Revision of Sheboygan County, Wisconsin Nonattainment Designation for the 1997 and 2008 Ozone Standards and Clean Data Determination for the 2008 Ozone Standards, 33699-33703 [2019-14990]
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33699
Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Rules and Regulations
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, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Visibility,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Subpart N—Idaho
Dated: June 27, 2019.
Chris Hladick,
Regional Administrator, Region 10.
2. In § 52.670, the table in paragraph
(e) is amended by adding an entry at the
end of the table for ‘‘Regional Haze 5Year Progress Report’’ to read as
follows:
■
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
§ 52.670
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP provision
Applicable
geographic or
nonattainment
area
State
submittal date
*
*
Regional Haze 5-Year Progress Report ........
*
State-wide ......
*
6/28/2016
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
DATES:
40 CFR Parts 52 and 81
ADDRESSES:
This final rule is effective on July
15, 2019.
[EPA–R05–OAR–2018–0035; FRL–9996–18–
Region 5]
Revision of Sheboygan County,
Wisconsin Nonattainment Designation
for the 1997 and 2008 Ozone Standards
and Clean Data Determination for the
2008 Ozone Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a request
from Wisconsin to revise the
designation for the Sheboygan
nonattainment area for the 1997 primary
and secondary ozone National Ambient
Air Quality Standards (NAAQS) and the
2008 primary and secondary ozone
NAAQS, by splitting the existing area
into two distinct nonattainment areas
that together cover the identical
geographic area of the existing
nonattainment area. This revised
designation is supported by air quality
data, emissions and emissions-related
data, meteorology, geography/
topography, and jurisdictional
boundaries. Both areas will retain their
nonattainment designation and
Moderate classification. In this action,
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7/15/2019, [Insert Federal Register citation].
EPA is also making a clean data
determination for one of the two
separate areas for the 2008 ozone
NAAQS.
[FR Doc. 2019–14988 Filed 7–12–19; 8:45 am]
SUMMARY:
EPA approval date
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0035. 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 Eric
Svingen, Environmental Engineer, at
(312) 353–4489 before visiting the
Region 5 office.
Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
FOR FURTHER INFORMATION CONTACT:
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Comments
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Chicago, Illinois 60604, (312) 353–4489,
svingen.eric@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 final rule?
II. What comments did EPA receive?
III. What actions is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this final
rule?
On July 18, 1997, EPA revised the
former 1-hour ozone primary and
secondary standards and replaced them
with 8-hour standards at a level of 0.08
parts per million (ppm) (40 CFR 50.10).
On March 27, 2008, EPA further revised
the 8-hour ozone NAAQS by lowering
the level of the primary and secondary
standards from 0.08 ppm to 0.075 ppm
(40 CFR 50.15).
On April 30, 2004 (69 FR 23858), and
May 21, 2012 (77 FR 30088), EPA
designated the entirety of Sheboygan
County in Wisconsin as nonattainment
for the 1997 ozone NAAQS and 2008
ozone NAAQS, respectively.
On March 1, 2011, EPA determined
that the Sheboygan nonattainment area
had attained the 1997 ozone NAAQS (76
FR 11080). Since that determination, the
area has continued to attain the 1997
ozone NAAQS, and the area retains its
Moderate classification. On December
19, 2016, EPA reclassified the
Sheboygan nonattainment area for the
2008 ozone NAAQS as Moderate with
an attainment date of July 20, 2018 (81
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FR 91841). On November 14, 2018, EPA
proposed to grant Wisconsin’s request
for a one-year attainment date
extension, and establish a new Moderate
attainment date of July 20, 2019 for the
Sheboygan nonattainment area for the
2008 ozone NAAQS (83 FR 56781).
On June 27, 2013, the Wisconsin
Department of Natural Resources
(WDNR) submitted a request for EPA to
reconsider the boundary of the
Sheboygan nonattainment area for the
1997 ozone NAAQS and 2008 ozone
NAAQS, and reduce the area to a
smaller size.
