Air Plan Approval; Wisconsin; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard, 3376-3381 [2019-02055]
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Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules
inventory is a requirement independent
of planning for an area’s attainment. See
81 FR 58009 at 58028 and 58127–8 and
80 FR 15340 at 15441–2. Additionally,
NNSR requirements are discussed in the
PM2.5 SIP Requirements Rule and
required by CAA sections 110(a)(2)(C);
172(c)(5); 173; 189(a); and 189(e), as not
being suspended by a CDD because this
requirement is independent of the area’s
attainment planning. See 81 FR 58010 at
58107 and 58127. Furthermore, the
BACM/BACT requirements found in
CAA section 189(b)(1)(B) are not
suspended with a CDD for a Serious
NAA due to this requirement being
independent of attainment. See 81 FR
58010 at 58128.
Under the proposed CDD, the
planning requirements noted above (for
both Moderate and Serious areas) shall
be suspended, until such time as the
area is redesignated to attainment, after
which such requirements are
permanently discharged. This proposed
action, if finalized, will not constitute a
redesignation to attainment under CAA
section 107(d)(3)(E), because the State
must have an approved maintenance
plan for the area as required under
section 175A of the CAA, and the EPA
must determine that the area has met
the other requirements for redesignation
in order to be redesignated to
attainment. The designation status of
the area will remain nonattainment for
the 2006 PM2.5 NAAQS until such time
as the EPA determines that the area
meets the CAA requirements for
redesignation to attainment under CAA
section 107(d)(3)(E).
It is possible, although not expected,
that the Provo, UT area could violate the
24-hour PM2.5 NAAQS before a
maintenance plan is adopted,
submitted, and approved, and the area
is redesignated to attainment. Under 40
CFR 51.1015(a)(2) and (b)(2), if the EPA
determines that the area has re-violated
the 24-hour PM2.5 NAAQS, the EPA will
rescind the CDD and the State shall be
required to submit the suspended
attainment plan elements. Even so,
submission of the suspended elements
may be insufficient to eliminate future
violations. Therefore, the issuance of a
SIP call under section 110(k)(5) could be
an appropriate response. This SIP call
could require the State to submit, by a
reasonable deadline not to exceed 18
months, a revised plan demonstrating
expeditious attainment and complying
with other requirements applicable to
the area at the time of this finding.
Under CAA section 172(d), the EPA may
reasonably adjust the dates applicable to
these requirements.
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III. Proposed Action
The EPA is proposing to make a CDD
for the 2006 24-hour PM2.5 Provo, Utah
(UT) NAA based on the area’s current
attainment of the standard. Pursuant to
40 CFR 51.1015(a) and (b), the EPA
proposes to determine that the
obligation to submit any remaining
attainment-related SIP revisions arising
from classification of the Provo, UT area
as a Moderate NAA and subsequent
reclassification as a Serious NAA under
subpart 4 of part D (of title I of the Act)
for the 2006 24-hour PM2.5 NAAQS is
not applicable for so long as the area
continues to attain the 2006 24-hour
PM2.5 NAAQS. However, the CDD does
not suspend UDAQ’s obligation to
submit non-attainment-related
requirements, which includes the baseyear emission inventory, NNSR
revisions, and BACM/BACT. This
proposed action, if finalized, would not
constitute a redesignation to attainment
under CAA section 107(d)(3).
IV. Statutory and Executive Order
Reviews
This action proposes to issue a
determination of attainment based on
air quality and to suspend certain
federal requirements, and thus, would
not impose additional requirements
beyond those imposed by state law. For
this reason, this proposed 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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);
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• 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, this proposed action does
not 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 proposed 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 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 6, 2019.
Douglas Benevento,
Regional Administrator, Region 8.
[FR Doc. 2019–01909 Filed 2–11–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0569; FRL–9989–24–
Region 5]
Air Plan Approval; Wisconsin;
Nonattainment New Source Review
Requirements for the 2008 8-Hour
Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve,
as a State Implementation Plan (SIP)
revision, Wisconsin’s certification that
its SIP satisfies the nonattainment new
source review (NNSR) requirements of
the Clean Air Act (CAA) for the 2008
ozone National Ambient Air Quality
SUMMARY:
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Standard (NAAQS). The State’s
submittal is in response to EPA’s
February 3 and December 11, 2017
Findings of Failure to Submit (FFS)
final rule, which found that Wisconsin
failed to timely submit certain SIP
elements to satisfy CAA requirements
for implementation of the 2008 ozone
NAAQS in nonattainment areas. EPA is
proposing to approve this revision in
accordance with the requirements of the
CAA. Approval of the NNSR
requirements would address EPA’s
finding that Wisconsin failed to submit
moderate ozone NNSR requirements
and turn off the sanctions and Federal
Implementation Plan (FIP) clock.
DATES: Comments must be received on
or before March 14, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–RO5–
OAR–2018–0569, at https://
www.regulations.gov, or via email to
damico.genvienve@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:
Rachel Rineheart, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–7017,
rineheart.rachel@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:
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I. What Is the Background for This Action?
II. What is EPA’s Evaluation of Wisconsin’s
Submittal?
III. What Action Is EPA Proposing?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
A. Background on the 2008 Ozone
Standard
On March 27, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm).1 Promulgation
of a revised NAAQS triggers a
requirement for EPA to designate areas
of the country as nonattainment,
attainment, or unclassifiable for the
standard. For the ozone NAAQS, this
also involves classifying any
nonattainment areas at the time of
designation.2 Ozone nonattainment
areas are classified based on the severity
of their ozone levels (as determined
based on the area’s ‘‘design value,’’
which represents air quality in the area
for the most recent 3 years). The
classifications for ozone nonattainment
areas are marginal, moderate, serious,
severe, and extreme.3
Areas that EPA designates
nonattainment for the ozone NAAQS are
subject to the general nonattainment
area planning requirements of CAA
section 172 and also to the ozonespecific planning requirements of CAA
section 182. Ozone nonattainment areas
in the lower classification levels have
fewer and/or less stringent mandatory
air quality planning and control
requirements than those in higher
classifications. For marginal areas, a
state is required to submit a baseline
emissions inventory, adopt provisions
into the SIP requiring emissions
statements from stationary sources, and
implement a NNSR program for the
relevant ozone NAAQS.4 For moderate
areas, a state needs to comply with the
marginal area requirements, plus
additional moderate area requirements,
including the requirement to submit a
modeled demonstration that the area
will attain the NAAQS as expeditiously
as practicable but no later than 6 years
after designation, the requirement to
submit a reasonable further progress
(RFP) plan, the requirement to adopt
and implement certain emissions
controls, such as RACT and I/M, and the
requirement for greater emissions offsets
for new or modified major stationary
sources under the state’s NNSR
program.5
B. Background on the Wisconsin Ozone
Nonattainment Areas
On June 11, 2012,6 EPA designated
the Chicago area as a marginal
nonattainment area for the 2008 ozone
NAAQS. The Chicago area includes
Cook, DuPage, Kane, Lake, McHenry,
and Will Counties and part of Grundy
and Kendall Counties in Illinois; Lake
and Porter Counties in Indiana; and part
of Kenosha County in Wisconsin. On
May 4, 2016,7 pursuant to section
18l(b)(2) of the CAA, EPA determined
that the Chicago area failed to attain the
2008 ozone NAAQS by the July 20, 2015
marginal area attainment deadline and
thus reclassified the area from marginal
to moderate nonattainment. In that
action, EPA established January 1, 2017,
as the due date for all moderate area
nonattainment plan SIP requirements
applicable to newly reclassified areas.
