Air Plan Approval; Wisconsin; Reasonable Further Progress Plan and Other Plan Elements for the Moderate Nonattainment Chicago Area for the 2008 Ozone Standards, 3701-3703 [2019-02057]
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Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Rules and Regulations
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[FR Doc. 2019–02181 Filed 2–12–19; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0212; FRL–9989–23–
Region 5]
Air Plan Approval; Wisconsin;
Reasonable Further Progress Plan and
Other Plan Elements for the Moderate
Nonattainment Chicago Area for the
2008 Ozone Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
a revision to the Wisconsin State
Implementation Plan (SIP) to meet the
base year emissions inventory,
reasonable further progress (RFP), RFP
contingency measure, nitrogen oxides
(NOX) reasonably available control
technology (RACT), and motor vehicle
inspection and maintenance (I/M)
requirements of the Clean Air Act (CAA)
for the Wisconsin portion of the
Chicago-Naperville, Illinois-IndianaWisconsin nonattainment area (Chicago
area) for the 2008 ozone National
Ambient Air Quality Standards
(NAAQS or standards). EPA is also
finalizing approval of the 2017 and 2018
transportation conformity motor vehicle
emissions budgets (MVEBs) for the
Wisconsin portion of the Chicago area
for the 2008 ozone NAAQS. EPA
proposed approval of these attainment
planning elements on August 16, 2018,
SUMMARY:
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13FER1
3702
Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Rules and Regulations
and received no adverse comments
germane to this action. Therefore, EPA
is finalizing approval of this SIP
revision pursuant to section 110 and
part D of the CAA and EPA’s regulations
because it satisfies the emission
inventory, RFP, RFP contingency
measure, NOX RACT, I/M, and
transportation conformity requirements
for the Wisconsin portion of the Chicago
area, which is classified as moderate
nonattainment for the 2008 ozone
NAAQS.
This final rule is effective on
March 15, 2019.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0212. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Jenny
Liljegren, Physical Scientist, at (312)
886–6832 before visiting the Region 5
office.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6832,
Liljegren.Jennifer@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:
khammond on DSKBBV9HB2PROD with RULES
I. What is the background for this action?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background for this
action?
Jkt 247001
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).
6 77 FR 34221, effective July 20, 2012.
2 CAA
On March 27, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
16:46 Feb 12, 2019
B. Background on the Chicago 2008
Ozone Nonattainment Area
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
1 73
A. Background on the 2008 Ozone
NAAQS
VerDate Sep<11>2014
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
standards. 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 three 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 certain requirements,
including the general nonattainment
area planning requirements of CAA
section 172 and the ozone-specific
nonattainment 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 in the area, and implement a
nonattainment new source review (NSR)
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 six years
after designation, the requirement to
submit an 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 nonattainment
NSR program.5
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and Kendall Counties in Illinois; Lake
and Porter Counties in Indiana; and the
eastern portion of Kenosha County in
Wisconsin. On May 4, 2016,7 pursuant
to section 181(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.
II. What action is EPA taking?
As explained in the proposed
rulemaking,8 EPA is approving revisions
to Wisconsin’s SIP pursuant to section
110 and part D of the CAA and EPA’s
regulations. Wisconsin’s April 17, 2017,
submission and January 23, 2018,
supplement along with a prior
submission made on August 15, 2016,
satisfy the emission inventory, RFP, RFP
contingency measure, NOX RACT,
emissions statement, I/M, and
transportation conformity requirements
for the Wisconsin portion of the Chicago
area for the 2008 ozone NAAQS.
III. 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);
• 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
7 81
8 83
E:\FR\FM\13FER1.SGM
FR 26697.
FR 40715 (August 16, 2018).
13FER1
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Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Rules and Regulations
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 15, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
VerDate Sep<11>2014
16:46 Feb 12, 2019
Jkt 247001
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. 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, Intergovernmental relations,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
Dated: December 20, 2018.
James O. Payne,
Acting Deputy Regional Administrator,
Region 5.
40 CFR part 52 is amended as follows:
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.2585 is amended by
adding paragraph (ff) to read as follows:
■
Control strategy: Ozone.
*
*
*
*
(ff) Approval—On April 17, 2017, as
supplemented on January 23, 2018,
Wisconsin submitted a revision to its
State Implementation Plan along with a
prior submission on August 15, 2016, to
satisfy the emissions statement,
emission inventory, reasonable further
progress (RFP), RFP contingency
measure, oxides of nitrogen (NOX)
reasonably available control technology
(RACT), motor vehicle inspection and
maintenance (I/M), and transportation
conformity requirements for the
Wisconsin portion of the Chicago area
for the 2008 ozone NAAQS moderate
nonattainment plan. These elements of
the plan meet the requirements of
section 110 and part D of the CAA for
the Wisconsin portion of the Chicago
area, which was reclassified on May 4,
2016, as moderate nonattainment for the
2008 ozone NAAQS. The April 17,
2017, submittal as supplemented on
January 23, 2018, also established new
Motor Vehicle Emissions Budgets
(MVEB) for volatile organic compounds
(VOC) and NOX for the years 2017 and
2018. The MVEBs for the Wisconsin
portion of the Chicago 2008 ozone
NAAQS nonattainment area, which is
the portion of Kenosha County inclusive
and east of Interstate 94, are now: 1.56
tons per summer day of VOC emissions
and 3.05 tons per summer day of NOX
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[FR Doc. 2019–02057 Filed 2–12–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2018–0700; FRL–9988–46–
Region 7]
Air Plan Approval; Missouri;
Emissions Inventory for the Missouri
Jackson County and Jefferson County
2010 Sulfur Dioxide National Ambient
Air Quality Standard Nonattainment
Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
■
*
emissions for the year 2017, and 1.44
tons per summer day of VOC emissions
and 2.75 tons per summer day of NOX
emissions for the year 2018.