On February 15, 2019, EPA proposed
to take two related actions regarding the
Sheboygan nonattainment area for the
1997 ozone NAAQS and 2008 ozone
NAAQS (84 FR 4422).
First, under the authority of Clean Air
Act (CAA) section 107(d)(3)(D), EPA
proposed to split the original Sheboygan
nonattainment area for the 1997 ozone
NAAQS and 2008 ozone NAAQS into
two separate nonattainment areas that
together cover the identical geographic
area of the original nonattainment area.
EPA proposed that the air quality data,
emissions and emissions-related data,
meteorology, geography/topography,
jurisdictional boundaries, and other air
quality related considerations, as well as
planning and control considerations,
support the State’s request to reconsider
the Sheboygan nonattainment area
boundary.
Second, pursuant to regulations at 40
CFR 51.1118, EPA proposed to make a
clean data determination for one of the
proposed separate areas for the 2008
ozone NAAQS. This determination was
based upon three years of complete,
quality-assured and certified data for the
2015–2017 monitoring period. The
three-year ozone design value for 2015–
2017 was 0.070 ppm, which meets the
2008 ozone NAAQS.
II. What comments did EPA receive?
During the comment period, EPA
received six comments, all of which
were supportive. Therefore, EPA is
finalizing this rule as proposed.
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III. What actions is EPA taking?
Under the authority of CAA section
107(d)(3)(D), EPA is splitting the current
Sheboygan nonattainment area for the
1997 ozone NAAQS and the 2008 ozone
NAAQS into two distinct nonattainment
areas that together cover the identical
geographic area of the original area. One
of the separate areas, called the
‘‘Shoreline Sheboygan County, WI’’
nonattainment area, consists of the
eastern portion of the original area,
including the Sheboygan Kohler Andrae
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monitor. The other separate area, called
the ‘‘Inland Sheboygan County, WI’’
nonattainment area, consists of the
western portion of the original area,
including the Sheboygan Haven
monitor. The areas are split along the
following roadways, going from the
northern county boundary to the
southern county boundary: Highway 43,
Wilson Lima Road, Minderhaud Road,
County Road KK/Town Line Road, N
10th Street, County Road A S/Center
Avenue, Gibbons Road, Hoftiezer Road,
Highway 32, Palmer Road/Smies Road/
Palmer Road, Amsterdam Road/County
Road RR, Termaat Road. EPA’s
nonattainment boundary for the
Shoreline Sheboygan area for the 1997
ozone NAAQS and 2008 ozone NAAQS
is a portion of Sheboygan County
inclusive and east of the split boundary.
EPA’s nonattainment boundary for the
Inland Sheboygan County area for the
1997 ozone NAAQS and 2008 ozone
NAAQS is a portion of Sheboygan
County exclusive and west of the split
boundary. Both areas continue to be
designated nonattainment for the 1997
ozone NAAQS and 2008 ozone NAAQS
and classified as Moderate.
Pursuant to regulations at 40 CFR
51.1118, EPA is making a clean data
determination for the Inland Sheboygan
County area for the 2008 ozone NAAQS.
EPA’s determination is based on data
from the Sheboygan Haven monitor
with site ID 55–117–0009, which is the
only Federal Reference Method ozone
monitor within the Inland Sheboygan
County area. EPA proposed to make this
clean data determination based on data
for the 2015–2017 monitoring period;
however, EPA is finalizing this action
based on three years of complete,
quality-assured and certified data for the
more recent 2016–2018 monitoring
period. The three-year ozone design
value for 2016–2018 was 0.071 ppm,
which meets the 2008 ozone NAAQS.
Therefore, EPA is determining that the
Inland Sheboygan County area is
attaining the 2008 ozone NAAQS. For as
long as the area continues to attain the
2008 ozone NAAQS, EPA is suspending
the requirements for WDNR to submit
attainment demonstrations, and
associated reasonably available control
measures, reasonable further progress
plans, contingency measures, and any
other planning requirements related to
attainment of the 2008 ozone NAAQS
for the Inland Sheboygan County area.
