Air Plan Approval; Wisconsin; Redesignation of the Newport State Park Area in Door County to Attainment of the 2015 Ozone NAAQS, 14608-14621 [2020-05007]
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Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Proposed Rules
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V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve 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
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
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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, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 5, 2020.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2020–05004 Filed 3–12–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2020–0042; FRL–10006–
41–Region 5]
Air Plan Approval; Wisconsin;
Redesignation of the Newport State
Park Area in Door County to
Attainment of the 2015 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to find that
the Newport State Park nonattainment
area in Door County, Wisconsin is
attaining the 2015 ozone National
Ambient Air Quality Standard (NAAQS
or standard) and to act in accordance
with a request from the Wisconsin
Department of Natural Resources
(WDNR) to redesignate the area to
attainment for the 2015 ozone NAAQS,
because the request meets the statutory
requirements for redesignation under
the Clean Air Act (CAA). Wisconsin
submitted this request on January 27,
2020. EPA is also proposing to approve,
as a revision to the Wisconsin State
Implementation Plan (SIP), the state’s
plan for maintaining the 2015 ozone
NAAQS through 2030 in the Newport
State Park area. Finally, EPA finds
adequate and is proposing to approve
Wisconsin’s 2023 and 2030 volatile
organic compound (VOC) and oxides of
nitrogen (NOX) Motor Vehicle Emission
Budgets (MVEBs) for this area.
SUMMARY:
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Comments must be received on
or before April 13, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2020–0042 at https://
www.regulations.gov or via email to
arra.sarah@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:
Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6832,
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:
DATES:
I. What is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA’s analysis of Wisconsin’s
redesignation request?
A. Has the area attained the 2015 ozone
NAAQS?
B. Has Wisconsin met all applicable
requirements of section 110 and part D
of the CAA for the area, and does
Wisconsin have a fully approved SIP for
the area under section 110(k) of the
CAA?
C. Are the air quality improvements in the
area due to permanent and enforceable
emission reductions?
D. Does Wisconsin have a fully approvable
ozone maintenance plan for the Newport
State Park area?
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V. Has the state adopted approvable motor
vehicle emission budgets?
VI. Proposed Actions.
VII. Statutory and Executive Order Reviews.
I. What is EPA proposing?
EPA is proposing to take several
related actions. EPA is proposing to
determine that the Newport State Park
nonattainment area in Door County,
Wisconsin is attaining the 2015 ozone
NAAQS, based on quality-assured and
certified monitoring data for 2017–2019,
and that this area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA is
thus proposing to change the legal
designation of the Newport State Park
area from nonattainment to attainment
for the 2015 ozone NAAQS. EPA is also
proposing to approve, as a revision to
the Wisconsin SIP, the state’s
maintenance plan (such approval being
one of the CAA criteria for redesignation
to attainment status) for the area. The
maintenance plan is designed to keep
the area in attainment of the 2015 ozone
NAAQS through 2030. Finally, EPA is
proposing to approve the newlyestablished 2023 and 2030 MVEBs for
the area.
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II. What is the background for these
actions?
Ground-level ozone is detrimental to
human health. On October 1, 2015, EPA
promulgated a revised health-based 8hour ozone NAAQS of 0.070 parts per
million (ppm). See 80 FR 65292
(October 26, 2015). Under EPA’s
regulations at 40 CFR part 50, the 2015
ozone NAAQS is attained in an area
when the 3-year average of the annual
fourth highest daily maximum 8-hour
average concentration is equal to or less
than 0.070 ppm, when truncated after
the thousandth decimal place, at all the
ozone monitoring sites in the area. See
40 CFR 50.19 and appendix U to 40 CFR
part 50.
Upon promulgation of a new or
revised NAAQS, section 107(d)(1)(B) of
the CAA requires EPA to designate as
nonattainment any areas that are
violating the NAAQS, based on the most
recent three years of quality assured
ozone monitoring data. The Newport
State Park area was designated as a
marginal nonattainment area and as a
Rural Transport Area (RTA) 1 for the
2015 ozone NAAQS on June 4, 2018 (83
FR 25776) (effective August 3, 2018).
1 EPA designated the Newport State Park area as
a Rural Transport Area (RTA), which means EPA
determined that the NOX and VOC emissions from
sources within the park do not make a significant
contribution to ozone concentrations in the park
itself or in other areas.
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III. What are the criteria for
redesignation?
Section 107(d)(3)(E) of the CAA
allows redesignation of an area to
attainment of the NAAQS provided that:
(1) The Administrator (EPA) determines
that the area has attained the NAAQS;
(2) the Administrator has fully approved
the applicable implementation plan for
the area under section 110(k) of the
CAA; (3) the Administrator determines
that the improvement in air quality is
due to permanent and enforceable
reductions in emissions resulting from
implementation of the applicable SIP,
applicable Federal air pollutant control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A of the CAA; and (5) the state
containing the area has met all
requirements applicable to the area for
the purposes of redesignation under
section 110 and part D of the CAA.
On April 16, 1992, EPA provided
guidance on redesignations in the
General Preamble for the
Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and
supplemented this guidance on April
28, 1992 (57 FR 18070). EPA has
provided further guidance on processing
redesignation requests in the following
documents:
1. ‘‘Ozone and Carbon Monoxide
Design Value Calculations,’’
Memorandum from Bill Laxton,
Director, Technical Support Division,
June 18, 1990;
2. ‘‘Maintenance Plans for
Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,’’
Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
3. ‘‘Contingency Measures for Ozone
and Carbon Monoxide (CO)
Redesignations,’’ Memorandum from
G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1,
1992;
4. ‘‘Procedures for Processing
Requests to Redesignate Areas to
Attainment,’’ Memorandum from John
Calcagni, Director, Air Quality
Management Division, September 4,
1992 (the ‘‘Calcagni Memorandum’’);
5. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean
Air Act (CAA) Deadlines,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division, October 28, 1992;
6. ‘‘Technical Support Documents
(TSDs) for Redesignation of Ozone and
Carbon Monoxide (CO) Nonattainment
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14609
Areas,’’ Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide
Programs Branch, August 17, 1993;
7. ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting
Requests for Redesignation to
Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) On or After
November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting
Assistant Administrator for Air and
Radiation, September 17, 1993;
8. ‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone
and CO Nonattainment Areas,’’
Memorandum from D. Kent Berry,
Acting Director, Air Quality
Management Division, November 30,
1993;
9. ‘‘Part D New Source Review (Part
D NSR) Requirements for Areas
Requesting Redesignation to
Attainment,’’ Memorandum from Mary
D. Nichols, Assistant Administrator for
Air and Radiation, October 14, 1994;
and
10. ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National
Ambient Air Quality Standard,’’
Memorandum from John S. Seitz,
Director, Office of Air Quality Planning
and Standards, May 10, 1995.
IV. What is EPA’s analysis of
Wisconsin’s redesignation request?
A. Has the area attained the 2015 ozone
NAAQS?
For redesignation of a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has
attained the applicable NAAQS (CAA
section 107(d)(3)(E)(i)). An area is
attaining the 2015 ozone NAAQS if it
meets the 2015 ozone NAAQS, as
determined in accordance with 40 CFR
50.19 and appendix U of part 50, based
on three complete, consecutive calendar
years of quality-assured air quality data
for all monitoring sites in the area. To
attain the NAAQS, the 3-year average of
the annual fourth-highest daily
maximum 8-hour average ozone
concentrations (ozone design values) at
each monitor must not exceed 0.070
ppm. The air quality data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in EPA’s Air Quality System
(AQS). Ambient air quality monitoring
data for the 3-year period must also
meet data completeness requirements.
An ozone design value is valid if daily
maximum 8-hour average
concentrations are available for at least
90% of the days within the ozone
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monitoring seasons,2 on average, for the
3-year period, with a minimum data
completeness of 75% during the ozone
monitoring season of any year during
the 3-year period. See section 4 of
appendix U to 40 CFR part 50.
EPA has reviewed the available ozone
monitoring data from the monitoring
site in the Newport State Park area for
the 2017–2019 period. These data have
been quality assured, are recorded in the
AQS, and have been certified. These
data demonstrate that the Newport State
Park area is attaining the 2015 ozone
NAAQS. The annual fourth-highest 8hour ozone concentration and the 3-year
average of these concentrations
(monitoring site ozone design value) for
the Newport State Park area monitoring
site are summarized in Table 1.
TABLE 1—ANNUAL FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATION AND 3-YEAR AVERAGE OF THE
FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE NEWPORT STATE PARK AREA
County
Monitor
Door .....................................................................................
55–029–0004
........................
........................
The Newport State Park area’s 3-year
ozone design value for 2017–2019 is
0.070 ppm, which meets the 2015 ozone
NAAQS. Therefore, in this action, EPA
proposes to determine that the area is
attaining the 2015 ozone NAAQS.
EPA will not take final action to
determine that the area is attaining the
NAAQS nor to approve the
redesignation of this area if the design
value of the monitoring site in the area
violates the NAAQS after proposal but
prior to final approval of the
redesignation. As discussed in section
IV.D.3. below, Wisconsin has committed
to continue monitoring ozone in this
area to verify maintenance of the 2015
ozone NAAQS.
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B. Has Wisconsin met all applicable
requirements of section 110 and part D
of the CAA for the area, and does
Wisconsin have a fully approved SIP for
the area under section 110(k) of the
CAA?