AGENCY:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.2585
3703
The Environmental Protection
Agency (EPA) is approving two
submissions from the Missouri
Department of Natural Resources
(MoDNR) revising the State
Implementation Plan (SIP) for the State
of Missouri. The SIP revision
submissions address the Clean Air Act
(CAA) section 172 requirement to
submit a base year emissions inventory
for Missouri’s partial Jackson County
and partial Jefferson County
nonattainment areas of the 2010 1-hour
Sulfur Dioxide (SO2) National Ambient
Air Quality Standard (NAAQS).
DATES: This final rule is effective on
March 15, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2018–0700. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., 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 https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Tracey Casburn, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219, by
telephone at (913) 551–7016, or by
email at casburn.tracey@epa.gov.
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3701-3703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02057]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0212; FRL-9989-23-Region 5]
Air Plan Approval; Wisconsin; Reasonable Further Progress Plan
and Other Plan Elements for the Moderate Nonattainment Chicago Area for
the 2008 Ozone Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a revision to the Wisconsin State Implementation Plan (SIP)
to meet the base year emissions inventory, reasonable further progress
(RFP), RFP contingency measure, nitrogen oxides (NOX)
reasonably available control technology (RACT), and motor vehicle
inspection and maintenance (I/M) requirements of the Clean Air Act
(CAA) for the Wisconsin portion of the Chicago-Naperville, Illinois-
Indiana-Wisconsin nonattainment area (Chicago area) for the 2008 ozone
National Ambient Air Quality Standards (NAAQS or standards). EPA is
also finalizing approval of the 2017 and 2018 transportation conformity
motor vehicle emissions budgets (MVEBs) for the Wisconsin portion of
the Chicago area for the 2008 ozone NAAQS. EPA proposed approval of
these attainment planning elements on August 16, 2018,
[[Page 3702]]
and received no adverse comments germane to this action. Therefore, EPA
is finalizing approval of this SIP revision pursuant to section 110 and
part D of the CAA and EPA's regulations because it satisfies the
emission inventory, RFP, RFP contingency measure, NOX RACT,
I/M, and transportation conformity requirements for the Wisconsin
portion of the Chicago area, which is classified as moderate
nonattainment for the 2008 ozone NAAQS.
DATES: This final rule is effective on March 15, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0212. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Jenny Liljegren, Physical Scientist, at (312) 886-
6832 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6832,
Liljegren.Jennifer@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 action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background for this action?
A. Background on the 2008 Ozone NAAQS
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 standards. 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 three 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 certain requirements, including the general nonattainment
area planning requirements of CAA section 172 and the ozone-specific
nonattainment 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 in the area, and implement a nonattainment new source review
(NSR) 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 six years after
designation, the requirement to submit an 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 nonattainment NSR
program.\5\
---------------------------------------------------------------------------
\4\ CAA section 182(a).
\5\ CAA section 182(b).
---------------------------------------------------------------------------
B. Background on the Chicago 2008 Ozone Nonattainment Area
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 the eastern portion of Kenosha County in Wisconsin. On May 4,
2016,\7\ pursuant to section 181(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.
---------------------------------------------------------------------------
\6\ 77 FR 34221, effective July 20, 2012.
\7\ 81 FR 26697.
---------------------------------------------------------------------------
II. What action is EPA taking?
As explained in the proposed rulemaking,\8\ EPA is approving
revisions to Wisconsin's SIP pursuant to section 110 and part D of the
CAA and EPA's regulations. Wisconsin's April 17, 2017, submission and
January 23, 2018, supplement along with a prior submission made on
August 15, 2016, satisfy the emission inventory, RFP, RFP contingency
measure, NOX RACT, emissions statement, I/M, and
transportation conformity requirements for the Wisconsin portion of the
Chicago area for the 2008 ozone NAAQS.
---------------------------------------------------------------------------
\8\ 83 FR 40715 (August 16, 2018).
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III. 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);
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
[[Page 3703]]
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 15, 2019. 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. 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: December 20, 2018.
James O. Payne,
Acting Deputy 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 52.2585 is amended by adding paragraph (ff) to read as
follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(ff) Approval--On April 17, 2017, as supplemented on January 23,
2018, Wisconsin submitted a revision to its State Implementation Plan
along with a prior submission on August 15, 2016, to satisfy the
emissions statement, emission inventory, reasonable further progress
(RFP), RFP contingency measure, oxides of nitrogen (NOX)
reasonably available control technology (RACT), motor vehicle
inspection and maintenance (I/M), and transportation conformity
requirements for the Wisconsin portion of the Chicago area for the 2008
ozone NAAQS moderate nonattainment plan. These elements of the plan
meet the requirements of section 110 and part D of the CAA for the
Wisconsin portion of the Chicago area, which was reclassified on May 4,
2016, as moderate nonattainment for the 2008 ozone NAAQS. The April 17,
2017, submittal as supplemented on January 23, 2018, also established
new Motor Vehicle Emissions Budgets (MVEB) for volatile organic
compounds (VOC) and NOX for the years 2017 and 2018. The
MVEBs for the Wisconsin portion of the Chicago 2008 ozone NAAQS
nonattainment area, which is the portion of Kenosha County inclusive
and east of Interstate 94, are now: 1.56 tons per summer day of VOC
emissions and 3.05 tons per summer day of NOX emissions for
the year 2017, and 1.44 tons per summer day of VOC emissions and 2.75
tons per summer day of NOX emissions for the year 2018.
[FR Doc. 2019-02057 Filed 2-12-19; 8:45 am]
BILLING CODE 6560-50-P