This action does not constitute a
redesignation of the area to attainment
of the 2008 ozone NAAQS under section
107(d)(3)(E) of the CAA, nor does it
constitute approval of a maintenance
plan for the area as required under
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section 175A of the CAA, nor does it
find that the area has met all other
requirements for redesignation. The
Inland Sheboygan County area will
remain designated nonattainment for
the 2008 ozone NAAQS until such time
as EPA determines that the area meets
CAA requirements for redesignation to
attainment and takes a separate action to
redesignate the area.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for these
actions to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of this revised
designation, which imposes no new
regulatory requirements, and this clean
data determination, which relieves the
Inland Sheboygan County area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. Today’s rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Further, this rule relieves the State of
certain planning requirements for the
Inland Sheboygan County area. For
these reasons, these actions will become
effective on the date of publication of
these actions.
IV. Statutory and Executive Order
Reviews
This rulemaking action revises the
boundary of an existing nonattainment
area by splitting it into two separate
nonattainment areas that together cover
the identical geographic area of the
original nonattainment area, and makes
a determination of attainment of the
2008 ozone NAAQS based on air quality
data for one of those areas. These
actions do not impose additional
requirements.
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A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a ‘‘significant
regulatory action’’ subject to review by
the Office of Management and Budget.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not expected to be an
Executive Order 13771 regulatory action
because this action is not significant
under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. Burden is
defined at 5 CFR 1320.3(b).
D. Regulatory Flexibility Act (RFA)
This action is certified as not having
a significant economic impact on a
substantial number of small entities
under the Regulatory Flexibilities Act (5
U.S.C. 601 et seq.)
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments.
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F. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. It will not have a
substantial direct effect on one or more
Indian tribes, since areas of Indian
country are not being designated as part
of this action. Furthermore, these
regulation revisions do not affect the
relationship or distribution of power
and responsibilities between the Federal
government and Indian tribes. The CAA
and the Tribal Air Rule establish the
relationship of the Federal government
and tribes in developing plans to attain
the NAAQS, and these revisions to the
regulations do nothing to modify that
relationship. Thus, Executive Order
13175 does not apply to this action.
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H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that concern environmental
health or safety risks that the EPA has
reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and
Advancement Act (NTTA)
This rulemaking does not involve
technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, low
income populations and/or indigenous
populations as specified in Executive
Order 12898 (59 FR 7629, February 16,
1994).
L. Congressional Review Act (CRA)
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).
M. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
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33701
Court of Appeals for the appropriate
circuit by September 13, 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas
Dated: June 24, 2019.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
Title 40 CFR parts 52 and 81 are
amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.2585 is amended by
revising paragraph (y) and adding
paragraph (ii) to read as follows:
■
§ 52.2585
Control strategy: Ozone.
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(y) Determination of attainment. EPA
has determined, as of March 1, 2011 that
the Milwaukee-Racine, WI and
Sheboygan, WI areas have attained the
1997 8-hour ozone standard. These
determinations suspend the
requirements for these areas to submit
attainment demonstrations and
associated reasonably available control
measures (RACM), reasonable further
progress plans (RFP), contingency
measures, and other State
Implementation Plan (SIP) revisions
related to attainment of the standard for
as long as the areas continue to attain
the 1997 8-hour ozone standard. These
determinations also stay the
requirement for EPA to promulgate
attainment demonstration and RFP
Federal Implementation Plans (FIPs) for
these areas. On July 15, 2019, EPA
revised the designation for the
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Sheboygan, WI area for the 1997 8-hour
ozone standard, by splitting the original
area into two distinct nonattainment
areas, called the Inland Sheboygan
County, WI area and Shoreline
Sheboygan County, WI area, that
together cover the identical geographic
area of the original nonattainment area.