As criteria for redesignation of an area
from nonattainment to attainment of a
NAAQS, the CAA requires EPA to
determine that the state has met all
applicable requirements under section
110 and part D of title I of the CAA (see
section 107(d)(3)(E)(v) of the CAA) and
that the state has a fully approved SIP
under section 110(k) of the CAA (see
section 107(d)(3)(E)(ii) of the CAA). EPA
finds that Wisconsin has met all
applicable SIP requirements, for
purposes of redesignation, under section
110 and part D of title I of the CAA
(requirements specific to nonattainment
areas for the 2015 ozone NAAQS).
Additionally, EPA finds that all
applicable requirements of the
Wisconsin SIP for the area have been
fully approved under section 110(k) of
the CAA. In making these
2 The ozone season is defined by state in 40 CFR
58 appendix D. The ozone season for Wisconsin is
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Year
% Observed
2017
2018
2019
determinations, EPA ascertained which
CAA requirements are applicable to the
Newport State Park area and the
Wisconsin SIP and, if applicable,
whether the required Wisconsin SIP
elements are fully approved under
section 110(k) and part D of the CAA.
As discussed more fully below, SIPs
must be fully approved only with
respect to currently applicable
requirements of the CAA.
The Calcagni Memorandum describes
EPA’s interpretation of section
107(d)(3)(E) of the CAA. Under this
interpretation, a state and the area it
wishes to redesignate must meet the
relevant CAA requirements that are due
prior to the state’s submittal of a
complete redesignation request for the
area. See also the September 17, 1993,
Michael Shapiro memorandum and 60
FR 12459, 12465–66 (March 7, 1995)
(redesignation of Detroit-Ann Arbor,
Michigan to attainment of the 1-hour
ozone NAAQS). Applicable
requirements of the CAA that come due
subsequent to the state’s submittal of a
complete request remain applicable
until a redesignation to attainment is
approved but are not required as a
prerequisite to redesignation. See
section 175A(c) of the CAA. Sierra Club
v. EPA, 375 F.3d 537 (7th Cir. 2004). See
also 68 FR 25424, 25427 (May 12, 2003)
(redesignation of the St. Louis/East St.
Louis area to attainment of the 1-hour
ozone NAAQS).
100
97
99
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0.069
0.075
0.066
2017–2019
average
(ppm)
0.070
........................
........................
1. Wisconsin Has Met All Applicable
Requirements of Section 110 and Part D
of the CAA Applicable to the Newport
State Park Area for Purposes of
Redesignation
a. Section 110 General Requirements for
Implementation Plans
Section 110(a)(2) of the CAA outlines
the general requirements for a SIP.
Section 110(a)(2) provides that the SIP
must have been adopted by the state
after reasonable public notice and
hearing, and that, among other things, it
must: (1) Include enforceable emission
limitations and other control measures,
means or techniques necessary to meet
the requirements of the CAA; (2)
provide for establishment and operation
of appropriate devices, methods,
systems and procedures necessary to
monitor ambient air quality; (3) provide
for implementation of a source permit
program to regulate the modification
and construction of stationary sources
within the areas covered by the plan; (4)
include provisions for the
implementation of part C prevention of
significant deterioration (PSD) and part
D new source review (NSR) permit
programs; (5) include provisions for
stationary source emission control
measures, monitoring, and reporting; (6)
include provisions for air quality
modeling; and, (7) provide for public
and local agency participation in
planning and emission control rule
development.
Section 110(a)(2)(D) of the CAA
requires SIPs to contain measures to
prevent sources in a state from
significantly contributing to air quality
problems in another state. To
implement this provision, EPA has
required certain states to establish
programs to address transport of certain
air pollutants, e.g., NOX SIP call, Clean
March-October 15. See 80 FR 65292, 65466–67
(October 26, 2015).
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(ppm)
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Air Interstate Rule (CAIR) and the CrossState Air Pollution Rule (CSAPR).
However, like many of the 110(a)(2)
requirements, the section 110(a)(2)(D)
SIP requirements are not linked with a
particular area’s ozone designation and
classification. EPA concludes that the
SIP requirements linked with the area’s
ozone designation and classification are
the relevant measures to evaluate when
reviewing a redesignation request for
the area. The section 110(a)(2)(D)
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area within the state. Thus, we believe
these requirements are not applicable
requirements for purposes of
redesignation. See 65 FR 37890 (June
15, 2000), 66 FR 50399 (October 19,
2001), 68 FR 25418, 25426–27 (May 13,
2003).
In addition, EPA believes that other
section 110 elements that are neither
connected with nonattainment plan
submissions nor linked with an area’s
ozone attainment status are not
applicable requirements for purposes of
redesignation. The area will still be
subject to these requirements after the
area is redesignated to attainment of the
2015 ozone NAAQS. The section 110
and part D requirements which are
linked with a particular area’s
designation and classification are the
relevant measures to evaluate in
reviewing a redesignation request. This
approach is consistent with EPA’s
existing policy on applicability (i.e., for
redesignations) of conformity and
oxygenated fuels requirements, as well
as with section 184 ozone transport
requirements. See Reading,
Pennsylvania proposed and final
rulemakings, 61 FR 53174–53176
(October 10, 1996) and 62 FR 24826
(May 7, 1997); Cleveland-AkronLoraine, Ohio final rulemaking, 61 FR
20458 (May 7, 1996); and Tampa,
Florida final rulemaking, 60 FR 62748
(December 7, 1995). See also the
discussion of this issue in the
Cincinnati, Ohio ozone redesignation
(65 FR 37890, June 19, 2000), and the
Pittsburgh, Pennsylvania ozone
redesignation (66 FR 50399, October 19,
2001).
We have reviewed Wisconsin’s SIP
and concluded that it meets the general
SIP requirements under section 110 of
the CAA, to the extent those
requirements are applicable for
purposes of redesignation.3
3 On
September 14, 2018, Wisconsin submitted a
SIP to meet the requirements of section 110 for the
2015 ozone NAAQS. The requirements of section
110(a)(2), however, are statewide requirements that
are not linked to the 2015 ozone NAAQS
nonattainment status of the Newport State Park
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b. Part D Requirements
Section 172(c) of the CAA sets forth
the basic requirements of air quality
plans for states with nonattainment
areas that are required to submit them
pursuant to section 172(b). Subpart 2 of
part D, which includes section 182 of
the CAA, establishes specific
requirements for ozone nonattainment
areas depending on the areas’
nonattainment classifications.
The Newport State Park area was
classified as marginal under subpart 2
for the 2015 ozone NAAQS. Therefore,
the area is subject to the subpart 1
requirements contained in section
172(c) and section 176. Similarly, the
area is subject to the subpart 2
requirements contained in section
182(a) (marginal nonattainment area
requirements). A thorough discussion of
the requirements contained in section
172(c) and 182 can be found in the
General Preamble for Implementation of
Title I (57 FR 13498).
i. Subpart 1 Section 172 Requirements
CAA Section 172(b)requires states to
submit SIPs meeting the requirements of
section 172(c) no later than three years
from the date of the nonattainment
designation. For the Newport State Park
nonattainment area, the SIP provisions
required under CAA section 172 are due
August 3, 2021. No requirements
applicable for purposes of redesignation
under part D became due prior to
Wisconsin’s submission of the complete
redesignation request and, therefore,
none are applicable to the area for
purposes of redesignation.
EPA previously approved Wisconsin’s
nonattainment NSR program on January
18, 1995 (60 FR 3538). Nonetheless,
EPA has determined that, since PSD
requirements will apply after
redesignation, areas being redesignated
need not comply with the requirement
that an NSR program be approved prior
to redesignation, provided that the area
demonstrates maintenance of the
NAAQS without part D NSR. A more
detailed rationale for this view is
described in a memorandum from Mary
Nichols, Assistant Administrator for Air
and Radiation, dated October 14, 1994,
entitled, ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’
Wisconsin has demonstrated that the
Newport State Park area will be able to
maintain the 2015 ozone NAAQS
without part D NSR in effect; therefore,
EPA concludes that the state need not
area. Therefore, EPA concludes that these
infrastructure requirements are not applicable
requirements for purposes of review of the state’s
2015 ozone NAAQS redesignation request.
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14611
have a fully approved part D NSR
program prior to approval of the
redesignation request. See rulemakings
for Detroit, Michigan (60 FR 12467–
12468, March 7, 1995); ClevelandAkron-Lorain, Ohio (61 FR 20458,
20469–20470, May 7, 1996); Louisville,
Kentucky (66 FR 53665, October 23,
2001); and Grand Rapids, Michigan (61
FR 31834–31837, June 21, 1996).
Wisconsin’s PSD program will become
effective in the Newport State Park area
upon redesignation to attainment. EPA
approved Wisconsin’s PSD program on
October 6, 2014 (79 FR 60064) and
February 7, 2017 (82 FR 9515).
ii. Section 176 Conformity
Requirements
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs and
projects that are developed, funded or
approved under title 23 of the United
States Code (U.S.C.) and the Federal
Transit Act (transportation conformity),
as well as to all other federally
supported or funded projects (general
conformity). State transportation
conformity SIP revisions must be
consistent with Federal conformity
regulations relating to consultation,
enforcement and enforceability that EPA
promulgated pursuant to its authority
under the CAA.
