do 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because a determination of attainment 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 particulate matter national 
ambient air quality standards in tribal lands.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. These actions are not ``major rules'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 23, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of these actions for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. These actions may not be challenged later in proceedings to 
enforce their requirements. (See section 307(b)(2))

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: April 4, 2014.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. Section 52.2584 is amended by adding paragraphs (d) and (e) to read 
as follows:


Sec.  52.2584  Control strategy; Particulate matter.

* * * * *
    (d) Approval--On April 22, 2014, EPA approved the 2006 24-Hour 
PM2.5 maintenance plan for the Milwaukee-Racine 
nonattainment area (Milwaukee, Racine and Waukesha Counties), as 
submitted on June 8, 2012. The maintenance plan establishes 2020 motor 
vehicle emissions budgets for the Milwaukee-Racine area of 2.33 tons 
per winter day 1 (tpwd) and 2.16 tpwd direct PM2.5 and 32.62 
tpwd and 28.69 tpwd NOX for the years 2020 and 2025, 
respectively.
    (e) Approval--On April 22, 2014, EPA approved the 2006 24-hour 
PM2.5 comprehensive emissions inventories for the Milwaukee-
Racine area (Milwaukee, Racine and Waukesha Counties). Wisconsin's 2006 
NOX,

[[Page 22418]]

directly emitted PM2.5, SO2, VOC, as well as the 
2007 supplemental ammonia emissions inventory satisfies the emission 
inventory requirements of section 172(c)(3) of the Clean Air Act for 
the Milwaukee-Racine area.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.


0
4. Section 81.350 is amended by revising the entry for Milwaukee-
Racine, WI in the table entitled ``Wisconsin--PM2.5 [24-Hour 
NAAQS]'' to read as follows:


Sec.  81.350  Wisconsin.

* * * * *

                                                                    Wisconsin--PM2.5
                                                                     [24-Hour NAAQS]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Designation for the 1997 NAAQS a                           Designation for the 2006 NAAQS a
          Designated area           --------------------------------------------------------------------------------------------------------------------
                                        Date 1                     Type                            Date 2                           Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee-Racine, WI:
    Milwaukee County...............  ...........  Unclassifiable/Attainment............  April 22, 2014...........  Attainment.
    Racine County..................
    Waukesha County................
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.

* * * * *
[FR Doc. 2014-08613 Filed 4-21-14; 8:45 am]
BILLING CODE 6560-50-P