Pleasant Prairie and Somers townships
in Kenosha County are part of the
Chicago area nonattainment area. The
remainder of Kenosha County is
designated as unclassifiable/attainment.
On May 21, 2012,8 EPA designated
Sheboygan County in Wisconsin as a
marginal nonattainment area for the
2008 ozone NAAQS. On December 19,
2016,9 pursuant to section 18l(b) of the
CAA, EPA determined that Sheboygan
County failed to attain the 2008 ozone
NAAQS by the July 20, 2016 marginal
area attainment deadline and thus
reclassified the area from marginal to
moderate nonattainment. In that action,
EPA established January 1, 2017, as the
due date for all moderate area
nonattainment plan SIP requirements
applicable to newly reclassified areas.
Effective March 6, 2017, EPA found
that 15 states and the District of
Columbia failed to submit SIP revisions
in a timely manner to satisfy certain
requirements for the 2008 ozone
NAAQS.10 This finding established
certain deadlines for the imposition of
sanctions if a state does not submit a
timely SIP revision addressing the
requirements for which the finding was
made and for EPA to promulgate a FIP
to address any outstanding SIP
requirements. As part of that action,
EPA made a finding that Wisconsin
failed to submit a marginal NNSR SIP
for the Wisconsin portion of the Chicago
area and for Sheboygan County.
1 73
6 CAA
2 CAA
7 81
FR 16436.
sections 107(d)(1) and 181(a)(1).
3 CAA section 181(a)(1).
4 CAA section 182(a).
5 CAA section 182(b).
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section 182(b).
FR 26697.
8 77 FR 30088 (May 21, 2012).
9 81 FR 91841 (December 19, 2016).
10 82 FR 9158 (February 3, 2017).
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II. What is EPA’s evaluation of
Wisconsin’s submittal?
A. Background
On July 19, 2018, Wisconsin
submitted a SIP revision requesting EPA
approve Wisconsin’s certification that
its existing SIP-approved NNSR
regulations fully satisfy the NNSR
requirements set forth in 40 CFR 51.165
for both marginal and moderate ozone
nonattainment areas for the 2008 ozone
NAAQS. The NNSR certification
addresses the deficiency that was the
basis for the March 6, 2017 finding;
therefore, approval of the certification
would turn off both the sanctions and
FIP clocks for the Wisconsin portion of
the Chicago area and for Sheboygan
County.
CAA sections ll0(a)(2) and 172(c)(5)
require permits for the construction of
new or modified major stationary
sources anywhere in a nonattainment
area in accordance with CAA section
173. CAA section 182 contains
additional requirements applicable to
ozone nonattainment areas. NNSR
requirements are codified at 40 CFR
51.165.
On March 6, 2017, EPA found that
Wisconsin failed to submit moderate
ozone NNSR rules for the Wisconsin
portions of the Chicago area 2008 ozone
nonattainment areas and for the
Sheboygan County 2008 ozone
nonattainment area. On July 19, 2018,
Wisconsin submitted its NNSR
certification to address NNSR
Federal rule
Wisconsin rule
40 CFR 51.165(a)(1)(iv)(A)(1)(i)–(iv) ........................................................
40 CFR 51.165(a)(1)(iv)(A)(2) ..................................................................
40
40
40
40
40
40
40
40
40
40
40
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
51.165(a)(1)(iv)(A)(3) ..................................................................
51.165(a)(1)(v)(E) .......................................................................
51.165(a)(1)(v)(F) .......................................................................
51.165(a)(1)(x)(A) .......................................................................
51.165(a)(1)(x)(B) .......................................................................
51.165(a)(1)(x)(C) .......................................................................
51.165(a)(1)(x)(E) .......................................................................
51.165(a)(3)(ii)(C)(1) ...................................................................
51.165(a)(3)(ii)(C)(2) ...................................................................
51.165(a)(8) ................................................................................
51.165(a)(9)(ii)–(iv) .....................................................................
B. Analysis of Wisconsin’s NNSR Rules
For the following reasons, we are
proposing to approve Wisconsin’s
certification that NR 408 is consistent
with 40 CFR 51.165 and meets the
requirements of CAA sections 172(c)(5),
173, 110(a)(2), 182(a)(4), and 182(b)(5)
under the 2008 ozone standard for the
Wisconsin portion of the Chicago area
ozone nonattainment area and for
Sheboygan County. Approval of
Wisconsin’s NNSR certification would
address the deficiency that was the basis
for the March 6, 2017 finding.
Therefore, approval of this SIP revision
would turn off both the sanctions and
FIP clocks for the Wisconsin 2008 ozone
nonattainment areas.
1. Major Source Thresholds for Ozone—
40 CFR 51.165(a)(1)(iv)(A)(1)(i)–(iv) and
(2)
The major source thresholds for both
volatile organic compounds (VOC) and
nitrogen oxides (NOX) (i.e. ozone
precursors) are defined in 40 CFR
51.165(a)(1)(iv)(A)(1)(i)–(iv) and (2). The
11 See
60 FR 3538.
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18:15 Feb 11, 2019
NR 408.02(21), NR 408.02(21)(a)(1)(b), (C), (d) and (e).
NR
408.02(21)(b),
NR
408.02(21)(b)(1)(a)–(c),
and
408.02(21)(b)(2)–(4).
NR 408.02(21)(a)(3).
NR 408.02(20)(c).
NR 408.02(20)(a).
NR 408.02(32)(a) and NR 408.02(32)(a)(6).
NR 408.02(32)(c).
NR 408.02(32)(f) and NR 408.03(5).
NR 408.02(32)(d).
NR 408.06(7)(a), NR 408.06(7)(a)(1), and NR 408.06(7)(a)(4).
NR 408.06(7)(b).
NR 408.03(5).
NR 408.06(4)(a)–(e), NR 408.06(5), and NR 408.05(2)(b).
applicable thresholds vary depending
on the classification of the ozone
nonattainment area. For marginal and
moderate ozone nonattainment areas, a
major stationary source of ozone is a
source that emits, or has the potential to
emit, 100 tons per year of VOC or NOX.
Different emissions thresholds apply for
Serious, Severe and Extreme ozone
nonattainment areas and for areas
located in an ozone transport region
(OTR).
Wisconsin has certified that the
Federal requirements for major source
thresholds for VOC and NOX are
addressed by NR 408.02(21). Under NR
408.02(21)(a), for an area designated as
nonattainment for ozone, a major
stationary source is a stationary source
which emits or has the potential to emit
VOC in an amount equal to or greater
than (1) 100 tons per year in an area
classified as marginal or moderate
nonattainment for ozone (NR
408.02(21)(a)(1); (2) 50 tons per year of
VOC in an area designated as serious
nonattainment for ozone (NR
408.02(21)(a)(1)(b)); (3) 25 tons per year
12 See
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requirements for marginal and moderate
ozone nonattainment areas.
Wisconsin has certified that specific
sections of its NNSR rules at NR 408
continue to meet the NNSR program
requirements for ozone nonattainment
areas under the 2008 ozone NAAQS.