EPA’s March 1, 2011 determination of
attainment for the Sheboygan County,
WI area applies to the Inland Sheboygan
County, WI area and Shoreline
Sheboygan County, WI area.
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(ii) Determination of attainment. EPA
has determined, as of July 15, 2019, that
the Inland Sheboygan County, WI area
has attained the 2008 8-hour ozone
standard. This determination suspends
the requirements for this area to submit
an attainment demonstration and
associated reasonably available control
measures (RACM), a reasonable further
progress plan (RFP), contingency
measures, and other State
Implementation Plan (SIP) revisions
related to attainment of the standard for
as long as the area continues to attain
the 2008 8-hour ozone standard.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
■
a. Removing the entry for ‘‘Sheboygan,
WI’’ in the table entitled ‘‘Wisconsin—
1997 8-Hour Ozone NAAQS (Primary
and Secondary)’’ and adding entries for
‘‘Inland Sheboygan County, WI’’ and
‘‘Shoreline Sheboygan County, WI’’
before the subheading ‘‘Rest of State’’;
and
■ b. Removing the entry for ‘‘Sheboygan
County, WI: Sheboygan County’’ in the
table entitled ‘‘Wisconsin—2008 8-Hour
Ozone NAAQS (Primary and
secondary)’’ and adding entries for
‘‘Inland Sheboygan County, WI’’ and
‘‘Shoreline Sheboygan County, WI’’
before the entry for ‘‘Adams County’’.
The additions read as follows:
■
§ 81.350
4. Section 81.350 is amended by:
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Wisconsin.
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WISCONSIN—1997 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation a
Category/classification
Designated area
Date 1
*
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Inland Sheboygan County, WI ..........................................................
Sheboygan County (part):
Exclusive and west of the following roadways going from the
northern county boundary to the southern county boundary:
Highway 43, Wilson Lima Road, Minderhaud Road, County
Road KK/Town Line Road, N 10th Street, County Road A S/
Center Avenue, Gibbons Road, Hoftiezer Road, Highway
32, Palmer Road/Smies Road/Palmer Road, Amsterdam
Road/County Road RR, Termaat Road.
Shoreline Sheboygan County, WI .....................................................
Sheboygan County (part):
Inclusive and east of the following roadways going from the
northern county boundary to the southern county boundary:
Highway 43, Wilson Lima Road, Minderhaud Road, County
Road KK/Town Line Road, N 10th Street, County Road A S/
Center Avenue, Gibbons Road, Hoftiezer Road, Highway
32, Palmer Road/Smies Road/Palmer Road, Amsterdam
Road/County Road RR, Termaat Road.
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Type
Date 1
7/15/2019
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Nonattainment ..
*
........................
*
Subpart 2/Moderate.
7/15/2019
Nonattainment ..
........................
Subpart 2/Moderate.
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Type
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a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
WISCONSIN—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation a
Category/classification
Designated area
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Date 1
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Inland Sheboygan County, WI 2 ........................................................
Sheboygan County (part):
Exclusive and west of the following roadways going from the
northern county boundary to the southern county boundary:
Highway 43, Wilson Lima Road, Minderhaud Road, County
Road KK/Town Line Road, N 10th Street, County Road A S/
Center Avenue, Gibbons Road, Hoftiezer Road, Highway
32, Palmer Road/Smies Road/Palmer Road, Amsterdam
Road/County Road RR, Termaat Road.
Shoreline Sheboygan County, WI 2 ...................................................
Sheboygan County (part):
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Type
*
Date 1
Type
7/15/2019
*
Nonattainment ..
*
12/19/2016
Moderate.
7/15/2019
Nonattainment ..
12/19/2016
Moderate.