EPA interprets the conformity SIP
requirements 4 as not applying for
purposes of evaluating a redesignation
request under section 107(d) because
state conformity rules are still required
after redesignation and Federal
conformity rules apply where state
conformity rules have not been
approved. See Wall v. EPA, 265 F.3d
426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748
(December 7, 1995) (redesignation of
Tampa, Florida). Nonetheless,
Wisconsin has an approved conformity
SIP for the Door County area. See 79 FR
10995 (February 27, 2014).
iii. Subpart 2 Section 182(a)
Requirements
Section 182(a)(1) requires states to
submit a comprehensive, accurate, and
current inventory of actual emissions
4 CAA section 176(c)(4)(E) requires states to
submit revisions to their SIPs to reflect certain
Federal criteria and procedures for determining
transportation conformity. Transportation
conformity SIPs are different from SIPs requiring
the development of MVEBs, such as control strategy
SIPs and maintenance plans.
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from sources of VOC and NOX emitted
within the boundaries of the ozone
nonattainment area within two years of
designation. For the Newport State Park
area, this submission is due August 3,
2020. Because it will become due after
Wisconsin’s submission of a complete
redesignation request for the area, it is
not an applicable requirement for
purposes of redesignation.
Under section 182(a)(2)(A), states
with ozone nonattainment areas that
were designated prior to the enactment
of the 1990 CAA amendments were
required to submit, within six months of
classification, all rules and corrections
to existing VOC reasonably available
control technology (RACT) rules that
were required under section 172(b)(3)
prior to the 1990 CAA amendments. The
Newport State Park area is not subject
to the section 182(a)(2) RACT ‘‘fix up’’
requirement for the 2015 ozone NAAQS
because it was designated as
nonattainment for this standard after the
enactment of the 1990 CAA
amendments and because Wisconsin
complied with this requirement for the
larger Door County area under the prior
1-hour ozone NAAQS. See 59 FR 41709
(August 15, 1994) and 60 FR 20643
(April 27, 1995).
Section 182(a)(2)(B) requires each
state with a marginal ozone
nonattainment area that implemented or
was required to implement a vehicle
inspection and maintenance (I/M)
program prior to the 1990 CAA
amendments to submit a SIP revision for
an I/M program no less stringent than
that required prior to the 1990 CAA
amendments or that was already in the
SIP at the time of the CAA amendments,
whichever is more stringent. For the
purposes of the 2015 ozone NAAQS and
the consideration of Wisconsin’s
redesignation request for this standard,
the Newport State Park area is not
subject to the section 182(a)(2)(B)
requirement because the area was
designated as nonattainment for the
2015 ozone NAAQS after the enactment
of the 1990 CAA amendments.
Section 182(a)(2)(C), under the
heading ‘‘Corrections to the State
Implementation Plans—Permit
Programs’’ contains a requirement for
states to submit NSR SIP revisions to
meet the requirements of CAA sections
172(c)(5) and 173 within two years after
the date of enactment of the 1990 CAA
Amendments. For the purposes of the
2015 ozone NAAQS and the
consideration of Wisconsin’s
redesignation request for this standard,
the Newport State Park area is not
subject to the section 182(a)(2)(C)
requirement because the area was
designated as nonattainment for the
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2015 ozone NAAQS after the enactment
of the 1990 CAA amendments.
Section 182(a)(4) specifies the
emission offset ratio for marginal areas
but does not establish a SIP submission
deadline. EPA’s December 6, 2018
implementation rule for the 2015 ozone
NAAQS clarifies that nonattainment
NSR permit program requirements
applicable to the 2015 NAAQS are due
three years from the effective date of the
nonattainment designation, i.e., August
3, 2021. See 83 FR 62998, 63001. This
approach is based on the provision in
CAA section 172(b) requiring the
submission of plans or plan revisions
‘‘no later than 3 years from the date of
the nonattainment designation.’’
Because this requirement will become
due after Wisconsin’s submission of a
complete redesignation request for the
Newport State Park area, it is not an
applicable requirement for purposes of
redesignation.
While Wisconsin has not submitted a
nonattainment NSR SIP revision to
address the 2015 ozone NAAQS,
Wisconsin currently has a fullyapproved part D NSR program in place.
In addition, EPA approved Wisconsin’s
PSD program on October 6, 2014 (79 FR
60064) and February 7, 2017 (82 FR
9515). As discussed above, Wisconsin
has demonstrated that the Newport
State Park area will be able to maintain
the 2015 ozone NAAQS without part D
NSR in effect; therefore, EPA concludes
that the state need not have a fully
approved part D NSR program prior to
approval of the redesignation request.
The state’s PSD program will become
effective in the area upon redesignation
to attainment.
Section 182(a)(3) requires states to
submit periodic emission inventories
and a revision to the SIP to require the
owners or operators of stationary
sources to annually submit emission
statements documenting actual VOC
and NOX emissions. As discussed below
in section IV.D.4. of this proposed rule,
Wisconsin will continue to update its
emissions inventory at least once every
three years. For stationary source
emission statements, this submission is
due August 3, 2020. Because it will
become due after Wisconsin’s
submission of a complete redesignation
request for the area, it is not an
applicable requirement for purposes of
redesignation.
Therefore, EPA finds that the Newport
State Park area has satisfied all
applicable requirements for purposes of
redesignation under section 110 and
part D of title I of the CAA.
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2. The Newport State Park Area Has a
Fully Approved SIP for Purposes of
Redesignation Under Section 110(k) of
the CAA
At various times, Wisconsin has
adopted and submitted, and EPA has
approved, provisions addressing the
various SIP elements applicable for the
ozone NAAQS. As discussed above,
EPA has fully approved the Wisconsin
SIP for the Newport State Park area
under section 110(k) for all
requirements applicable for purposes of
redesignation under the 2015 ozone
NAAQS. EPA may rely on prior SIP
approvals in approving a redesignation
request (see the Calcagni Memorandum
at page 3; Southwestern Pennsylvania
Growth Alliance v. Browner, 144 F.3d
984, 989–990 (6th Cir. 1998); Wall v.
EPA, 265 F.3d 426), plus any additional
measures it may approve in conjunction
with a redesignation action (see 68 FR
25426 (May 12, 2003) and citations
therein).
C. Are the air quality improvements in
the area due to permanent and
enforceable emission reductions?
To redesignate an area from
nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires
EPA to determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from the
implementation of the SIP and
applicable Federal air pollution control
regulations and other permanent and
enforceable emission reductions. EPA
has determined that Wisconsin has
demonstrated that the observed ozone
air quality improvement in the Newport
State Park area is due to permanent and
enforceable reductions in VOC and NOX
emissions resulting from state measures
adopted into the SIP and Federal
measures.
In making this demonstration, the
state has calculated the change in
emissions between 2014 and 2017. The
reduction in emissions and the
corresponding improvement in air
quality over this time period can be
attributed to regulatory control
measures that Wisconsin and upwind
states have implemented in recent
years.5 In addition, Wisconsin provided
5 EPA designated the Newport State Park area as
a Rural Transport Area (RTA), which means EPA
determined that the NOX and VOC emissions from
sources within the park do not make a significant
contribution to ozone concentrations in the park
itself, or in other areas. Therefore, the permanent
and enforceable precursor emissions reductions
required for redesignation must be from areas
outside the park within Wisconsin’s control. The
permanent and enforceable emissions reductions
detailed in Wisconsin’s redesignation request and
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an analysis to demonstrate the
improvement in air quality was not due
to unusually favorable meteorology.
Based on the information summarized
below, EPA finds that Wisconsin has
adequately demonstrated that the
improvement in air quality is due to
permanent and enforceable emissions
reductions.
1. Permanent and Enforceable Emission
Controls Implemented
a. Regional NOX Controls
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CAIR/CSAPR. Under the ‘‘good
neighbor provision’’ of CAA section
110(a)(2)(D)(i)(I), states are required to
address interstate transport of air
pollution. Specifically, the good
neighbor provision provides that each
state’s SIP must contain provisions
prohibiting emissions from within that
state which will contribute significantly
to nonattainment of the NAAQS, or
interfere with maintenance of the
NAAQS, in any other state.
On May 12, 2005, EPA published
CAIR, which required eastern states,
including Wisconsin, to prohibit
emissions consistent with annual and
ozone season NOX budgets and annual
sulfur dioxide (SO2) budgets (70 FR
25152). CAIR addressed the good
neighbor provision for the 1997 ozone
NAAQS and 1997 fine particulate
matter (PM2.5) NAAQS and was
designed to mitigate the impact of
transported NOX emissions, a precursor
of both ozone and PM2.5, as well as
transported SO2 emissions, another
precursor of PM2.5. The United States
Court of Appeals for the District of
Columbia Circuit (D.C. Circuit)
remanded CAIR to EPA for replacement
in 2008. North Carolina v. EPA, 531
F.3d 896, modified, 550 F.3d 1176
(2008). While EPA worked on
developing a replacement rule,
implementation of the CAIR program
continued as planned with the NOX
annual and ozone season programs
beginning in 2009 and the SO2 annual
program beginning in 2010.
discussed in this proposed action represent
statewide reductions from Wisconsin and
specifically from Wisconsin’s Green Bay
metropolitan area and Wisconsin’s Milwaukee
metropolitan area, both of which are upwind of the
park, and which, therefore, have the potential to
impact ozone levels in the park. Additionally,
permanent and enforceable reductions from
Chicago, a multi-state metropolitan area upwind of
the park, are listed. The Chicago metropolitan area
generally consists of portions of Wisconsin, Illinois,
and Indiana. For its upwind emissions reduction
analysis for the Chicago metropolitan area,
Wisconsin included: Cook, Dekalb, DuPage,
Grundy, Kane, Kendall, Lake McHenry and Will
Counties in Illinois; Jasper, Lake, Porter and
Newton Counties in Indiana, and Kenosha County,
Wisconsin.
