Air Plan Approval; Wisconsin; Revision to the Milwaukee-Racine-Waukesha 2006 24-Hour Particulate Matter Maintenance Plan, 8654-8656 [2016-03498]
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Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations
EPA-APPROVED INDIANA REGULATIONS—Continued
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effective date
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[FR Doc. 2016–03490 Filed 2–19–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0848; FRL–9942–56–
Region 5]
Air Plan Approval; Wisconsin;
Revision to the Milwaukee-RacineWaukesha 2006 24-Hour Particulate
Matter Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving Wisconsin’s
December 23, 2015, state
implementation plan (SIP) revision to
the Milwaukee-Racine-Waukesha
(Milwaukee), Wisconsin 2006 24-Hour
Particulate Matter (PM2.5) maintenance
plan. This SIP revision establishes new
Motor Vehicle Emissions Budgets
(MVEB) for Volatile Organic
Compounds (VOC) for the years 2020
and 2025. The MVEBs for Oxides of
Nitrogen (NOX), Sulfur Dioxide (SO2),
and PM2.5 will remain the same. EPA is
approving the allocation of a portion of
the safety margin for VOC in the PM2.5
maintenance plan to the 2020 and 2025
MVEBs. The 2020 and 2025 total year
emissions of VOC for the area will
remain below the attainment level
required by the transportation
conformity regulations.
DATES: This direct final rule will be
effective April 22, 2016, unless EPA
receives adverse comments by March
23, 2016. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2015–0848 at https://
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SUMMARY:
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EPA Approval date
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02/22/2016, [insert Federal
Register citation].
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05/29/2015
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02/22/2016, [insert Federal
Register citation].
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05/29/2015
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www.regulations.gov or via email to
blakley.pamela@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 on 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:
Michael Leslie, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6680,
leslie.michael@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 this action?
II. What is a ‘‘safety margin’’?
III. How does this action change the
Milwaukee area’s 2006 24-hour PM2.5
maintenance plan?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
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Notes
Fmt 4700
Sfmt 4700
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I. What is the background for this
action?
On April 22, 2014 (79 FR 22415), EPA
approved a request from the State of
Wisconsin to redesignate the Milwaukee
area for the 2006 24-hour PM2.5 national
ambient air quality standard (NAAQS).
In addition to approving the PM2.5
redesignation request, EPA approved
the State’s plan for maintaining the 2006
24-hour PM2.5 NAAQS in Milwaukee
through 2025. The PM2.5 maintenance
plan established MVEBs for PM2.5, SO2,
VOC and NOX for 2020 and 2025 to
account for new transportation planning
assumptions.
MVEBs are the projected levels of
controlled emissions from the
transportation sector (mobile sources)
that are estimated in the SIP to provide
for maintenance of the ozone standard.
The transportation conformity rule
allows the MVEB to be changed as long
as the total level of emissions from all
sources remains below the attainment
levels.
II. What is a ‘‘safety margin’’?
A ‘‘safety margin’’, as defined in the
transportation conformity rule (40 CFR
part 93 subpart A), is the amount by
which the total projected emissions
from all sources of a given pollutant are
less than the total emissions that would
satisfy the applicable requirement for
reasonable further progress, attainment,
or maintenance. The attainment level of
emissions is the level of emissions
during the year in which the area met
the NAAQS. Table 1 gives detailed
information on the safety margin for the
VOC portion of the Milwaukee’s 2006
24-Hour PM2.5 maintenance plan. Table
1 includes a comparison of the VOC
emissions in the 2010 (Wisconsin’s
attainment year), to the projected
emissions of VOC in 2020 and 2025.
The difference between the projected
emissions in years 2020 and 2025 and
the actual emissions in 2010 is referred
to as the safety margin or the amount of
excess emission reductions.
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Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations
8655
TABLE 1—VOC SAFETY MARGIN FOR MILWAUKEE’S 2006 24-HOUR PM2.5 MAINTENANCE PLAN
Year
Attainment
year
emissions
(tons/day)
Projected
maintenance
emissions
(tons/day)
Safety margin
(tons/day)
2010 .............................................................................................................................................
2020 .............................................................................................................................................
2025 .............................................................................................................................................