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WISCONSIN—2008 8-HOUR OZONE NAAQS—Continued
[Primary and secondary]
Designation a
Category/classification
Designated area
Date 1
Date 1
Type
Type
Inclusive and east of the following roadways going from the
northern county boundary to the southern county boundary:
Highway 43, Wilson Lima Road, Minderhaud Road, County
Road KK/Town Line Road, N 10th Street, County Road A S/
Center Avenue, Gibbons Road, Hoftiezer Road, Highway
32, Palmer Road/Smies Road/Palmer Road, Amsterdam
Road/County Road RR, Termaat Road.
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1 This
date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2018–0670; FRL–9994–53]
Acrylamide-Sodium
Acrylamidomethylpropanesulfonate
Copolymer; Tolerance Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of AcrylamideSodium
Acrylamidomethylpropanesulfonate
Copolymer; number average molecular
weight greater than 1,000,000 daltons
when used as an inert ingredient in a
pesticide chemical formulation. Lewis &
Harrison, LLC on behalf of BASF
Corporation submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of
Acrylamide-Sodium
Acrylamidomethylpropanesulfonate
Copolymer on food or feed
commodities.
khammond on DSKBBV9HB2PROD with RULES
SUMMARY:
This regulation is effective July
15, 2019. Objections and requests for
hearings must be received on or before
September 13, 2019, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
DATES:
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EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2018–0670. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., 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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm.
S–4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The Docket Facility is open from
8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The
Docket Facility telephone number is
(703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: (703)
305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
[FR Doc. 2019–14990 Filed 7–12–19; 8:45 am]
Jkt 247001
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Publishing
Office’s e-CFR site at https://
ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. Can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2018–0670 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before September 13, 2019. Addresses
for mail and hand delivery of objections
E:\FR\FM\15JYR1.SGM
15JYR1
]]>Agencies
[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Rules and Regulations]
[Pages 33699-33703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14990]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2018-0035; FRL-9996-18-Region 5]
Revision of Sheboygan County, Wisconsin Nonattainment Designation
for the 1997 and 2008 Ozone Standards and Clean Data Determination for
the 2008 Ozone Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
request from Wisconsin to revise the designation for the Sheboygan
nonattainment area for the 1997 primary and secondary ozone National
Ambient Air Quality Standards (NAAQS) and the 2008 primary and
secondary ozone NAAQS, by splitting the existing area into two distinct
nonattainment areas that together cover the identical geographic area
of the existing nonattainment area. This revised designation is
supported by air quality data, emissions and emissions-related data,
meteorology, geography/topography, and jurisdictional boundaries. Both
areas will retain their nonattainment designation and Moderate
classification. In this action, EPA is also making a clean data
determination for one of the two separate areas for the 2008 ozone
NAAQS.
DATES: This final rule is effective on July 15, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0035. 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 Eric Svingen, Environmental Engineer, at (312) 353-
4489 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-4489,
[email protected].
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 final rule?
II. What comments did EPA receive?
III. What actions is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this final rule?
On July 18, 1997, EPA revised the former 1-hour ozone primary and
secondary standards and replaced them with 8-hour standards at a level
of 0.08 parts per million (ppm) (40 CFR 50.10). On March 27, 2008, EPA
further revised the 8-hour ozone NAAQS by lowering the level of the
primary and secondary standards from 0.08 ppm to 0.075 ppm (40 CFR
50.15).
On April 30, 2004 (69 FR 23858), and May 21, 2012 (77 FR 30088),
EPA designated the entirety of Sheboygan County in Wisconsin as
nonattainment for the 1997 ozone NAAQS and 2008 ozone NAAQS,
respectively.
On March 1, 2011, EPA determined that the Sheboygan nonattainment
area had attained the 1997 ozone NAAQS (76 FR 11080). Since that
determination, the area has continued to attain the 1997 ozone NAAQS,
and the area retains its Moderate classification. On December 19, 2016,
EPA reclassified the Sheboygan nonattainment area for the 2008 ozone
NAAQS as Moderate with an attainment date of July 20, 2018 (81
[[Page 33700]]
FR 91841). On November 14, 2018, EPA proposed to grant Wisconsin's
request for a one-year attainment date extension, and establish a new
Moderate attainment date of July 20, 2019 for the Sheboygan
nonattainment area for the 2008 ozone NAAQS (83 FR 56781).