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of low emission-control technologies.
The Tier 2 tailpipe standards
established in this rule were phased in
for new vehicles between 2004 and
2009. EPA estimates that, when fully
implemented, this rule will cut NOX
and VOC emissions from light-duty
vehicles and light-duty trucks by
approximately 76% and 28%,
respectively. NOX and VOC reductions
from medium-duty passenger vehicles
included as part of the Tier 2 vehicle
program are estimated to be
approximately 37,000 and 9,500 tons
per year, respectively, when fully
implemented. As projected by these
estimates and demonstrated in the
onroad emission modeling for the
Newport State Park area, much of these
emission reductions occurred by the
attainment years and additional
emission reductions will occur
throughout the maintenance period, as
older vehicles are replaced with newer,
compliant model years.
Tier 3 Emission Standards for
Vehicles and Gasoline Sulfur Standards.
On April 28, 2014 (79 FR 23414), EPA
promulgated Tier 3 motor vehicle
emission and fuel standards to reduce
both tailpipe and evaporative emissions
and to further reduce the sulfur content
in fuels. The rule will be phased in
between 2017 and 2025. Tier 3 sets new
tailpipe standards for the sum of VOC
and NOX and for particulate matter
(PM). The VOC and NOX tailpipe
standards for light-duty vehicles
b. Federal Emission Control Measures
represent approximately an 80%
reduction from today’s fleet average and
Reductions in VOC and NOX
a 70% reduction in per-vehicle PM
emissions have occurred statewide and
standards. Heavy-duty tailpipe
in upwind areas as a result of Federal
standards represent about a 60%
emission control measures, with
additional emission reductions expected reduction in both fleet average VOC and
NOX and per-vehicle PM standards. The
to occur in the future. Federal emission
control measures include the following: evaporative emissions requirements in
the rule will result in approximately a
Tier 2 Emission Standards for
Vehicles and Gasoline Sulfur Standards. 50% reduction from current standards
On February 10, 2000 (65 FR 6698), EPA and apply to all light-duty and onroad
gasoline-powered heavy-duty vehicles.
promulgated Tier 2 motor vehicle
Finally, the rule lowers the sulfur
emission standards and gasoline sulfur
content of gasoline to an annual average
control requirements. These emission
of 10 ppm by January 2017. As projected
control requirements result in lower
by these estimates and demonstrated in
VOC and NOX emissions from new cars
the onroad emission modeling for the
and light duty trucks, including sport
Newport State Park area, some of these
utility vehicles. With respect to fuels,
emission reductions occurred by the
this rule required refiners and importers
attainment years and additional
of gasoline to meet lower standards for
emission reductions will occur
sulfur in gasoline, which were phased
throughout the maintenance period, as
in between 2004 and 2006. By 2006,
older vehicles are replaced with newer,
refiners were required to meet a 30-ppm compliant model years.
average sulfur level, with a maximum
Heavy-Duty Diesel Engine Rules. In
cap of 80 ppm. This reduction in fuel
July 2000, EPA issued a rule for onroad
sulfur content ensures the effectiveness
heavy-duty diesel engines that includes
standards limiting the sulfur content of
6 In a December 27, 2011 rulemaking, EPA
diesel fuel. Emissions standards for
included Wisconsin in the ozone season NOX
program, addressing the 1997 ozone NAAQS (76 FR NOX, VOC and PM were phased in
80760).
between model years 2007 and 2010. In
On August 8, 2011 (76 FR 48208),
acting on the D.C. Circuit’s remand, EPA
published CSAPR to replace CAIR and
to address the good neighbor provision
for the 1997 ozone NAAQS, the 1997
PM2.5 NAAQS, and the 2006 PM2.5
NAAQS.6 Through Federal
Implementation Plans (FIPs), CSAPR
required electric generating units
(EGUs) in eastern states, including
Wisconsin, to meet annual and ozone
season NOX budgets and annual SO2
budgets implemented through new
trading programs. After delays caused
by litigation, EPA started implementing
the CSAPR trading programs in 2015,
simultaneously discontinuing
administration of the CAIR trading
programs. On October 26, 2016, EPA
published the CSAPR Update, which
established, starting in 2017, a new
ozone season NOX trading program for
EGUs in eastern states, including
Wisconsin, to address the good neighbor
provision for the 2008 ozone NAAQS
(81 FR 74504). CSAPR Update is
projected to result in a 20% reduction
in ozone season NOX emissions from
EGUs in the eastern United States, a
reduction of 80,000 tons in 2017
compared to 2015 levels. The reduction
in NOX emissions from the
implementation of CAIR and then
CSAPR occurred during the attainment
years, and additional emission
reductions will occur throughout the
maintenance period.
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addition, the rule reduced the highway
diesel fuel sulfur content to 15 ppm by
2007, leading to additional reductions
in combustion NOX and VOC emissions.
EPA has estimated future year emission
reductions due to implementation of
this rule. Nationally, EPA estimated that
2015 NOX and VOC emissions would
decrease by 1,260,000 tons and 54,000
tons, respectively. Nationally, EPA
estimated that by 2030 NOX and VOC
emissions will decrease by 2,570,000
tons and 115,000 tons, respectively. As
projected by these estimates and
demonstrated in the onroad emission
modeling for the Newport State Park
area, some of these emission reductions
occurred during the attainment years
and additional emission reductions will
occur throughout the maintenance
period, as older vehicles are replaced
with newer, compliant model years.
Nonroad Diesel Rule. On June 29,
2004 (69 FR 38958), EPA issued a rule
adopting emissions standards for
nonroad diesel engines and sulfur
reductions in nonroad diesel fuel. This
rule applies to diesel engines used
primarily in construction, agricultural,
and industrial applications. Emission
standards are phased in for 2008
through 2015 model years based on
engine size. The SO2 limits for nonroad
diesel fuels were phased in from 2007
through 2012. EPA estimates that when
fully implemented, compliance with
this rule will cut NOX emissions from
these nonroad diesel engines by
approximately 90%. As projected by
these estimates and demonstrated in the
nonroad emission modeling for the
Newport State Park area, some of these
emission reductions occurred during the
attainment years and additional
emission reductions will occur
throughout the maintenance period.
Nonroad Spark-Ignition Engines and
Recreational Engine Standards. On
November 8, 2002 (67 FR 68242), EPA
adopted emission standards for large
spark-ignition engines such as those
used in forklifts and airport groundservice equipment; recreational vehicles
such as off-highway motorcycles, allterrain vehicles, and snowmobiles; and
recreational marine diesel engines.
These emission standards are phased in
from model year 2004 through 2012.
When fully implemented, EPA estimates
an overall 72% reduction in VOC
emissions from these engines and an
80% reduction in NOX emissions. As
projected by these estimates and
demonstrated in the nonroad emission
modeling for the Newport State Park
area, some of these emission reductions
occurred by the attainment years and
additional emission reductions will
occur throughout the maintenance
period.
Category 3 Marine Diesel Engine
Standards. On April 30, 2010 (75 FR
22896) EPA issued emission standards
for marine compression-ignition engines
at or above 30 liters per cylinder. Tier
2 emission standards have applied
beginning in 2011 and are expected to
result in a 15 to 25% reduction in NOX
emissions from these engines. Final Tier
3 emission standards have applied
beginning in 2016 and are expected to
result in approximately an 80%
reduction in NOX from these engines.
As projected by these estimates and
demonstrated in the nonroad emission
modeling for the Newport State Park
area, some of these emission reductions
occurred during the attainment years
and additional emission reductions will
occur throughout the maintenance
period.
7 For its upwind emissions reduction analysis for
the Green Bay metropolitan area, Wisconsin
included Brown County, WI.
8 For its upwind emissions reduction analysis for
the Milwaukee metropolitan area, Wisconsin
included: Ozaukee, Racine, Waukesha and
Washington Counties in Wisconsin.
9 The Chicago metropolitan area generally
consists of portions of Wisconsin, Illinois, and
Indiana. For its upwind emissions reduction
analysis for the Chicago metropolitan area,
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2. Emission Reductions
Wisconsin is using a 2014 emissions
inventory as the nonattainment year.
This is appropriate because it was one
of the years used to designate the area
as nonattainment. Wisconsin is using
2017 as the attainment year, which is
appropriate because it is one of the
years in the 2017–2019 period used to
demonstrate attainment.
Since the nonattainment area is only
inclusive of Wisconsin’s Newport State
Park, the area generally has no point,
area, or regularly quantified nonroad
emission sources; therefore, Wisconsin
prepared an onroad mobile source
inventory for this area. Wisconsin used
the estimated number of vehicles
entering the park on a monthly basis,
vehicle miles traveled (VMT) within the
park, which has a 1-mile access road,
and EPA’s Motor Vehicle Emission
Simulator model (MOVES2014b) to
estimate mobile sector emissions in the
state park for the years 2014 and 2017.
As mentioned previously, EPA
designated the Newport State Park area
as an RTA. Therefore, the permanent
and enforceable precursor emissions
reductions required for redesignation
must be inclusive of areas outside the
park within Wisconsin’s control. The
permanent and enforceable emissions
reductions discussed in this proposed
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action represent statewide reductions
from Wisconsin and specifically from
Wisconsin’s Green Bay metropolitan
area 7 and Wisconsin’s Milwaukee
metropolitan area,8 both of which are
upwind of the park and in line with
general wind patterns on exceedance
days, and which, therefore, have the
potential to impact ozone levels in the
park. Additionally, permanent and
enforceable reductions from Chicago, a
multi-state metropolitan area 9 upwind
of the park, are listed. In developing the
emissions inventory information for
these upwind metropolitan areas for the
year 2014, Wisconsin used the 2014
National Emissions Inventory (NEI)
version 2 and the 2014 National Air
Toxics Assessment (NATA) for point,
area, onroad, and nonroad sources. For
2017 emissions, Wisconsin interpolated
between the 2016 and 2023 emissions of
EPA’s 2016 version 1 emissions
modeling platform.