127.40
........................
........................
........................
105.81
106.70
........................
21.59
20.70
Wisconsin has requested the VOC
allocation of 2.384 tons/day for 2020
and 1.798 tons/day for 2025 from the
safety margins to the MVEBs. The
revised maintenance plan will have
VOC safety margins of 19.21 tons/day
for 2020 and 18.90 tons/day for 2025.
The 2020 and 2025 projected VOC
emissions, even with this allocation,
will be below the 2010 attainment year
emissions. For this reason, EPA finds
that the allocation of the safety margin
to the 2020 and 2025 VOC MVEBs for
Milwaukee’s 2006 24-Hour PM2.5
maintenance plan meets the
requirements of the transportation
conformity regulations at 40 CFR part
93, and is approvable.
III. How does this action change the
Milwaukee area’s 2006 24-hour PM2.5
maintenance plan?
This action changes the VOC MVEBs
for mobile sources. The maintenance
plan is designed to provide for future
growth while still maintaining the 2006
24-Hour PM2.5 NAAQS. Growth in
industries, population, and traffic is
offset by reductions from cleaner cars
and other emission reduction programs.
Through the maintenance plan, the state
and local agencies can manage and
maintain clean air quality while
providing for growth.
In the submittal, Wisconsin requested
to allocate a portion of the safely
margins for VOC to the 2020 and 2025
MVEBs. Table 2 details the updated
MVEBs for the 2006 24-Hour PM2.5
maintenance plan for the Milwaukee
area. Table 2 shows the 2020 and 2025
VOC MVEBs (approved by EPA on April
22, 2014), the amount of excess
emission reductions or safety margin to
be allocated into the new MVEBs, and
the new 2020 and 2025 MVEBs for VOC.
TABLE 2—MILWAUKEE 2006 24-HOUR PM2.5 MAINTENANCE PLAN MVEBS
Approved
MVEBs
(tons/day)
Year
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2020 .............................................................................................................................................
2025 .............................................................................................................................................
IV. What action is EPA taking?
EPA is approving a revision to the
Milwaukee 2006 24-Hour PM2.5
maintenance plan. The revision will
change the VOC MVEBs for 2020 and
2025 that are used for transportation
conformity purposes. The revision will
keep the total emissions for the area at
or below the attainment level required
by law. This action will allow the state
or local agencies to continue to maintain
air quality while providing for
transportation growth.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective April 22, 2016 without further
notice unless we receive relevant
adverse written comments by March 23,
2016. If we receive such comments, we
will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
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16:09 Feb 19, 2016
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comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
April 22, 2016.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA), 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
PO 00000
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15.890
11.980
Safety margin
allocation
(tons/day)
2.384
1.798
New MVEBs
(tons/day)
18.274
13.778
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);
E:\FR\FM\22FER1.SGM
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8656
Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations
• 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).
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.
This action is not a ‘‘major rule’’ 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 April 22, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
VerDate Sep<11>2014
16:09 Feb 19, 2016
Jkt 238001
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Volatile
organic compounds.
Dated: February 5, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is 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 paragraph (f) to read as follows:
■
§ 52.2584
matter.
Control strategy; Particulate
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(f) Approval—On December 23, 2015,
the State of Wisconsin submitted a
revision to its State Implementation
Plan for the Milwaukee-RacineWaukesha (Milwaukee), Wisconsin 2006
24-Hour Particulate Matter Maintenance
Plan. The submittal established new
Motor Vehicle Emissions Budgets
(MVEB) for Volatile Organic
Compounds (VOC) for the years 2020
and 2025. The VOC MVEBs for the
Milwaukee area are now: 18.274 tons
per day for 2020 and 13.778 tons per
day for the year 2025.
[FR Doc. 2016–03498 Filed 2–19–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0666; FRL–9942–59–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Regulation To Limit
Nitrogen Oxides Emissions From
Large Non-Electric Generating Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the District of Columbia.
SUMMARY:
PO 00000
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Fmt 4700
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The revision caps emissions of nitrogen
oxides (NOX) from large non-electric
generating units (non-EGUs) to meet the
requirements of EPA’s NOX SIP Call.