On June 27, 2013, the Wisconsin Department of Natural Resources
(WDNR) submitted a request for EPA to reconsider the boundary of the
Sheboygan nonattainment area for the 1997 ozone NAAQS and 2008 ozone
NAAQS, and reduce the area to a smaller size.
On February 15, 2019, EPA proposed to take two related actions
regarding the Sheboygan nonattainment area for the 1997 ozone NAAQS and
2008 ozone NAAQS (84 FR 4422).
First, under the authority of Clean Air Act (CAA) section
107(d)(3)(D), EPA proposed to split the original Sheboygan
nonattainment area for the 1997 ozone NAAQS and 2008 ozone NAAQS into
two separate nonattainment areas that together cover the identical
geographic area of the original nonattainment area. EPA proposed that
the air quality data, emissions and emissions-related data,
meteorology, geography/topography, jurisdictional boundaries, and other
air quality related considerations, as well as planning and control
considerations, support the State's request to reconsider the Sheboygan
nonattainment area boundary.
Second, pursuant to regulations at 40 CFR 51.1118, EPA proposed to
make a clean data determination for one of the proposed separate areas
for the 2008 ozone NAAQS. This determination was based upon three years
of complete, quality-assured and certified data for the 2015-2017
monitoring period. The three-year ozone design value for 2015-2017 was
0.070 ppm, which meets the 2008 ozone NAAQS.
II. What comments did EPA receive?
During the comment period, EPA received six comments, all of which
were supportive. Therefore, EPA is finalizing this rule as proposed.
III. What actions is EPA taking?
Under the authority of CAA section 107(d)(3)(D), EPA is splitting
the current Sheboygan nonattainment area for the 1997 ozone NAAQS and
the 2008 ozone NAAQS into two distinct nonattainment areas that
together cover the identical geographic area of the original area. One
of the separate areas, called the ``Shoreline Sheboygan County, WI''
nonattainment area, consists of the eastern portion of the original
area, including the Sheboygan Kohler Andrae monitor. The other separate
area, called the ``Inland Sheboygan County, WI'' nonattainment area,
consists of the western portion of the original area, including the
Sheboygan Haven monitor. The areas are split along the following
roadways, going from the northern county boundary to the southern
county boundary: Highway 43, Wilson Lima Road, Minderhaud Road, County
Road KK/Town Line Road, N 10th Street, County Road A S/Center Avenue,
Gibbons Road, Hoftiezer Road, Highway 32, Palmer Road/Smies Road/Palmer
Road, Amsterdam Road/County Road RR, Termaat Road. EPA's nonattainment
boundary for the Shoreline Sheboygan area for the 1997 ozone NAAQS and
2008 ozone NAAQS is a portion of Sheboygan County inclusive and east of
the split boundary. EPA's nonattainment boundary for the Inland
Sheboygan County area for the 1997 ozone NAAQS and 2008 ozone NAAQS is
a portion of Sheboygan County exclusive and west of the split boundary.
Both areas continue to be designated nonattainment for the 1997 ozone
NAAQS and 2008 ozone NAAQS and classified as Moderate.
Pursuant to regulations at 40 CFR 51.1118, EPA is making a clean
data determination for the Inland Sheboygan County area for the 2008
ozone NAAQS. EPA's determination is based on data from the Sheboygan
Haven monitor with site ID 55-117-0009, which is the only Federal
Reference Method ozone monitor within the Inland Sheboygan County area.