The emissions data that Wisconsin
used is available in units of tons per
year. Wisconsin expects summer day
emissions to be slightly higher relative
to the rest of the year due to increases
in VMT and nonroad activity. Therefore,
Wisconsin calculated tons per summer
day (tpsd) by dividing annual emissions
for mobile source sectors by 330 rather
than 365 days to avoid underestimating
mobile source sector emissions. For the
purpose of estimating regional
emissions trends from areas upwind of
the Newport State Park nonattainment
area, Wisconsin assumed point and area
source facilities operate steadily over
365 days each year. Therefore,
Wisconsin estimated 2014 and 2017
summer day emissions by dividing the
annual emissions for the point and area
sectors by 365 days. EPA finds
Wisconsin’s methods to be reasonable
given Wisconsin’s assumptions
regarding emissions activity from the
various source sectors.
Using the inventories described
above, Wisconsin documents changes in
VOC and NOX emissions from 2014 to
2017 for the Newport State Park area as
well as for the upwind metropolitan
areas described above, including the
Green Bay area, the Milwaukee area,
and the Chicago area. Emissions data are
shown in Tables 2 through 6. As shown
in Table 6, overall NOX and VOC
emissions declined between 2014 and
2017.
Wisconsin included: Cook, Dekalb, DuPage,
Grundy, Kane, Kendall, Lake McHenry and Will
Counties in Illinois; Jasper, Lake, Porter and
Newton Counties in Indiana, and Kenosha County,
Wisconsin.
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TABLE 2—NOX EMISSIONS FOR NONATTAINMENT YEAR 2014
[TPSD]
Area
Point
Newport State Park ..............................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0.00
15.57
21.06
156.24
0.00
2.63
17.87
96.68
Nonroad
Onroad
0.00
4.05
28.19
158.24
0.00103
11.20
57.74
311.75
Total
0.00103
33.46
124.86
722.92
TABLE 3—VOC EMISSIONS FOR NONATTAINMENT YEAR 2014
[TPSD]
Area
Point
Newport State Park ..............................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0.00
4.27
9.40
50.20
Nonroad
0.00
8.71
50.40
240.36
Onroad
0.00
2.91
18.77
91.62
0.00052
6.31
31.07
170.29
Total
0.00052
22.21
109.64
552.47
TABLE 4—NOX EMISSIONS FOR ATTAINMENT YEAR 2017
[TPSD]
Area
Point
Newport State Park ..............................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0.00
6.67
17.05
124.86
0.00
2.62
17.78
96.20
Nonroad
Onroad
0.00
2.79
17.57
138.44
0.00063
7.83
34.99
202.33
Total
0.00063
19.91
87.39
561.82
TABLE 5—VOC EMISSIONS FOR ATTAINMENT YEAR 2017
[TPSD]
Area
Point
Newport State Park ..............................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0.00
4.55
9.23
48.23
Nonroad
0.00
8.94
50.69
241.60
Onroad
0.00
1.72
11.83
70.54
0.00040
4.31
18.55
113.35
Total
0.00040
19.51
90.30
473.71
TABLE 6—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2014 AND 2017
[TPSD]
NOX
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2014
VOC
Net change
(2014–2017)
2017
2014
Net change
(2014–2017)
2017
Newport State Park:
Point ..................................................
Area ..................................................
Nonroad ............................................
Onroad ..............................................
0
0
0
0.00103
0
0
0
0.00063
0
0
0
¥0.0004
0
0
0
0.00052
0
0
0
0.0004
0
0
0
¥0.00012
Total ...........................................
0.00103
0.00063
¥0.0004
0.00052
0.0004
¥0.00012
Green Bay Area:
Point ..................................................
Area ..................................................
Nonroad ............................................
Onroad ..............................................
15.57
2.63
4.05
11.2
6.67
2.62
2.79
7.83
¥8.90
¥0.01
¥1.26
¥3.37
4.27
8.71
2.91
6.31
4.55
8.94
1.72
4.31
+0.28
+0.23
¥1.19
¥2.00
Total ...........................................
33.46
19.91
¥13.55
22.21
19.51
¥2.70
Milwaukee Area:
Point ..................................................
Area ..................................................
Nonroad ............................................
Onroad ..............................................
21.06
17.87
28.19
57.74
17.05
17.78
17.57
34.99
¥4.01
¥0.09
¥10.62
¥22.75
9.40
50.40
18.77
31.07
9.23
50.69
11.83
18.55
¥0.17
+0.29
¥6.94
¥12.52
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TABLE 6—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2014 AND 2017—Continued
[TPSD]
VOC
NOX
2014
2014
Net change
(2014–2017)
2017
Total ...........................................
124.86
87.39
¥37.47
109.64
90.3
¥19.34
Chicago Area:
Point ..................................................
Area ..................................................
Nonroad ............................................
Onroad ..............................................
156.24
96.68
158.24
311.75
124.86
96.2
138.44
202.33
¥31.38
¥0.48
¥19.80
¥109.42
50.20
240.36
91.62
170.29
48.23
241.60
70.54
113.35
¥1.97
+1.24
¥21.08
¥56.94
Total ...........................................
722.92
561.82
¥161.10
552.47
473.71
¥78.76
3. Meteorology
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Net change
(2014–2017)
2017
Wisconsin included an analysis to
further support its demonstration that
the improvement in air quality between
the year violations occurred and the
year attainment was achieved is due to
permanent and enforceable emission
reductions and not unusually favorable
meteorology. Ozone formation is a
complex process with atmospheric
chemical reactions involving NOX and
VOC precursor species. Moreover,
summertime ozone formation tends to
be positively correlated with
temperature. Wisconsin therefore
examined the relationship between the
average summer temperature and the
fourth-highest 8-hour ozone
concentration at the Newport State Park
monitor from 1998–2019. Wisconsin
also analyzed the annual fourth-highest
8-hour ozone concentration at the
Newport State Park monitor compared
to the number of days where the
maximum temperature was greater than
or equal to 80 ° Fahrenheit (F). The
linear regressions for each data set
demonstrate that the number of days
where the maximum temperature was
greater than or equal to 80 °F have
increased, while annual fourth-highest
8-hour ozone concentrations have
decreased. Wisconsin’s analysis
suggests that the observed long-term
decreases in ozone concentrations
including the more recent
nonattainment to attainment year ozone
concentrations are due to the permanent
and enforceable reductions in ozone
precursor emissions discussed earlier,
rather than from meteorological factors
such as unusually cool summer
temperatures. Therefore, EPA finds that
Wisconsin has shown that the air
quality improvements in the Newport
State Park area are due to permanent
and enforceable emissions reductions.
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D. Does Wisconsin have a fully
approvable ozone maintenance plan for
the Newport State Park area?
necessary components and to approve
the maintenance plan as a revision of
the Wisconsin SIP.
As one of the criteria for redesignation
to attainment section 107(d)(3)(E)(iv) of
the CAA requires EPA to determine that
the area has a fully approved
maintenance plan pursuant to section
175A of the CAA. Section 175A of the
CAA sets forth the elements of a
maintenance plan for areas seeking
redesignation from nonattainment to
attainment. Under section 175A, the
maintenance plan must demonstrate
continued attainment of the NAAQS for
at least 10 years after the Administrator
approves a redesignation to attainment.
Eight years after the redesignation, the
state must submit a revised maintenance
plan which demonstrates that
attainment of the NAAQS will continue
for an additional 10 years beyond the
initial 10-year maintenance period. To
address the possibility of future NAAQS
violations, the maintenance plan must
contain contingency measures, as EPA
deems necessary, to assure prompt
correction of the future NAAQS
violation.
The Calcagni Memorandum provides
further guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
elements: (1) An attainment emissions
inventory; (2) a maintenance
demonstration; (3) a commitment for
continued air quality monitoring; (4) a
process for verification of continued
attainment; and (5) a contingency plan.
In conjunction with its request to
redesignate the Newport State Park area
to attainment for the 2015 ozone
NAAQS, Wisconsin submitted a SIP
revision to provide for maintenance of
the 2015 ozone NAAQS through 2030,
more than 10 years after the expected
effective date of the redesignation to
attainment. As discussed below, EPA
proposes to find that Wisconsin’s ozone
maintenance plan includes the
1. Attainment Inventory
EPA is proposing to determine that
the Newport State Park area has attained
the 2015 ozone NAAQS based on
monitoring data for the period of 2017–
2019. Wisconsin selected 2017 as the
attainment emissions inventory year to
establish attainment emission levels for
VOC and NOX. Attainment emissions
inventories identify the levels of
emissions in the nonattainment area
that are sufficient to attain the NAAQS.
As mentioned previously, EPA
designated Newport State Park as an
RTA. As such, Wisconsin included an
attainment emissions inventory for the
nonattainment area and additionally
provided information about attainment
year emissions for upwind metropolitan
areas that have the potential to
influence ozone levels in the RTA. The
derivation of the attainment year
emissions for these areas is discussed
above in section IV.C.2. of this proposed
rule. The attainment level emissions, by
source category, are summarized in
Tables 4 and 5, above.