EPA is approving this revision to cap
emissions of NOX from non-EGUs in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
March 23, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0666. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
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 through www.regulations.gov
or may be viewed during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the District submittal are
available at the District of Columbia.
Department of Energy and Environment,
Air Quality Division, 1200 1st Street
NE., 5th Floor, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 19, 2015 (80 FR 72406),
EPA published a notice of proposed
rulemaking (NPR) for the District of
Columbia. In the NPR, EPA proposed
approval of the District’s regulation to
cap NOX emissions from large nonEGUs to meet the requirements of EPA’s
NOX SIP Call. The formal SIP revision
was submitted by the District of
Columbia on June 19, 2015.
II. Summary of SIP Revision
On June 19, 2015, the District
Department of the Environment (DOEE)
submitted a SIP revision that addresses
NOX reductions from its non-EGUs to
meet its obligations under the NOX SIP
Call. The submission also removes, from
the District’s SIP, regulation Title 20
DCMR Chapter 10—Nitrogen Oxides
Emissions Budget Program. Sections
1000 through 1013 of 20 DCMR Chapter
10 comprised the District’s Ozone
Transport Commission (OTC) NOX
Budget Program, which preceded the
NOX SIP Call trading program, and
E:\FR\FM\22FER1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Rules and Regulations]
[Pages 8654-8656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03498]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0848; FRL-9942-56-Region 5]
Air Plan Approval; Wisconsin; Revision to the Milwaukee-Racine-
Waukesha 2006 24-Hour Particulate Matter Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
Wisconsin's December 23, 2015, state implementation plan (SIP) revision
to the Milwaukee-Racine-Waukesha (Milwaukee), Wisconsin 2006 24-Hour
Particulate Matter (PM2.5) maintenance plan. This SIP
revision establishes new Motor Vehicle Emissions Budgets (MVEB) for
Volatile Organic Compounds (VOC) for the years 2020 and 2025. The MVEBs
for Oxides of Nitrogen (NOX), Sulfur Dioxide
(SO2), and PM2.5 will remain the same. EPA is
approving the allocation of a portion of the safety margin for VOC in
the PM2.5 maintenance plan to the 2020 and 2025 MVEBs. The
2020 and 2025 total year emissions of VOC for the area will remain
below the attainment level required by the transportation conformity
regulations.
DATES: This direct final rule will be effective April 22, 2016, unless
EPA receives adverse comments by March 23, 2016. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0848 at https://www.regulations.gov or via email to
blakley.pamela@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 on 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: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, leslie.michael@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 this action?
II. What is a ``safety margin''?
III. How does this action change the Milwaukee area's 2006 24-hour
PM2.5 maintenance plan?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On April 22, 2014 (79 FR 22415), EPA approved a request from the
State of Wisconsin to redesignate the Milwaukee area for the 2006 24-
hour PM2.5 national ambient air quality standard (NAAQS). In
addition to approving the PM2.5 redesignation request, EPA
approved the State's plan for maintaining the 2006 24-hour
PM2.5 NAAQS in Milwaukee through 2025. The PM2.5
maintenance plan established MVEBs for PM2.5,
SO2, VOC and NOX for 2020 and 2025 to account for
new transportation planning assumptions.
MVEBs are the projected levels of controlled emissions from the
transportation sector (mobile sources) that are estimated in the SIP to
provide for maintenance of the ozone standard. The transportation
conformity rule allows the MVEB to be changed as long as the total
level of emissions from all sources remains below the attainment
levels.
II. What is a ``safety margin''?
A ``safety margin'', as defined in the transportation conformity
rule (40 CFR part 93 subpart A), is the amount by which the total
projected emissions from all sources of a given pollutant are less than
the total emissions that would satisfy the applicable requirement for
reasonable further progress, attainment, or maintenance. The attainment
level of emissions is the level of emissions during the year in which
the area met the NAAQS. Table 1 gives detailed information on the
safety margin for the VOC portion of the Milwaukee's 2006 24-Hour
PM2.5 maintenance plan. Table 1 includes a comparison of the
VOC emissions in the 2010 (Wisconsin's attainment year), to the
projected emissions of VOC in 2020 and 2025. The difference between the
projected emissions in years 2020 and 2025 and the actual emissions in
2010 is referred to as the safety margin or the amount of excess
emission reductions.