EPA proposed to make this clean data determination based on data for
the 2015-2017 monitoring period; however, EPA is finalizing this action
based on three years of complete, quality-assured and certified data
for the more recent 2016-2018 monitoring period. The three-year ozone
design value for 2016-2018 was 0.071 ppm, which meets the 2008 ozone
NAAQS. Therefore, EPA is determining that the Inland Sheboygan County
area is attaining the 2008 ozone NAAQS. For as long as the area
continues to attain the 2008 ozone NAAQS, EPA is suspending the
requirements for WDNR to submit attainment demonstrations, and
associated reasonably available control measures, reasonable further
progress plans, contingency measures, and any other planning
requirements related to attainment of the 2008 ozone NAAQS for the
Inland Sheboygan County area. This action does not constitute a
redesignation of the area to attainment of the 2008 ozone NAAQS under
section 107(d)(3)(E) of the CAA, nor does it constitute approval of a
maintenance plan for the area as required under section 175A of the
CAA, nor does it find that the area has met all other requirements for
redesignation. The Inland Sheboygan County area will remain designated
nonattainment for the 2008 ozone NAAQS until such time as EPA
determines that the area meets CAA requirements for redesignation to
attainment and takes a separate action to redesignate the area.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of this revised designation, which imposes no new regulatory
requirements, and this clean data determination, which relieves the
Inland Sheboygan County area from certain CAA requirements that would
otherwise apply to it. The immediate effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction,'' and section 553(d)(3), which allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Today's rule, however, does not
create any new regulatory requirements such that affected parties would
need time to prepare before the rule takes effect. Further, this rule
relieves the State of certain planning requirements for the Inland
Sheboygan County area. For these reasons, these actions will become
effective on the date of publication of these actions.
IV. Statutory and Executive Order Reviews
This rulemaking action revises the boundary of an existing
nonattainment area by splitting it into two separate nonattainment
areas that together cover the identical geographic area of the original
nonattainment area, and makes a determination of attainment of the 2008
ozone NAAQS based on air quality data for one of those areas. These
actions do not impose additional requirements.
[[Page 33701]]
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).
D. Regulatory Flexibility Act (RFA)
This action is certified as not having a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibilities Act (5 U.S.C. 601 et seq.)
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. It will not have a substantial direct effect on
one or more Indian tribes, since areas of Indian country are not being
designated as part of this action. Furthermore, these regulation
revisions do not affect the relationship or distribution of power and
responsibilities between the Federal government and Indian tribes. The
CAA and the Tribal Air Rule establish the relationship of the Federal
government and tribes in developing plans to attain the NAAQS, and
these revisions to the regulations do nothing to modify that
relationship. Thus, Executive Order 13175 does not apply to this
action.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low income populations and/or indigenous populations as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
L. Congressional Review Act (CRA)
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).
M. Petitions for Judicial Review
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 September 13, 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas
Dated: June 24, 2019.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
Title 40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.2585 is amended by revising paragraph (y) and adding
paragraph (ii) to read as follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(y) Determination of attainment. EPA has determined, as of March 1,
2011 that the Milwaukee-Racine, WI and Sheboygan, WI areas have
attained the 1997 8-hour ozone standard. These determinations suspend
the requirements for these areas to submit attainment demonstrations
and associated reasonably available control measures (RACM), reasonable
further progress plans (RFP), contingency measures, and other State
Implementation Plan (SIP) revisions related to attainment of the
standard for as long as the areas continue to attain the 1997 8-hour
ozone standard. These determinations also stay the requirement for EPA
to promulgate attainment demonstration and RFP Federal Implementation
Plans (FIPs) for these areas. On July 15, 2019, EPA revised the
designation for the
[[Page 33702]]
Sheboygan, WI area for the 1997 8-hour ozone standard, by splitting the
original area into two distinct nonattainment areas, called the Inland
Sheboygan County, WI area and Shoreline Sheboygan County, WI area, that
together cover the identical geographic area of the original
nonattainment area. EPA's March 1, 2011 determination of attainment for
the Sheboygan County, WI area applies to the Inland Sheboygan County,
WI area and Shoreline Sheboygan County, WI area.