The table below provides the sections of
Wisconsin’s NNSR rule corresponding
to the relevant requirements at 40 CFR
51.165. NR 408 was originally approved
into the SIP effective February 17,
1995,11 with revisions subsequently
approved into the SIP effective January
16, 2009.12 Each requirement identified
in Wisconsin’s certification has not been
revised since EPA last approved it. The
following table lists the specific
provisions of Wisconsin’s NNSR rules
that address the required elements of
the Federal NNSR rules:
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of VOC in an area designated as severe
for ozone (NR 408.02(21)(a)(1)(d)); and
(4) 10 tons per year of VOC in an area
designated as extreme for ozone (NR
408.02(21)(a)(1)(e)). Under NR
408.02(21)(b), for an area designated as
nonattainment for ozone, a major
stationary source is a stationary source
which emits or has the potential to emit
NOX in an amount equal to or greater
than (1) 100 tons per year in an area
classified as marginal or moderate
nonattainment for ozone (NR
408.02(21)(b)(1)(a)); (2) 50 tons per year
in an area classified as serious
nonattainment for ozone (NR
408.02(21)(b)(2)); (3) 25 tons per year in
an area classified as severe
nonattainment for ozone (NR
408.02(21)(b)(3)); and (4) 10 tons per
year in an area classified as extreme
nonattainment for ozone (NR
408.02(21)(b)(4)).
Wisconsin’s thresholds are consistent
with the Federal thresholds; therefore,
we propose to find that Wisconsin’s
NNSR provisions at NR 408.02(21)
73 FR 76560.
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NR
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satisfy the requirements of 40 CFR
51.165(a)(1)(iv)(A)(1)(i)–(iv) and (2).
2. Change Constitutes Major Source by
Itself—40 CFR 51.165(a)(1)(iv)(A)(3)
Under 40 CFR 51.165(a)(1)(iv)(A)(3),
any physical change that would occur at
a stationary source not qualifying as
major stationary source becomes a major
stationary source if the change would
constitute a major stationary source by
itself. Wisconsin has certified that the
requirement is addressed by NR
408.02(21)(a)(3) which states that a
major source includes ‘‘any physical
change that would occur at a stationary
source not qualifying under subd. 1. or
2. as a major source, if the change would
constitute a major source by itself.’’
Wisconsin’s provisions are consistent
with Federal provisions; therefore, we
propose to find that the Wisconsin SIP
at NR 408.02(21)(a)(3) satisfies the
requirements of 40 CFR
51.165(a)(1)(iv)(A)(3).
3. Significant Net Emissions Increase of
NOX Is Significant for Ozone—40 CFR
51.165(a)(1)(v)(E)
Under 40 CFR 51.165(a)(1)(v)(E), any
significant net emissions increase of
NOX is considered significant for ozone.
Wisconsin has certified that this
requirement is addressed by NR
408.02(20)(c), which provides that any
significant net emissions increase of
NOX is considered significant for ozone
in addition to any separate requirements
for nitrogen oxides. Wisconsin’s
provisions at NR 408.02(20)(c) are
consistent with the Federal
requirements at 40 CFR
51.165(a)(1)(v)(E); therefore, we propose
to find that NR 408.02(20(c) satisfies the
requirements of 40 CFR 51.
165(a)(1)(v)(E).
4. Any Emissions Change of VOC in an
Extreme Area Triggers NNSR—40 CFR
51.165 (a)(1)(v)(F)
Under 40 CFR 51.165(a)(1)(v)(F), any
physical change in, or change in the
method of operation of, a major
stationary source of VOC that results in
any increase in emissions of VOC from
any discrete operation, emissions unit,
or other pollutant emitting activity at
the source shall be considered a
significant net emissions increase and a
major modification for ozone, if the
major stationary source is located in an
extreme ozone nonattainment are that is
subject to CAA title 1, part D, subpart
2. Wisconsin has certified that this
requirement is addressed by NR
408.02(20)(a). NR 408.02(20)(a) provides
that ‘‘any physical change in, or change
in the method of operation of a major
source of VOCs located in an extreme
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nonattainment area for ozone which
results in any increase in emissions of
VOCs from any discrete operation,
emissions unit or other pollutant
emitting activity at the source shall be
considered a major modification for
ozone.’’ Wisconsin’s provision at NR
408.02(20)(a) is consistent with the
Federal requirements of 40 CFR
51.165(a)(1)(v)(F); therefore, we propose
to find that NR 408.02(20)(a) satisfies
the requirements of 40 CFR
51.165(a)(1)(v)(F).
5. Significant Emission Rates for VOC
and NOX as Ozone Precursors—40 CFR
51.165(a)(1)(x)(A)–(C) and (E)
Under 40 CFR 51.165(a)(1)(x)(A), (B)
and (e), the significant emission rate for
ozone is 40 tons per year of VOC or
NOX, except that the significant
emission rate in serious or severe
nonattainment areas shall be 25 tons per
year. Under 40 CFR 51.165(a)(1)(x)(E),
any increase in actual emissions of VOC
from any emissions unit at a major
stationary source of VOC located in an
extreme ozone nonattainment area shall
be considered a significant net
emissions increase.
Wisconsin has certified that NR
408.02(32)(a),(c),(d) and (f) satisfy these
requirements. NR 408.02(32)(a) defines
significant emission rates for NOX of 40
tons per year and for ozone of 40 tons
per year of VOC. NR 408.02(32)(c)
defines significant for serious and
severe ozone nonattainment areas as 25
tons per year of VOC. NR 408.02(32)(d)
states that any increase in VOC
emissions at a major source of VOC in
an extreme ozone nonattainment area is
considered significant. NR 408.02(32)(f)
states that for purposes of applying NR
408.03(5)(major NSR applicability) to
major sources of NOX located in ozone
nonattainment areas, the significant
emission rates and other requirements
for VOC shall apply to NOX emissions.
These provisions satisfy the
requirements of 40 CFR
51.165(a)(1)(x)(A)–(C) and (E) with
respect to VOC emissions. While the
significant emission rate for ozone in
NR 408.02(32)(a) does not specifically
include NOX, Wisconsin has certified
that other provisions ensure NOX would
also be subject to the 40 tons per year
significance rate for ozone. NR 408.03(2)
provides that the NNSR requirements
shall apply to any new source or major
modification that is major for the
pollutant, or precursor of the pollutant,
for which the area is designated as
nonattainment. Therefore, a major
modification of NOX in an ozone
nonattainment area would trigger NNSR
requirements for ozone. EPA is
proposing to find that NR 408.02(32)(a),
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3379
(c), (d) and (f) in conjunction with NR
408.03(2) satisfy the requirements of 40
CFR 51.165(a)(1)(x)(A)–(C) and (E).
6. Provisions for Emissions Reduction
Credits—40 CFR 51.165 (a)(3)(ii)(C)(1)–
(2)
Under 40 CFR 51.165(a)(3)(ii)(C)(1)
and (2), to be considered creditable,
emission reductions achieved by
shutting down an existing emission unit
or curtailing production or operating
hours must be surplus, permanent,
quantifiable, and federally enforceable.
Shutdowns or curtailments must have
occurred after the last day of the base
year for the SIP planning process.
Reviewing authorities may choose to
consider a prior shutdown or
curtailment to have occurred after the
last day of the base year if the projected
emissions inventory used to develop the
attainment demonstration explicitly
includes emissions from the previously
shutdown or curtailed emissions units,
but in no event may credit be granted
for shutdowns that occurred prior to
August 7, 1977. Shutdown or
curtailment reductions occurring before
the last day of the base year for the SIP
planning process may also be generally
credited if the shutdown or curtailment
occurred on or after the date the
construction permit application is filed
or if the applicant can establish that the
proposed new emissions unit is a
replacement for the shutdown or
curtailed emission unit and the
emission reductions that result are
surplus, permanent, quantifiable, and
federally enforceable. Wisconsin has
certified that the requirements of NR
408.06(7)(a), NR 408.06(7)(a)(1), NR
408.06(7)(a)(4), and NR 408.06(7)(b)
satisfy these requirements.