[[Page 8655]]
Table 1--VOC Safety Margin for Milwaukee's 2006 24-Hour PM2.5 Maintenance Plan
----------------------------------------------------------------------------------------------------------------
Projected
Attainment maintenance Safety margin
Year year emissions emissions (tons/day)
(tons/day) (tons/day)
----------------------------------------------------------------------------------------------------------------
2010............................................................ 127.40 .............. ..............
2020............................................................ .............. 105.81 21.59
2025............................................................ .............. 106.70 20.70
----------------------------------------------------------------------------------------------------------------
Wisconsin has requested the VOC allocation of 2.384 tons/day for 2020
and 1.798 tons/day for 2025 from the safety margins to the MVEBs. The
revised maintenance plan will have VOC safety margins of 19.21 tons/day
for 2020 and 18.90 tons/day for 2025. The 2020 and 2025 projected VOC
emissions, even with this allocation, will be below the 2010 attainment
year emissions. For this reason, EPA finds that the allocation of the
safety margin to the 2020 and 2025 VOC MVEBs for Milwaukee's 2006 24-
Hour PM2.5 maintenance plan meets the requirements of the
transportation conformity regulations at 40 CFR part 93, and is
approvable.
III. How does this action change the Milwaukee area's 2006 24-hour
PM2.5 maintenance plan?
This action changes the VOC MVEBs for mobile sources. The
maintenance plan is designed to provide for future growth while still
maintaining the 2006 24-Hour PM2.5 NAAQS. Growth in
industries, population, and traffic is offset by reductions from
cleaner cars and other emission reduction programs. Through the
maintenance plan, the state and local agencies can manage and maintain
clean air quality while providing for growth.
In the submittal, Wisconsin requested to allocate a portion of the
safely margins for VOC to the 2020 and 2025 MVEBs. Table 2 details the
updated MVEBs for the 2006 24-Hour PM2.5 maintenance plan
for the Milwaukee area. Table 2 shows the 2020 and 2025 VOC MVEBs
(approved by EPA on April 22, 2014), the amount of excess emission
reductions or safety margin to be allocated into the new MVEBs, and the
new 2020 and 2025 MVEBs for VOC.
Table 2--Milwaukee 2006 24-Hour PM2.5 Maintenance Plan MVEBs
----------------------------------------------------------------------------------------------------------------
Safety margin
Year Approved MVEBs allocation New MVEBs
(tons/day) (tons/day) (tons/day)
----------------------------------------------------------------------------------------------------------------
2020............................................................ 15.890 2.384 18.274
2025............................................................ 11.980 1.798 13.778
----------------------------------------------------------------------------------------------------------------
IV. What action is EPA taking?
EPA is approving a revision to the Milwaukee 2006 24-Hour
PM2.5 maintenance plan. The revision will change the VOC
MVEBs for 2020 and 2025 that are used for transportation conformity
purposes. The revision will keep the total emissions for the area at or
below the attainment level required by law. This action will allow the
state or local agencies to continue to maintain air quality while
providing for transportation growth.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective April 22, 2016
without further notice unless we receive relevant adverse written
comments by March 23, 2016. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective April
22, 2016.
V. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), 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);
[[Page 8656]]
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).
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. This action is not a ``major rule'' 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 April 22, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Volatile organic compounds.
Dated: February 5, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is 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 paragraph (f) to read as
follows:
Sec. 52.2584 Control strategy; Particulate matter.
* * * * *
(f) Approval--On December 23, 2015, the State of Wisconsin
submitted a revision to its State Implementation Plan for the
Milwaukee-Racine-Waukesha (Milwaukee), Wisconsin 2006 24-Hour
Particulate Matter Maintenance Plan. The submittal established new
Motor Vehicle Emissions Budgets (MVEB) for Volatile Organic Compounds
(VOC) for the years 2020 and 2025. The VOC MVEBs for the Milwaukee area
are now: 18.274 tons per day for 2020 and 13.778 tons per day for the
year 2025.
[FR Doc. 2016-03498 Filed 2-19-16; 8:45 am]
BILLING CODE 6560-50-P