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2. Has the state documented
maintenance of the ozone standard in
the area?
Wisconsin has demonstrated
maintenance of the 2015 ozone NAAQS
through 2030 by ensuring that current
and future emissions of VOC and NOX
for the Newport State Park RTA remain
at or below attainment year emission
levels and, additionally, that upwind
areas within Wisconsin’s control having
the potential to influence ozone levels
in the RTA, including the Green Bay
metropolitan area, the Milwaukee
metropolitan area, and the Chicago
metropolitan area, a portion of which is
within Wisconsin, remain at or below
attainment year emission levels. A
maintenance demonstration need not be
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based on modeling. See Wall v. EPA,
265 F.3d 426 (6th Cir. 2001), Sierra Club
v. EPA, 375 F. 3d 537 (7th Cir. 2004).
See also 66 FR 53094, 53099–53100
(October 19, 2001), 68 FR 25413, 25430–
25432 (May 12, 2003).
Wisconsin is using emissions
inventories for the years 2023 and 2030
to demonstrate maintenance. 2030 is
more than 10 years after the expected
effective date of the redesignation to
attainment and 2023 was selected to
demonstrate that emissions are not
expected to spike in the interim
between the attainment year and the
final maintenance year. The emissions
inventories were developed as described
below.
Wisconsin used EPA’s 2016
Emissions Modeling Platform, Version
1, which includes base year 2016
emissions and emissions projections for
the years 2023 and 2028. Wisconsin
estimated 2030 emissions by
extrapolating EPA’s 2023 and 2028
emissions projections. Wisconsin used
the same methodology to convert annual
tons to tpsd for the 2023 and 2030
emissions projections as it used for the
2014 and 2017 inventory estimates.
Thus, Wisconsin derived 2023 and 2030
summer day emissions by dividing the
annual emissions for the point and area
sectors by 365 days and the mobile
sectors by 330. Interim and future year
emissions estimates are shown in Tables
7 through 11 below.
TABLE 7—NOX EMISSIONS FOR INTERIM MAINTENANCE YEAR 2023
[TPSD]
Area
Point
Newport State Park ..............................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0
5.56
18.07
101.44
Nonroad
0
2.58
17.40
93.29
Onroad
0
2.15
14.32
118.29
Total
0.00032
3.82
17.49
108.40
0.00032
14.11
67.28
421.41
TABLE 8—VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2023
[TPSD]
Area
Point
Newport State Park ..............................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0
4.53
9.78
46.75
Nonroad
0
9.15
51.06
245.30
Onroad
0
1.49
10.88
65.28
Total
0.00027
2.72
12.16
72.56
0.00027
17.91
83.87
429.90
TABLE 9—NOX EMISSIONS FOR MAINTENANCE YEAR 2030
[TPSD]
Area
Point
Newport State Park ..............................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0
5.61
17.90
101.84
Nonroad
0
2.56
17.11
89.52
Onroad
0
1.48
13.31
113.96
Total
0.00016
1.86
10.17
69.03
0.00016
11.51
58.48
374.35
TABLE 10—VOC EMISSIONS FOR MAINTENANCE YEAR 2030
[TPSD]
Area
Point
Newport State Park ..............................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0
4.54
9.76
46.45
Nonroad
0
9.38
51.43
249.4
Onroad
0
1.41
10.82
66.68
Total
0.00019
1.97
8.68
49.96
0.00019
17.30
80.69
412.50
TABLE 11—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2017 AND 2030
[TPSD]
NOX
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2017
2023
VOC
2030
Net change
(2017–2030)
2017
2023
2030
Net change
(2017–2030)
Newport State Park, Door County, Wisconsin:
Point ...................................................................
Area ....................................................................
Nonroad .............................................................
Onroad ...............................................................
0
0
0
6.3E–4
0
0
0
3.2E–4
0
0
0
1.6E–4
0
0
0
¥4.7E–4
0
0
0
4.0E–4
0
0
0
2.7 E–4
0
0
0
1.9E–4
0
0
0
¥2.1E–4
Total ............................................................
6.3E–4
3.2E–4
1.6E–4
¥4.7E–4
4.0E–4
2.7 E–4
1.9E–4
¥2.1E–4
Green Bay Wisconsin Metropolitan Area:
Point ...................................................................
6.67
5.56
5.61
¥1.06
4.55
4.53
4.54
¥0.01
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TABLE 11—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2017 AND 2030—Continued
[TPSD]
NOX
2017
2030
Net change
(2017–2030)
2017
2023
2030
Net change
(2017–2030)
Area ....................................................................
Nonroad .............................................................
Onroad ...............................................................
2.62
2.79
7.83
2.58
2.15
3.82
2.56
1.48
1.86
¥0.06
¥1.31
¥5.97
8.94
1.72
4.31
9.15
1.49
2.72
9.38
1.41
1.97
+0.44
¥0.31
¥2.34
Total ............................................................
19.91
14.11
11.51
¥8.40
19.51
17.91
17.30
¥2.21
Milwaukee Wisconsin Metropolitan Area:
Point ...................................................................
Area ....................................................................
Nonroad .............................................................
Onroad ...............................................................
17.05
17.78
17.57
34.99
18.07
17.40
14.32
17.49
17.90
17.11
13.31
10.17
+0.85
¥0.67
¥4.26
¥24.82
9.23
50.69
11.83
18.55
9.78
51.06
10.88
12.16
9.76
51.43
10.82
8.68
+0.53
+0.74
¥1.01
¥9.87
Total ............................................................
87.39
67.28
58.48
¥28.91
90.30
83.87
80.69
¥9.61
Chicago Metropolitan Area:
Point ...................................................................
Area ....................................................................
Nonroad .............................................................
Onroad ...............................................................
124.86
96.20
138.44
202.33
101.44
93.29
118.29
108.40
101.84
89.52
113.96
69.03
¥23.02
¥6.68
¥24.48
¥133.30
48.23
241.60
70.54
113.35
46.75
245.30
65.28
72.56
46.45
249.40
66.68
49.96
¥1.78
+7.78
¥3.86
¥63.39
Total ............................................................
561.82
421.41
374.35
¥187.50
473.71
429.90
412.50
¥61.25
In summary, Wisconsin’s
maintenance demonstration for the RTA
shows maintenance of the 2015 ozone
NAAQS by providing emissions
information to support the
demonstration that future emissions of
NOX and VOC will remain at or below
2017 emission levels when taking into
account both future source growth and
implementation of future controls. Table
11 shows NOX and VOC emissions are
projected to decrease between 2017 and
2030.
3. Continued Air Quality Monitoring
Wisconsin has committed to continue
to operate the ozone monitor listed in
Table 1 above. Wisconsin has
committed to consult with EPA prior to
making changes to the existing
monitoring network should changes
become necessary in the future.
Wisconsin remains obligated to meet
monitoring requirements and to
continue to quality assure monitoring
data in accordance with 40 CFR part 58,
and to enter all data into the AQS in
accordance with Federal guidelines.
4. Verification of Continued Attainment
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VOC
Wisconsin has confirmed that it has
the legal authority to enforce and
implement the requirements of the
maintenance plan for the Newport State
Park area. This includes the authority to
adopt, implement, and enforce any
subsequent statewide and/or areaspecific emission control measures
determined to be necessary to correct
future ozone attainment problems.
Verification of continued attainment
is accomplished through operation of
the ambient ozone monitoring network
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and the periodic update of relevant
emissions inventories. Wisconsin will
continue to operate the current ozone
monitor located in the Newport State
Park area. There are no plans to
discontinue operation, relocate, or
otherwise change the existing ozone
monitoring network other than through
revisions in the network approved by
the EPA.
To track future levels of emissions,
Wisconsin will continue to develop and
submit to EPA updated emission
inventories for the RTA and upwind
areas in Wisconsin at least once every
three years, consistent with the
requirements of 40 CFR part 51, subpart
A, and in 40 CFR 51.122. The
Consolidated Emissions Reporting Rule
(CERR) was promulgated by EPA on
June 10, 2002 (67 FR 39602). The CERR
was replaced by the Annual Emissions
Reporting Requirements (AERR) on
December 17, 2008 (73 FR 76539). The
most recent triennial inventory for
Wisconsin was compiled for 2014, and
2017 is in progress. Point source
facilities covered by Wisconsin’s
emission statement rule, Chapter NR
438 of the Wisconsin Administrative
Code, will continue to submit VOC and
NOX emissions on an annual basis.
5. What is the contingency plan for the
area?
Section 175A of the CAA requires the
state to adopt a maintenance plan, as a
SIP revision, that includes such
contingency measures as EPA deems
necessary to assure that the state will
promptly correct a violation of the
NAAQS that occurs after redesignation
of the area to attainment of the NAAQS.
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The maintenance plan must identify:
The contingency measures to be
considered and, if needed for
maintenance, adopted and
implemented; a schedule and procedure
for adoption and implementation; and a
time limit for action by the state. The
state should also identify specific
indicators to be used to determine when
the contingency measures need to be
considered, adopted, and implemented.
The maintenance plan must include a
commitment that the state will
implement all measures with respect to
the control of the pollutant that were
contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d) of
the CAA.
As required by section 175A of the
CAA, Wisconsin has adopted a
maintenance plan for the Newport State
Park area to address possible future
ozone air quality problems. The
maintenance plan adopted by
Wisconsin has two levels of response, a
warning level response and an action
level response.