NR 408.06(7)(a) states that ‘‘emissions
reductions achieved by shutting down
an existing source or curtailing
production or operating hours below
baseline levels may be generally
credited if (1) The reductions are
surplus, permanent, quantifiable and
federally enforceable . . . (4) The
shutdown or curtailment occurs on or
after the date specified for this purpose
in the state implementation plan, and if
the date specified is on or after the date
of the most recent emissions inventory
used in the plan’s demonstration of
attainment. The department may
consider a prior shutdown or
curtailment to have occurred after the
date of its most recent emissions
inventory, if the inventory explicitly
includes as current existing emissions
the emissions from the previously shut
down or curtailed sources. However, no
credit is available for shutdowns which
occurred prior to August 7, 1977.’’ NR
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408.06(7)(b) states that ‘‘the emission
reductions described in par. (a) may be
credited in the absence of a U.S.
environmental protection agency
approved state implementation plan
only if the shutdown or curtailment
occurs on or after the date the
construction permit application is filed
or if the applicant can establish that the
proposed new source is a replacement
for the shut down or curtailed source,
and the cutoff date provisions of par.
(a)4. are observed.’’ EPA finds these
provisions to be consistent with the
Federal requirements; therefore, we
propose to find that the provisions of
NR 408.06(7)(a), NR 408.06(7)(a)(1), NR
408.06(7)(a)(4) and NR 408.06(7)(b)
satisfy the requirements of 40 CFR
51.165(a)(3)(ii)(C)(1) and (2).
7. Requirements for VOC Apply to NOX
as Ozone Precursors—40 CFR
51.165(a)(8)
Under 40 CFR 51.165(a)(8), all
requirements applicable to major
stationary sources and major
modifications of VOC shall apply to
NOX except where the Administrator
has granted a NOX waiver applying the
standards set forth under CAA section
182(f) and the waiver continues to
apply. Wisconsin has certified that these
Federal requirements are satisfied by NR
408.03(5). NR 408.03(5) states ‘‘The
requirements of ss. NR 408.04 to 408.10
applicable to new major sources or
major modifications of VOC shall apply
to nitrogen oxides emissions from new
major sources or major modifications of
nitrogen oxides, except that the
requirements do not apply if the
administrator determines, when the
administrator approves a plan, plan
revision or petition under provisions of
section 182(f) of the CAA (42 U.S.C.
7511a(f)), that the statutory
requirements of section 1829f) do not
apply.’’ We find that NR 408.03(5) is
consistent with the requirements of 40
CFR 51.165(a)(8); therefore, we propose
to find that the Wisconsin SIP satisfies
the requirements of 40 CFR 51.165(a)(8).
8. Offset Ratios for VOC and NOX for
Ozone Nonattainment Areas—40 CFR
51.165(a)(9)(ii)–(iv)
Under 40 CFR 51.165(a)(9)(ii)(A)–(E),
the VOC offset ratios shall be 1.1:1 in
marginal ozone nonattainment areas,
1.15:1 in moderate ozone nonattainment
areas, 1.2:1 in serious ozone
nonattainment areas, and 1.3:1 in severe
ozone nonattainment areas, and 1.5:1 in
extreme ozone nonattainment areas. NR
408.06(4) states ‘‘In meeting the
requirements of sub. (3) for ozone
nonattainment areas classified under
section 182 of the CAA (42 U.S.C.
VerDate Sep<11>2014
18:15 Feb 11, 2019
Jkt 247001
7511a), the ratio of total actual emission
reductions of VOCs, and nitrogen oxides
where applicable, to the net emissions
increase for the same air contaminant
class shall be as follows:
(a) In any rural transport or marginal
nonattainment area for ozone: at least
1.1 to 1.
(b) In any moderate nonattainment
area for ozone: At least 1.15 to 1.
(c) In any serious nonattainment area
for ozone: At least 1.2 to 1.
(d) In any severe nonattainment area
for ozone: At least 1.3 to 1.
(e) In any extreme nonattainment area
for ozone: At least 1.5 to l.’’ The offset
ratios for both VOC and NOX are
consistent with 40 CFR
51.165(a)(9)(ii)(A)–(E); therefore, we
propose to find that the requirements of
NR 408.06(4) satisfy the requirements of
40 CFR 51.165(a)(9)(ii)(A)–(E).
40 CFR 51.165(a)(9)(iv) requires, for
ozone nonattainment areas subject to
CAA title 1, part D, subpart 1 but not
subpart 2, an offset ratio of at least 1:1.
All of the current ozone nonattainment
areas in Wisconsin were designated
pursuant to CAA title 1, part D, subpart
2 and so this requirement does not
apply to Wisconsin at this time.
9. OTR Requirements
Wisconsin is not located in an OTR,
and has certified as such. Wisconsin is
not required to include the OTR
provisions set forth in 40 CFR
51.165(a)(1)(iv)(A)(1)(ii), 40 CFR
51.165(a)(1)(iv)(A)(2)(ii), 40 CFR
51.165(a)(1)(v)(E), 40 CFR
51.165(a)(1)(x)(C), 40 CFR 51.165(a)(8),
and 40 CFR 51.165(a)(9)(iii) in the SIP
until such time that EPA publishes rules
that establish Wisconsin as part of the
OTR.
10. Anti-Backsliding Provisions—40
CFR 51.165(a)(12)
Anti-backsliding provisions are
designed to ensure that for existing
ozone nonattainment areas that are
designated nonattainment for a revised
and more stringent ozone NAAQS, (1)
there is protection against degradation
of air quality (i.e., the areas do not
‘‘backslide’’), (2) the areas continue to
make progress toward attainment of the
new, more stringent NAAQS, and (3)
there is consistency with the ozone
NAAQS implementation framework
outlined in CAA title 1, part D, subpart
2. See 78 FR 34211. As part of the SIP
Requirements Rule, EPA revoked the
1997 NAAQS for all purposes and
established anti-backsliding
requirements for areas that remained
designated nonattainment for the
revoked NAAQS. See 80 FR 12265 and
40 CFR 51.165(a)(12). Under 40 CFR
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Frm 00037
Fmt 4702
Sfmt 4702
51.165(a)(12), the anti-backsliding
requirements at 40 CFR 51.1105 apply
in any area designated nonattainment
for the 2008 ozone NAAQS and
designated nonattainment for the 1997
ozone NAAQS on April 6, 2015. The
anti-backsliding requirements apply to
Sheboygan County, which was
designated as a moderate ozone
nonattainment area for the 1997 ozone
NAAQS. Anti-backsliding requirements
are addressed in documents issued by
the Wisconsin Department of Natural
Resources pursuant toss. 285.23(2), and
are included as part of a separate SIP
action.
III. What action is EPA proposing?
EPA is proposing to approve
Wisconsin’s July 18, 2018 SIP revision
addressing the NNSR requirements for
the 2008 ozone NAAQS for the
Wisconsin portion of the Chicago
Nonattainment Area and for Sheboygan
County. EPA has concluded that
Wisconsin’s submission fulfills the 40
CFR 51.1114 revision requirement,
meets the requirements of CAA sections
110 and 172 and the minimum SIP
requirements of 40 CFR 51.165.