* * * * *
(ii) Determination of attainment. EPA has determined, as of July
15, 2019, that the Inland Sheboygan County, WI area has attained the
2008 8-hour ozone standard. This determination suspends the
requirements for this area to submit an attainment demonstration and
associated reasonably available control measures (RACM), a reasonable
further progress plan (RFP), contingency measures, and other State
Implementation Plan (SIP) revisions related to attainment of the
standard for as long as the area continues to attain the 2008 8-hour
ozone standard.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Section 81.350 is amended by:
0
a. Removing the entry for ``Sheboygan, WI'' in the table entitled
``Wisconsin--1997 8-Hour Ozone NAAQS (Primary and Secondary)'' and
adding entries for ``Inland Sheboygan County, WI'' and ``Shoreline
Sheboygan County, WI'' before the subheading ``Rest of State''; and
0
b. Removing the entry for ``Sheboygan County, WI: Sheboygan County'' in
the table entitled ``Wisconsin--2008 8-Hour Ozone NAAQS (Primary and
secondary)'' and adding entries for ``Inland Sheboygan County, WI'' and
``Shoreline Sheboygan County, WI'' before the entry for ``Adams
County''.
The additions read as follows:
Sec. 81.350 Wisconsin.
* * * * *
Wisconsin--1997 8-Hour Ozone NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area --------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Inland Sheboygan County, WI.... 7/15/2019 Nonattainment.... .............. Subpart 2/Moderate.
Sheboygan County (part):
Exclusive and west of the
following roadways going
from the northern county
boundary to the southern
county boundary: Highway
43, Wilson Lima Road,
Minderhaud Road, County
Road KK/Town Line Road, N
10th Street, County Road A
S/Center Avenue, Gibbons
Road, Hoftiezer Road,
Highway 32, Palmer Road/
Smies Road/Palmer Road,
Amsterdam Road/County Road
RR, Termaat Road.
Shoreline Sheboygan County, WI. 7/15/2019 Nonattainment.... .............. Subpart 2/Moderate.
Sheboygan County (part):
Inclusive and east of the
following roadways going
from the northern county
boundary to the southern
county boundary: Highway
43, Wilson Lima Road,
Minderhaud Road, County
Road KK/Town Line Road, N
10th Street, County Road A
S/Center Avenue, Gibbons
Road, Hoftiezer Road,
Highway 32, Palmer Road/
Smies Road/Palmer Road,
Amsterdam Road/County Road
RR, Termaat Road.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
Wisconsin--2008 8-Hour Ozone NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area --------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Inland Sheboygan County, WI \2\ 7/15/2019 Nonattainment.... 12/19/2016 Moderate.
Sheboygan County (part):
Exclusive and west of the
following roadways going
from the northern county
boundary to the southern
county boundary: Highway
43, Wilson Lima Road,
Minderhaud Road, County
Road KK/Town Line Road, N
10th Street, County Road A
S/Center Avenue, Gibbons
Road, Hoftiezer Road,
Highway 32, Palmer Road/
Smies Road/Palmer Road,
Amsterdam Road/County Road
RR, Termaat Road.
Shoreline Sheboygan County, WI 7/15/2019 Nonattainment.... 12/19/2016 Moderate.
\2\.
Sheboygan County (part):
[[Page 33703]]
Inclusive and east of the
following roadways going
from the northern county
boundary to the southern
county boundary: Highway
43, Wilson Lima Road,
Minderhaud Road, County
Road KK/Town Line Road, N
10th Street, County Road A
S/Center Avenue, Gibbons
Road, Hoftiezer Road,
Highway 32, Palmer Road/
Smies Road/Palmer Road,
Amsterdam Road/County Road
RR, Termaat Road.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
* * * * *
[FR Doc. 2019-14990 Filed 7-12-19; 8:45 am]
BILLING CODE 6560-50-P