In Wisconsin’s plan, a warning level
response will be triggered when an
annual fourth high monitored value of
0.070 ppm or higher is monitored
within the maintenance area. A warning
level response will consist of Wisconsin
conducting a study to determine
whether the ozone value indicates a
trend toward higher ozone values and
whether emissions appear to be
increasing. The study will evaluate
whether the trend, if any, is likely to
continue and, if so, the control measures
necessary to reverse the trend. The
study will be completed no later than
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May 1st of the year after the ozone
season in which the exceedance is
detected.
In Wisconsin’s plan, a violation of the
2015 ozone NAAQS within the
maintenance area triggers an action
level response. When an action level
response is triggered, Wisconsin will
determine what additional control
measures are needed to ensure future
attainment of the 2015 ozone NAAQS.
Control measures selected will be
adopted and implemented within 18
months from the close of the ozone
season that prompted the action level.
Wisconsin may also consider if
significant new regulations not
currently included as part of the
maintenance provisions will be
implemented in a timely manner and
would thus constitute an adequate
contingency measure response.
Wisconsin included the following list
of potential contingency measures in its
maintenance plan:
1. Anti-idling control program for
mobile sources, targeting diesel
vehicles;
2. Diesel exhaust retrofits;
3. Traffic flow improvements;
4. Park and ride facilities;
5. Rideshare/carpool program; and
6. Expansion of the vehicle emissions
testing program.
To qualify as a contingency measure,
emissions reductions from that measure
must not be factored into the emissions
projections used in the maintenance
plan.
EPA has concluded that Wisconsin’s
maintenance plan adequately addresses
the five basic components of a
maintenance plan: Attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. In addition, as
required by section 175A(b) of the CAA,
Wisconsin has committed to submit to
EPA an updated ozone maintenance
plan eight years after redesignation of
the area to cover an additional ten years
beyond the initial 10-year maintenance
period. Thus, EPA finds that the
maintenance plan SIP revision
submitted by Wisconsin for the Newport
State Park RTA meets the requirements
of section 175A of the CAA and EPA
proposes to approve it as a revision to
the Wisconsin SIP.
V. Has the state adopted approvable
motor vehicle emission budgets?
A. Motor Vehicle Emission Budgets
Under section 176(c) of the CAA, new
transportation plans, programs, or
projects that receive Federal funding or
support, such as the construction of new
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highways, must ‘‘conform’’ to (i.e., be
consistent with) the SIP. Conformity to
the SIP means that transportation
activities will not cause new air quality
violations, worsen existing air quality
problems, or delay timely attainment of
the NAAQS or interim air quality
milestones. Regulations at 40 CFR part
93 set forth EPA policy, criteria, and
procedures for demonstrating and
assuring conformity of transportation
activities to a SIP. Transportation
conformity is a requirement for
nonattainment and maintenance areas.
Maintenance areas are areas that were
previously nonattainment for a
particular NAAQS, but that have been
redesignated to attainment with an
approved maintenance plan for the
NAAQS.
Under the CAA, states are required to
submit, at various times, control strategy
SIPs for nonattainment areas and
maintenance plans for areas seeking
redesignations to attainment of the
ozone standard and maintenance areas.
See the SIP requirements for the 2015
ozone NAAQS in EPA’s December 6,
2018 implementation rule (83 FR
62998). These control strategy SIPs
(including reasonable further progress
plans and attainment plans) and
maintenance plans must include MVEBs
for criteria pollutants, including ozone,
and their precursor pollutants (VOC and
NOX for ozone) to address pollution
from onroad transportation sources. The
MVEBs are the portion of the total
allowable emissions that are allocated to
highway and transit vehicle use that,
together with emissions from other
sources in the area, will provide for
attainment or maintenance. See 40 CFR
93.101.
Under 40 CFR part 93, a MVEB for an
area seeking a redesignation to
attainment must be established, at
minimum, for the last year of the
maintenance plan. A state may adopt
MVEBs for other years as well. The
MVEB serves as a ceiling on emissions
from an area’s planned transportation
system. The MVEB concept is further
explained in the preamble to the
November 24, 1993, Transportation
Conformity Rule (58 FR 62188). The
preamble also describes how to
establish the MVEB in the SIP and how
to revise the MVEB, if needed,
subsequent to initially establishing a
MVEB in the SIP.
B. What is the status of EPA’s adequacy
determination for the proposed VOC
and NOX MVEBs for the Newport State
Park area?
When reviewing submitted control
strategy SIPs or maintenance plans
containing MVEBs, EPA must
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14619
affirmatively find that the MVEBs
contained therein are adequate for use
in determining transportation
conformity. Once EPA affirmatively
finds that the submitted MVEBs are
adequate for transportation purposes,
the MVEBs must be used by state and
Federal agencies in determining
whether proposed transportation
projects conform to the SIP as required
by section 176(c) of the CAA.
EPA’s substantive criteria for
determining adequacy of a MVEB are set
out in 40 CFR 93.118(e)(4). The process
for determining adequacy consists of
three basic steps: Public notification of
a SIP submission; provision for a public
comment period; and EPA’s adequacy
determination. This process for
determining the adequacy of submitted
MVEBs for transportation conformity
purposes was initially outlined in EPA’s
May 14, 1999 guidance, ‘‘Conformity
Guidance on Implementation of March
2, 1999, Conformity Court Decision.’’
EPA adopted regulations to codify the
adequacy process in the Transportation
Conformity Rule Amendments for the
‘‘New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and
Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change,’’
on July 1, 2004 (69 FR 40004).
Additional information on the adequacy
process for transportation conformity
purposes is available in the proposed
rule titled, ‘‘Transportation Conformity
Rule Amendments: Response to Court
Decision and Additional Rule Changes,’’
68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, Wisconsin’s
maintenance plan includes NOX and
VOC MVEBs for the Newport State Park
area for 2030 and 2023, the last year of
the maintenance period and an interim
year, respectively. EPA has reviewed
Wisconsin’s VOC and NOX MVEBs for
the Newport State Park RTA and, in this
action, is proposing to find them
adequate for approval into the
Wisconsin SIP. Wisconsin’s January 27,
2020 maintenance plan SIP submission,
including the VOC and NOX MVEBs for
the Newport State Park area, is open for
public comment via this proposed
rulemaking. The submitted maintenance
plan, which includes the MVEBs, was
endorsed by the Governor’s designee
and was subject to a state public
hearing. The MVEBs were developed as
part of an interagency consultation
process which includes Federal, state,
and local agencies. The MVEBs were
clearly identified and precisely
quantified. These MVEBs, when
considered together with all other
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emissions sources, are consistent with
maintenance of the 2015 ozone NAAQS.
TABLE 12—MVEBS FOR NEWPORT STATE PARK AREA
[TPSD]
Attainment
year 2017
onroad
emissions
VOC .............................
NOX ..............................
2023
estimated
onroad
emissions
0.00040
0.00063
0.00024
0.00028
As shown in Table 12, the 2023 and
2030 MVEBs exceed the estimated 2023
and 2030 onroad sector emissions. To
accommodate future variations in travel
demand models and VMT forecast,
Wisconsin allocated a portion of the
safety margin (described further below)
to the mobile sector. Wisconsin has
demonstrated that with mobile source
emissions at or below 0.00027 TPSD
and 0.00019 TPSD of VOC and 0.00032
TPSD and 0.00016 TPSD of NOX in 2023
and 2030, respectively, including partial
allocation of the safety margin,
emissions will remain under attainment
year emission levels. EPA finds
adequate and is proposing to approve
the MVEBs for use to determine
transportation conformity in the area,
because EPA has determined that the
area can maintain attainment of the
2015 ozone NAAQS for the relevant
maintenance period with mobile source
emissions at the levels of the MVEBs in
conjunction with the levels of the
projected emissions inventories for the
upwind areas discussed above.
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C. What is a safety margin?
A ‘‘safety margin’’ is the difference
between the attainment level of
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. As
noted in Table 11, the emissions in the
Newport State Park area are projected to
have safety margins of 0.00047 TPSD for
NOX and 0.00021 TPSD for VOC in 2030
(the difference between the attainment
year, 2017, emissions and the projected
2030 emissions for all sources in the
area). Similarly, there is a safety margin
of 0.00031 TPSD for NOX and 0.00013
TPSD for VOC in 2023. Even if
emissions exceeded projected levels by
the full amount of the safety margin, the
area would still demonstrate
maintenance since emission levels
would equal those in the attainment
year.
As shown in Table 12 above,
Wisconsin is allocating a portion of that
safety margin to the mobile source
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2023 mobile
safety margin
allocation
(percent)
2023 MVEBs
15
15
0.00027
0.00032
sector. Specifically, in 2023, Wisconsin
is allocating 0.00003 TPSD and 0.00004
TPSD of the VOC and NOX safety
margins, respectively. In 2030,
Wisconsin is allocating 0.00002 TPSD
and 0.00002 TPSD of the VOC and NOX
safety margins, respectively. Wisconsin
is not requesting allocation to the
MVEBs of the entire available safety
margins reflected in the demonstration
of maintenance. In fact, the amount
allocated to the MVEBs represents only
a small portion of the 2023 and 2030
safety margins. Therefore, even though
the state is requesting MVEBs that
exceed the projected onroad mobile
source emissions for 2023 and 2030
contained in the demonstration of
maintenance, the permissible level of
onroad mobile source emissions that
can be considered for transportation
conformity purposes is well within the
safety margins of the ozone maintenance
demonstration. Once allocated to mobile
sources, these safety margins will not be
available for use by other sources.