Approval of the NNSR requirements
would address EPA’s finding that
Wisconsin failed to submit moderate
ozone NNSR requirements and turn off
the sanctions and FIP clock.
IV. Statutory and Executive Order
Reviews
Under the 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
E:\FR\FM\12FEP1.SGM
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Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules
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 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: December 20, 2018.
James O. Payne,
Acting Deputy Regional Administrator,
Region 5.
[FR Doc. 2019–02055 Filed 2–11–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0078; FRL–9989–
37—Region 4]
The Environmental Protection
Agency (EPA) is proposing to approve
changes to the North Carolina State
Implementation Plan (SIP) submitted by
the State of North Carolina, through the
North Carolina Department of
Environmental Quality (NCDEQ),
through letters dated April 4, 2017,
August 22, 2017, and September 28,
2018. These SIP revisions make
amendments, most of which are
structural and minor, to North
Carolina’s source testing rules. This
action is being taken pursuant to the
Clean Air Act (CAA or Act).
SUMMARY:
Comments must be received on
or before March 14, 2019.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2018–0078 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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, 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-pa-dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Mr. Febres can be
reached by telephone at (404) 562–8966
or via electronic mail at febresmartinez.andres@epa.gov.
I. What action is the EPA taking today?
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
Through letters dated April 4, 2017,
August 22, 2017, and September 28,
2018, the State of North Carolina,
through NCDEQ, submitted three SIP
VerDate Sep<11>2014
18:15 Feb 11, 2019
Jkt 247001
revisions for EPA approval.1 These SIP
revisions include structural
amendments to 15A North Carolina
Administrative Code (NCAC) 02D
Section .0501—Compliance with
Emission Control Standards, and
typographical amendments to 15A
NCAC 02D Section .0536—Particulate
Emissions from Electric Utility Boilers.2
Additionally, the SIP revisions
incorporate, for primarily structural,
organizational reasons, four new rules:
15A NCAC 02D Sections .2609—
Particulate Testing Method, .2610—
Opacity, .2611—Sulfur Dioxide Testing
Methods, and .2617—Total Reduced
Sulfur. EPA has preliminarily
determined that a number of these
changes to the North Carolina SIP are
either structural or minor and
ministerial and do not alter the meaning
of any SIP provisions, that others are
SIP-strengthening, and that all are
consistent with federal regulations
regarding source testing and are
approvable pursuant to section 110 of
the CAA. The changes that are the
subject of this proposed rulemaking are
described in further detail in section III
below.
II. Background
On November 19, 2008, North
Carolina submitted to EPA for approval
a SIP revision which restructured the
way the SIP identified source testing
methods. The November 19, 2008, SIP
revision removed all references to
required source testing methods from
the source-category rules of the SIP and
compiled them into a new section:
Subchapter 2D Section .2600, Source
Testing. This new rule section
consolidated North Carolina’s testing
protocols with federal air source testing
methods formerly located throughout
DEQ’s rules and amended existing
source-category standards to add crossreferences to the applicable testing rules
in the new section, 2D Section .2600.
EPA partially approved the November
19, 2008, SIP revision, together with
several other SIP revisions, but did not
act on some of the proposed
amendments at the time. See 78 FR
27065 (May 9, 2013).
Through a letter dated April 4, 2017,
North Carolina submitted a request to
withdraw some of the proposed changes
from the November 19, 2008, SIP
revision and to resubmit these changes
SUPPLEMENTARY INFORMATION:
Air Plan Approval; North Carolina;
Miscellaneous Rules
AGENCY:
3381
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
1 EPA received the SIP revisions on April 28,
2017, September 6, 2017, and October 10, 2018,
respectively.
2 In the table of North Carolina regulations
federally approved into the SIP at 40 CFR
52.1770(c), 15A NCAC 02D is referred to as
‘‘Subchapter 2D Air Pollution Control
Requirements.’’
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]]>Agencies
[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Proposed Rules]
[Pages 3376-3381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02055]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0569; FRL-9989-24-Region 5]
Air Plan Approval; Wisconsin; Nonattainment New Source Review
Requirements for the 2008 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve, as a State Implementation Plan (SIP) revision, Wisconsin's
certification that its SIP satisfies the nonattainment new source
review (NNSR) requirements of the Clean Air Act (CAA) for the 2008
ozone National Ambient Air Quality
[[Page 3377]]
Standard (NAAQS). The State's submittal is in response to EPA's
February 3 and December 11, 2017 Findings of Failure to Submit (FFS)
final rule, which found that Wisconsin failed to timely submit certain
SIP elements to satisfy CAA requirements for implementation of the 2008
ozone NAAQS in nonattainment areas. EPA is proposing to approve this
revision in accordance with the requirements of the CAA. Approval of
the NNSR requirements would address EPA's finding that Wisconsin failed
to submit moderate ozone NNSR requirements and turn off the sanctions
and Federal Implementation Plan (FIP) clock.
DATES: Comments must be received on or before March 14, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO5-
OAR-2018-0569, at https://www.regulations.gov, or via email to
damico.genvienve@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: Rachel Rineheart, Environmental
Engineer, Air Permits Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-7017, rineheart.rachel@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 EPA's Evaluation of Wisconsin's Submittal?
III. What Action Is EPA Proposing?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
A. Background on the 2008 Ozone Standard
On March 27, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm).\1\ Promulgation of a revised NAAQS
triggers a requirement for EPA to designate areas of the country as
nonattainment, attainment, or unclassifiable for the standard. For the
ozone NAAQS, this also involves classifying any nonattainment areas at
the time of designation.\2\ Ozone nonattainment areas are classified
based on the severity of their ozone levels (as determined based on the
area's ``design value,'' which represents air quality in the area for
the most recent 3 years). The classifications for ozone nonattainment
areas are marginal, moderate, serious, severe, and extreme.\3\
---------------------------------------------------------------------------
\1\ 73 FR 16436.
\2\ CAA sections 107(d)(1) and 181(a)(1).
\3\ CAA section 181(a)(1).
---------------------------------------------------------------------------
Areas that EPA designates nonattainment for the ozone NAAQS are
subject to the general nonattainment area planning requirements of CAA
section 172 and also to the ozone-specific planning requirements of CAA
section 182. Ozone nonattainment areas in the lower classification
levels have fewer and/or less stringent mandatory air quality planning
and control requirements than those in higher classifications. For
marginal areas, a state is required to submit a baseline emissions
inventory, adopt provisions into the SIP requiring emissions statements
from stationary sources, and implement a NNSR program for the relevant
ozone NAAQS.\4\ For moderate areas, a state needs to comply with the
marginal area requirements, plus additional moderate area requirements,
including the requirement to submit a modeled demonstration that the
area will attain the NAAQS as expeditiously as practicable but no later
than 6 years after designation, the requirement to submit a reasonable
further progress (RFP) plan, the requirement to adopt and implement
certain emissions controls, such as RACT and I/M, and the requirement
for greater emissions offsets for new or modified major stationary
sources under the state's NNSR program.\5\
---------------------------------------------------------------------------
\4\ CAA section 182(a).
\5\ CAA section 182(b).
---------------------------------------------------------------------------
B. Background on the Wisconsin Ozone Nonattainment Areas
On June 11, 2012,\6\ EPA designated the Chicago area as a marginal
nonattainment area for the 2008 ozone NAAQS. The Chicago area includes
Cook, DuPage, Kane, Lake, McHenry, and Will Counties and part of Grundy
and Kendall Counties in Illinois; Lake and Porter Counties in Indiana;
and part of Kenosha County in Wisconsin. On May 4, 2016,\7\ pursuant to
section 18l(b)(2) of the CAA, EPA determined that the Chicago area
failed to attain the 2008 ozone NAAQS by the July 20, 2015 marginal
area attainment deadline and thus reclassified the area from marginal
to moderate nonattainment. In that action, EPA established January 1,
2017, as the due date for all moderate area nonattainment plan SIP
requirements applicable to newly reclassified areas. Pleasant Prairie
and Somers townships in Kenosha County are part of the Chicago area
nonattainment area. The remainder of Kenosha County is designated as
unclassifiable/attainment.
---------------------------------------------------------------------------
\6\ CAA section 182(b).
\7\ 81 FR 26697.
---------------------------------------------------------------------------
On May 21, 2012,\8\ EPA designated Sheboygan County in Wisconsin as
a marginal nonattainment area for the 2008 ozone NAAQS. On December 19,
2016,\9\ pursuant to section 18l(b) of the CAA, EPA determined that
Sheboygan County failed to attain the 2008 ozone NAAQS by the July 20,
2016 marginal area attainment deadline and thus reclassified the area
from marginal to moderate nonattainment. In that action, EPA
established January 1, 2017, as the due date for all moderate area
nonattainment plan SIP requirements applicable to newly reclassified
areas.
---------------------------------------------------------------------------
\8\ 77 FR 30088 (May 21, 2012).
\9\ 81 FR 91841 (December 19, 2016).
---------------------------------------------------------------------------
Effective March 6, 2017, EPA found that 15 states and the District
of Columbia failed to submit SIP revisions in a timely manner to
satisfy certain requirements for the 2008 ozone NAAQS.\10\ This finding
established certain deadlines for the imposition of sanctions if a
state does not submit a timely SIP revision addressing the requirements
for which the finding was made and for EPA to promulgate a FIP to
address any outstanding SIP requirements. As part of that action, EPA
made a finding that Wisconsin failed to submit a marginal NNSR SIP for
the Wisconsin portion of the Chicago area and for Sheboygan County.
---------------------------------------------------------------------------
\10\ 82 FR 9158 (February 3, 2017).
---------------------------------------------------------------------------
[[Page 3378]]
II. What is EPA's evaluation of Wisconsin's submittal?
On July 19, 2018, Wisconsin submitted a SIP revision requesting EPA
approve Wisconsin's certification that its existing SIP-approved NNSR
regulations fully satisfy the NNSR requirements set forth in 40 CFR
51.165 for both marginal and moderate ozone nonattainment areas for the
2008 ozone NAAQS. The NNSR certification addresses the deficiency that
was the basis for the March 6, 2017 finding; therefore, approval of the
certification would turn off both the sanctions and FIP clocks for the
Wisconsin portion of the Chicago area and for Sheboygan County.
A. Background
CAA sections ll0(a)(2) and 172(c)(5) require permits for the
construction of new or modified major stationary sources anywhere in a
nonattainment area in accordance with CAA section 173. CAA section 182
contains additional requirements applicable to ozone nonattainment
areas. NNSR requirements are codified at 40 CFR 51.165.
On March 6, 2017, EPA found that Wisconsin failed to submit
moderate ozone NNSR rules for the Wisconsin portions of the Chicago
area 2008 ozone nonattainment areas and for the Sheboygan County 2008
ozone nonattainment area. On July 19, 2018, Wisconsin submitted its
NNSR certification to address NNSR requirements for marginal and
moderate ozone nonattainment areas.
Wisconsin has certified that specific sections of its NNSR rules at
NR 408 continue to meet the NNSR program requirements for ozone
nonattainment areas under the 2008 ozone NAAQS. The table below
provides the sections of Wisconsin's NNSR rule corresponding to the
relevant requirements at 40 CFR 51.165. NR 408 was originally approved
into the SIP effective February 17, 1995,\11\ with revisions
subsequently approved into the SIP effective January 16, 2009.\12\ Each
requirement identified in Wisconsin's certification has not been
revised since EPA last approved it. The following table lists the
specific provisions of Wisconsin's NNSR rules that address the required
elements of the Federal NNSR rules:
---------------------------------------------------------------------------
\11\ See 60 FR 3538.
\12\ See 73 FR 76560.
------------------------------------------------------------------------
Federal rule Wisconsin rule
------------------------------------------------------------------------
40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv).. NR 408.02(21), NR
408.02(21)(a)(1)(b), (C), (d)
and (e).
40 CFR 51.165(a)(1)(iv)(A)(2).......... NR 408.02(21)(b), NR
408.02(21)(b)(1)(a)-(c), and
NR 408.02(21)(b)(2)-(4).
40 CFR 51.165(a)(1)(iv)(A)(3).......... NR 408.02(21)(a)(3).
40 CFR 51.165(a)(1)(v)(E).............. NR 408.02(20)(c).
40 CFR 51.165(a)(1)(v)(F).............. NR 408.02(20)(a).
40 CFR 51.165(a)(1)(x)(A).............. NR 408.02(32)(a) and NR
408.02(32)(a)(6).
40 CFR 51.165(a)(1)(x)(B).............. NR 408.02(32)(c).
40 CFR 51.165(a)(1)(x)(C).............. NR 408.02(32)(f) and NR
408.03(5).
40 CFR 51.165(a)(1)(x)(E).............. NR 408.02(32)(d).
40 CFR 51.165(a)(3)(ii)(C)(1).......... NR 408.06(7)(a), NR
408.06(7)(a)(1), and NR
408.06(7)(a)(4).
40 CFR 51.165(a)(3)(ii)(C)(2).......... NR 408.06(7)(b).
40 CFR 51.165(a)(8).................... NR 408.03(5).
40 CFR 51.165(a)(9)(ii)-(iv)........... NR 408.06(4)(a)-(e), NR
408.06(5), and NR
408.05(2)(b).
------------------------------------------------------------------------
B. Analysis of Wisconsin's NNSR Rules
For the following reasons, we are proposing to approve Wisconsin's
certification that NR 408 is consistent with 40 CFR 51.165 and meets
the requirements of CAA sections 172(c)(5), 173, 110(a)(2), 182(a)(4),
and 182(b)(5) under the 2008 ozone standard for the Wisconsin portion
of the Chicago area ozone nonattainment area and for Sheboygan County.
Approval of Wisconsin's NNSR certification would address the deficiency
that was the basis for the March 6, 2017 finding. Therefore, approval
of this SIP revision would turn off both the sanctions and FIP clocks
for the Wisconsin 2008 ozone nonattainment areas.
1. Major Source Thresholds for Ozone--40 CFR 51.165(a)(1)(iv)(A)(1)(i)-
(iv) and (2)
The major source thresholds for both volatile organic compounds
(VOC) and nitrogen oxides (NOX) (i.e. ozone precursors) are
defined in 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2). The
applicable thresholds vary depending on the classification of the ozone
nonattainment area. For marginal and moderate ozone nonattainment
areas, a major stationary source of ozone is a source that emits, or
has the potential to emit, 100 tons per year of VOC or NOX.
Different emissions thresholds apply for Serious, Severe and Extreme
ozone nonattainment areas and for areas located in an ozone transport
region (OTR).
Wisconsin has certified that the Federal requirements for major
source thresholds for VOC and NOX are addressed by NR
408.02(21). Under NR 408.02(21)(a), for an area designated as
nonattainment for ozone, a major stationary source is a stationary
source which emits or has the potential to emit VOC in an amount equal
to or greater than (1) 100 tons per year in an area classified as
marginal or moderate nonattainment for ozone (NR 408.02(21)(a)(1); (2)
50 tons per year of VOC in an area designated as serious nonattainment
for ozone (NR 408.02(21)(a)(1)(b)); (3) 25 tons per year of VOC in an
area designated as severe for ozone (NR 408.02(21)(a)(1)(d)); and (4)
10 tons per year of VOC in an area designated as extreme for ozone (NR
408.02(21)(a)(1)(e)). Under NR 408.02(21)(b), for an area designated as
nonattainment for ozone, a major stationary source is a stationary
source which emits or has the potential to emit NOX in an
amount equal to or greater than (1) 100 tons per year in an area
classified as marginal or moderate nonattainment for ozone (NR
408.02(21)(b)(1)(a)); (2) 50 tons per year in an area classified as
serious nonattainment for ozone (NR 408.02(21)(b)(2)); (3) 25 tons per
year in an area classified as severe nonattainment for ozone (NR
408.02(21)(b)(3)); and (4) 10 tons per year in an area classified as
extreme nonattainment for ozone (NR 408.02(21)(b)(4)).
Wisconsin's thresholds are consistent with the Federal thresholds;
therefore, we propose to find that Wisconsin's NNSR provisions at NR
408.02(21)
[[Page 3379]]
satisfy the requirements of 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and
(2).
2. Change Constitutes Major Source by Itself--40 CFR
51.165(a)(1)(iv)(A)(3)
Under 40 CFR 51.165(a)(1)(iv)(A)(3), any physical change that would
occur at a stationary source not qualifying as major stationary source
becomes a major stationary source if the change would constitute a
major stationary source by itself. Wisconsin has certified that the
requirement is addressed by NR 408.02(21)(a)(3) which states that a
major source includes ``any physical change that would occur at a
stationary source not qualifying under subd. 1. or 2. as a major
source, if the change would constitute a major source by itself.''
Wisconsin's provisions are consistent with Federal provisions;
therefore, we propose to find that the Wisconsin SIP at NR
408.02(21)(a)(3) satisfies the requirements of 40 CFR
51.165(a)(1)(iv)(A)(3).
3. Significant Net Emissions Increase of NOX Is Significant
for Ozone--40 CFR 51.165(a)(1)(v)(E)
Under 40 CFR 51.165(a)(1)(v)(E), any significant net emissions
increase of NOX is considered significant for ozone.
Wisconsin has certified that this requirement is addressed by NR
408.02(20)(c), which provides that any significant net emissions
increase of NOX is considered significant for ozone in
addition to any separate requirements for nitrogen oxides. Wisconsin's
provisions at NR 408.02(20)(c) are consistent with the Federal
requirements at 40 CFR 51.165(a)(1)(v)(E); therefore, we propose to
find that NR 408.02(20(c) satisfies the requirements of 40 CFR 51.
165(a)(1)(v)(E).
4. Any Emissions Change of VOC in an Extreme Area Triggers NNSR--40 CFR
51.165 (a)(1)(v)(F)
Under 40 CFR 51.165(a)(1)(v)(F), any physical change in, or change
in the method of operation of, a major stationary source of VOC that
results in any increase in emissions of VOC from any discrete
operation, emissions unit, or other pollutant emitting activity at the
source shall be considered a significant net emissions increase and a
major modification for ozone, if the major stationary source is located
in an extreme ozone nonattainment are that is subject to CAA title 1,
part D, subpart 2. Wisconsin has certified that this requirement is
addressed by NR 408.02(20)(a). NR 408.02(20)(a) provides that ``any
physical change in, or change in the method of operation of a major
source of VOCs located in an extreme nonattainment area for ozone which
results in any increase in emissions of VOCs from any discrete
operation, emissions unit or other pollutant emitting activity at the
source shall be considered a major modification for ozone.''
Wisconsin's provision at NR 408.02(20)(a) is consistent with the
Federal requirements of 40 CFR 51.165(a)(1)(v)(F); therefore, we
propose to find that NR 408.02(20)(a) satisfies the requirements of 40
CFR 51.165(a)(1)(v)(F).
5. Significant Emission Rates for VOC and NOX as Ozone
Precursors--40 CFR 51.165(a)(1)(x)(A)-(C) and (E)
Under 40 CFR 51.165(a)(1)(x)(A), (B) and (e), the significant
emission rate for ozone is 40 tons per year of VOC or NOX,
except that the significant emission rate in serious or severe
nonattainment areas shall be 25 tons per year. Under 40 CFR
51.165(a)(1)(x)(E), any increase in actual emissions of VOC from any
emissions unit at a major stationary source of VOC located in an
extreme ozone nonattainment area shall be considered a significant net
emissions increase.
Wisconsin has certified that NR 408.02(32)(a),(c),(d) and (f)
satisfy these requirements. NR 408.02(32)(a) defines significant
emission rates for NOX of 40 tons per year and for ozone of
40 tons per year of VOC. NR 408.02(32)(c) defines significant for
serious and severe ozone nonattainment areas as 25 tons per year of
VOC. NR 408.02(32)(d) states that any increase in VOC emissions at a
major source of VOC in an extreme ozone nonattainment area is
considered significant. NR 408.02(32)(f) states that for purposes of
applying NR 408.03(5)(major NSR applicability) to major sources of
NOX located in ozone nonattainment areas, the significant
emission rates and other requirements for VOC shall apply to
NOX emissions. These provisions satisfy the requirements of
40 CFR 51.165(a)(1)(x)(A)-(C) and (E) with respect to VOC emissions.
While the significant emission rate for ozone in NR 408.02(32)(a) does
not specifically include NOX, Wisconsin has certified that
other provisions ensure NOX would also be subject to the 40
tons per year significance rate for ozone. NR 408.03(2) provides that
the NNSR requirements shall apply to any new source or major
modification that is major for the pollutant, or precursor of the
pollutant, for which the area is designated as nonattainment.
Therefore, a major modification of NOX in an ozone
nonattainment area would trigger NNSR requirements for ozone. EPA is
proposing to find that NR 408.02(32)(a), (c), (d) and (f) in
conjunction with NR 408.03(2) satisfy the requirements of 40 CFR
51.165(a)(1)(x)(A)-(C) and (E).
6. Provisions for Emissions Reduction Credits--40 CFR 51.165
(a)(3)(ii)(C)(1)-(2)
Under 40 CFR 51.165(a)(3)(ii)(C)(1) and (2), to be considered
creditable, emission reductions achieved by shutting down an existing
emission unit or curtailing production or operating hours must be
surplus, permanent, quantifiable, and federally enforceable. Shutdowns
or curtailments must have occurred after the last day of the base year
for the SIP planning process. Reviewing authorities may choose to
consider a prior shutdown or curtailment to have occurred after the
last day of the base year if the projected emissions inventory used to
develop the attainment demonstration explicitly includes emissions from
the previously shutdown or curtailed emissions units, but in no event
may credit be granted for shutdowns that occurred prior to August 7,
1977. Shutdown or curtailment reductions occurring before the last day
of the base year for the SIP planning process may also be generally
credited if the shutdown or curtailment occurred on or after the date
the construction permit application is filed or if the applicant can
establish that the proposed new emissions unit is a replacement for the
shutdown or curtailed emission unit and the emission reductions that
result are surplus, permanent, quantifiable, and federally enforceable.
Wisconsin has certified that the requirements of NR 408.06(7)(a), NR
408.06(7)(a)(1), NR 408.06(7)(a)(4), and NR 408.06(7)(b) satisfy these
requirements.
NR 408.06(7)(a) states that ``emissions reductions achieved by
shutting down an existing source or curtailing production or operating
hours below baseline levels may be generally credited if (1) The
reductions are surplus, permanent, quantifiable and federally
enforceable . . . (4) The shutdown or curtailment occurs on or after
the date specified for this purpose in the state implementation plan,
and if the date specified is on or after the date of the most recent
emissions inventory used in the plan's demonstration of attainment. The
department may consider a prior shutdown or curtailment to have
occurred after the date of its most recent emissions inventory, if the
inventory explicitly includes as current existing emissions the
emissions from the previously shut down or curtailed sources. However,
no credit is available for shutdowns which occurred prior to August 7,
1977.'' NR
[[Page 3380]]
408.06(7)(b) states that ``the emission reductions described in par.
(a) may be credited in the absence of a U.S. environmental protection
agency approved state implementation plan only if the shutdown or
curtailment occurs on or after the date the construction permit
application is filed or if the applicant can establish that the
proposed new source is a replacement for the shut down or curtailed
source, and the cutoff date provisions of par. (a)4. are observed.''
EPA finds these provisions to be consistent with the Federal
requirements; therefore, we propose to find that the provisions of NR
408.06(7)(a), NR 408.06(7)(a)(1), NR 408.06(7)(a)(4) and NR
408.06(7)(b) satisfy the requirements of 40 CFR 51.165(a)(3)(ii)(C)(1)
and (2).
7. Requirements for VOC Apply to NOX as Ozone Precursors--40
CFR 51.165(a)(8)
Under 40 CFR 51.165(a)(8), all requirements applicable to major
stationary sources and major modifications of VOC shall apply to
NOX except where the Administrator has granted a
NOX waiver applying the standards set forth under CAA
section 182(f) and the waiver continues to apply. Wisconsin has
certified that these Federal requirements are satisfied by NR
408.03(5). NR 408.03(5) states ``The requirements of ss. NR 408.04 to
408.10 applicable to new major sources or major modifications of VOC
shall apply to nitrogen oxides emissions from new major sources or
major modifications of nitrogen oxides, except that the requirements do
not apply if the administrator determines, when the administrator
approves a plan, plan revision or petition under provisions of section
182(f) of the CAA (42 U.S.C. 7511a(f)), that the statutory requirements
of section 1829f) do not apply.'' We find that NR 408.03(5) is
consistent with the requirements of 40 CFR 51.165(a)(8); therefore, we
propose to find that the Wisconsin SIP satisfies the requirements of 40
CFR 51.165(a)(8).
8. Offset Ratios for VOC and NOX for Ozone Nonattainment
Areas--40 CFR 51.165(a)(9)(ii)-(iv)
Under 40 CFR 51.165(a)(9)(ii)(A)-(E), the VOC offset ratios shall
be 1.1:1 in marginal ozone nonattainment areas, 1.15:1 in moderate
ozone nonattainment areas, 1.2:1 in serious ozone nonattainment areas,
and 1.3:1 in severe ozone nonattainment areas, and 1.5:1 in extreme
ozone nonattainment areas. NR 408.06(4) states ``In meeting the
requirements of sub. (3) for ozone nonattainment areas classified under
section 182 of the CAA (42 U.S.C. 7511a), the ratio of total actual
emission reductions of VOCs, and nitrogen oxides where applicable, to
the net emissions increase for the same air contaminant class shall be
as follows:
(a) In any rural transport or marginal nonattainment area for
ozone: at least 1.1 to 1.
(b) In any moderate nonattainment area for ozone: At least 1.15 to
1.
(c) In any serious nonattainment area for ozone: At least 1.2 to 1.
(d) In any severe nonattainment area for ozone: At least 1.3 to 1.
(e) In any extreme nonattainment area for ozone: At least 1.5 to
l.'' The offset ratios for both VOC and NOX are consistent
with 40 CFR 51.165(a)(9)(ii)(A)-(E); therefore, we propose to find that
the requirements of NR 408.06(4) satisfy the requirements of 40 CFR
51.165(a)(9)(ii)(A)-(E).
40 CFR 51.165(a)(9)(iv) requires, for ozone nonattainment areas
subject to CAA title 1, part D, subpart 1 but not subpart 2, an offset
ratio of at least 1:1. All of the current ozone nonattainment areas in
Wisconsin were designated pursuant to CAA title 1, part D, subpart 2
and so this requirement does not apply to Wisconsin at this time.
9. OTR Requirements
Wisconsin is not located in an OTR, and has certified as such.
Wisconsin is not required to include the OTR provisions set forth in 40
CFR 51.165(a)(1)(iv)(A)(1)(ii), 40 CFR 51.165(a)(1)(iv)(A)(2)(ii), 40
CFR 51.165(a)(1)(v)(E), 40 CFR 51.165(a)(1)(x)(C), 40 CFR 51.165(a)(8),
and 40 CFR 51.165(a)(9)(iii) in the SIP until such time that EPA
publishes rules that establish Wisconsin as part of the OTR.
10. Anti-Backsliding Provisions--40 CFR 51.165(a)(12)
Anti-backsliding provisions are designed to ensure that for
existing ozone nonattainment areas that are designated nonattainment
for a revised and more stringent ozone NAAQS, (1) there is protection
against degradation of air quality (i.e., the areas do not
``backslide''), (2) the areas continue to make progress toward
attainment of the new, more stringent NAAQS, and (3) there is
consistency with the ozone NAAQS implementation framework outlined in
CAA title 1, part D, subpart 2. See 78 FR 34211. As part of the SIP
Requirements Rule, EPA revoked the 1997 NAAQS for all purposes and
established anti-backsliding requirements for areas that remained
designated nonattainment for the revoked NAAQS. See 80 FR 12265 and 40
CFR 51.165(a)(12). Under 40 CFR 51.165(a)(12), the anti-backsliding
requirements at 40 CFR 51.1105 apply in any area designated
nonattainment for the 2008 ozone NAAQS and designated nonattainment for
the 1997 ozone NAAQS on April 6, 2015. The anti-backsliding
requirements apply to Sheboygan County, which was designated as a
moderate ozone nonattainment area for the 1997 ozone NAAQS. Anti-
backsliding requirements are addressed in documents issued by the
Wisconsin Department of Natural Resources pursuant toss. 285.23(2), and
are included as part of a separate SIP action.
III. What action is EPA proposing?
EPA is proposing to approve Wisconsin's July 18, 2018 SIP revision
addressing the NNSR requirements for the 2008 ozone NAAQS for the
Wisconsin portion of the Chicago Nonattainment Area and for Sheboygan
County. EPA has concluded that Wisconsin's submission fulfills the 40
CFR 51.1114 revision requirement, meets the requirements of CAA
sections 110 and 172 and the minimum SIP requirements of 40 CFR 51.165.
Approval of the NNSR requirements would address EPA's finding that
Wisconsin failed to submit moderate ozone NNSR requirements and turn
off the sanctions and FIP clock.
IV. Statutory and Executive Order Reviews
Under the 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
[[Page 3381]]
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 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 20, 2018.
James O. Payne,
Acting Deputy Regional Administrator, Region 5.
[FR Doc. 2019-02055 Filed 2-11-19; 8:45 am]
BILLING CODE 6560-50-P