Further, the Newport State Park area is
an RTA. Therefore, in addition to the
MVEBs, the estimated upwind
emissions reductions throughout the
maintenance period, which are
described above, are also important for
maintaining the 2015 ozone NAAQS in
this area throughout the 10-year
maintenance period.
VI. Proposed Actions
EPA is proposing to change the legal
designation of the Newport State Park
area from nonattainment to attainment
for the 2015 ozone NAAQS. EPA is also
proposing to approve, as a revision to
the Wisconsin SIP, the state’s
maintenance plan for the area. The
maintenance plan is designed to keep
the Newport State Park area in
attainment of the 2015 ozone NAAQS
through 2030. Finally, EPA finds
adequate and therefore proposes to
approve the newly-established 2023 and
2030 MVEBs for the Newport State Park
area.
PO 00000
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2030
estimated
onroad
emissions
0.00017
0.00014
2030
mobile
safety margin
allocation
(percent)
15
15
2030 MVEBs
0.00019
0.00016
VII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, 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
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
E:\FR\FM\13MRP1.SGM
13MRP1
Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Proposed Rules
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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
40 CFR Part 81
jbell on DSKJLSW7X2PROD with PROPOSALS
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: February 28, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
[FR Doc. 2020–05007 Filed 3–12–20; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
17:34 Mar 12, 2020
Jkt 250001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R10–OAR–2020–0074; FRL–FRL
10006–46–Region 10]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Oregon Department of
Environmental Quality; Control of
Emissions From Existing Municipal
Solid Waste Landfills
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
Clean Air Act (CAA) section 111(d) plan
submitted by the Oregon Department of
Environmental Quality (ODEQ). This
state plan establishes emission limits for
existing municipal solid waste (MSW)
landfills and provides for the
implementation and enforcement of
these limits. ODEQ submitted this state
plan to fulfill its requirements under
section 111(d) of the CAA in response
to the EPA’s promulgation of Emissions
Guidelines and Compliance Times for
MSW landfills.
DATES: Written comments must be
received on or before April 13, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2020–0074 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The 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. The 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://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Geoffrey Glass (he/him), U.S. EPA,
SUMMARY:
PO 00000
Frm 00017
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14621
Region 10, 1200 Sixth Avenue, Suite
155, Mailcode: 15–H13, Seattle,
Washington 98101. He can also be
reached by phone at (206) 553–1847 or
by email at glass.geoffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 29, 2016, the EPA
finalized Standards of Performance for
Municipal Solid Waste Landfills and
Emission Guidelines and Compliance
Times for Municipal Solid Waste
Landfills in 40 CFR part 60, subpart
XXX and Cf, respectively. 81 FR 59332.
These actions were taken under section
111 of the CAA.
Section 111(d) of the CAA requires
the EPA to establish a procedure for a
state to submit a plan to the EPA that
establishes standards of performance for
any air pollutant: (1) For which air
quality criteria have not been issued or
which is not included on a list
published under CAA section 108 or
emitted from a source category which is
regulated under CAA section 112 but (2)
to which a standard of performance
under CAA section 111 would apply if
such existing source were a new source.
The EPA established these requirements
for state plan submittals in 40 CFR part
60, subpart B.1 State submittals under
CAA sections 111(d) must be consistent
with the relevant emission guidelines,
in this instance 40 CFR part 60, subpart
Cf, and the requirements of 40 CFR part
60, subpart B.
On August 2, 2019, ODEQ submitted
to the EPA a section 111(d) plan for
existing MSW landfills. The submitted
section 111(d) plan was in response to
the August 29, 2016 promulgation of
federal emission guidelines
requirements for MSW landfills, 40 CFR
part 60, subpart Cf (81 FR 59332).
II. Summary of the Plan and EPA
Analysis
The EPA has reviewed the ODEQ
section 111(d) plan submittal in the
context of the requirements of 40 CFR
part 60, subparts B and Cf, and part 62,
subpart A. In this action, the EPA is
proposing to determine that ODEQ’s
section 111(d) plan meets the abovecited requirements. On July 19, 2019,
Oregon amended the Oregon
Administrative Rules at Chapter 340,
Division 236 (OAR 340–236–500) by
incorporating regulatory language to
1 The EPA adopted new implementing regulations
for Emission Guidelines on July 8, 2019, by
promulgating 40 CFR part 60, subpart Ba. (84 FR
32575) The EPA adopted the new subpart Ba
implementing regulations for Municipal Solid
Waste Landfills and they became effective on
September 6, 2019 (84 FR 44547 (August 26, 2019))
after ODEQ submitted its state plan.
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]]>Agencies
[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Proposed Rules]
[Pages 14608-14621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05007]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2020-0042; FRL-10006-41-Region 5]
Air Plan Approval; Wisconsin; Redesignation of the Newport State
Park Area in Door County to Attainment of the 2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to find
that the Newport State Park nonattainment area in Door County,
Wisconsin is attaining the 2015 ozone National Ambient Air Quality
Standard (NAAQS or standard) and to act in accordance with a request
from the Wisconsin Department of Natural Resources (WDNR) to
redesignate the area to attainment for the 2015 ozone NAAQS, because
the request meets the statutory requirements for redesignation under
the Clean Air Act (CAA). Wisconsin submitted this request on January
27, 2020. EPA is also proposing to approve, as a revision to the
Wisconsin State Implementation Plan (SIP), the state's plan for
maintaining the 2015 ozone NAAQS through 2030 in the Newport State Park
area. Finally, EPA finds adequate and is proposing to approve
Wisconsin's 2023 and 2030 volatile organic compound (VOC) and oxides of
nitrogen (NOX) Motor Vehicle Emission Budgets (MVEBs) for
this area.
DATES: Comments must be received on or before April 13, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0042 at https://www.regulations.gov or via email to
[email protected]. 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: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6832,
[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 EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of Wisconsin's redesignation request?
A. Has the area attained the 2015 ozone NAAQS?
B. Has Wisconsin met all applicable requirements of section 110
and part D of the CAA for the area, and does Wisconsin have a fully
approved SIP for the area under section 110(k) of the CAA?
C. Are the air quality improvements in the area due to permanent
and enforceable emission reductions?
D. Does Wisconsin have a fully approvable ozone maintenance plan
for the Newport State Park area?
[[Page 14609]]
V. Has the state adopted approvable motor vehicle emission budgets?
VI. Proposed Actions.
VII. Statutory and Executive Order Reviews.
I. What is EPA proposing?
EPA is proposing to take several related actions. EPA is proposing
to determine that the Newport State Park nonattainment area in Door
County, Wisconsin is attaining the 2015 ozone NAAQS, based on quality-
assured and certified monitoring data for 2017-2019, and that this area
has met the requirements for redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus proposing to change the legal designation of
the Newport State Park area from nonattainment to attainment for the
2015 ozone NAAQS. EPA is also proposing to approve, as a revision to
the Wisconsin SIP, the state's maintenance plan (such approval being
one of the CAA criteria for redesignation to attainment status) for the
area. The maintenance plan is designed to keep the area in attainment
of the 2015 ozone NAAQS through 2030. Finally, EPA is proposing to
approve the newly-established 2023 and 2030 MVEBs for the area.
II. What is the background for these actions?
Ground-level ozone is detrimental to human health. On October 1,
2015, EPA promulgated a revised health-based 8-hour ozone NAAQS of
0.070 parts per million (ppm). See 80 FR 65292 (October 26, 2015).
Under EPA's regulations at 40 CFR part 50, the 2015 ozone NAAQS is
attained in an area when the 3-year average of the annual fourth
highest daily maximum 8-hour average concentration is equal to or less
than 0.070 ppm, when truncated after the thousandth decimal place, at
all the ozone monitoring sites in the area. See 40 CFR 50.19 and
appendix U to 40 CFR part 50.
Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B)
of the CAA requires EPA to designate as nonattainment any areas that
are violating the NAAQS, based on the most recent three years of
quality assured ozone monitoring data. The Newport State Park area was
designated as a marginal nonattainment area and as a Rural Transport
Area (RTA) \1\ for the 2015 ozone NAAQS on June 4, 2018 (83 FR 25776)
(effective August 3, 2018).
---------------------------------------------------------------------------
\1\ EPA designated the Newport State Park area as a Rural
Transport Area (RTA), which means EPA determined that the
NOX and VOC emissions from sources within the park do not
make a significant contribution to ozone concentrations in the park
itself or in other areas.
---------------------------------------------------------------------------
III. What are the criteria for redesignation?
Section 107(d)(3)(E) of the CAA allows redesignation of an area to
attainment of the NAAQS provided that: (1) The Administrator (EPA)
determines that the area has attained the NAAQS; (2) the Administrator
has fully approved the applicable implementation plan for the area
under section 110(k) of the CAA; (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP, applicable Federal air pollutant control regulations, and other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area as meeting the
requirements of section 175A of the CAA; and (5) the state containing
the area has met all requirements applicable to the area for the
purposes of redesignation under section 110 and part D of the CAA.
On April 16, 1992, EPA provided guidance on redesignations in the
General Preamble for the Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in the following documents:
1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, Director, Technical Support Division, June
18, 1990;
2. ``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the ``Calcagni Memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
6. ``Technical Support Documents (TSDs) for Redesignation of Ozone
and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G.T.
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
7. ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
8. ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
9. ``Part D New Source Review (Part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and
10. ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, May 10, 1995.
IV. What is EPA's analysis of Wisconsin's redesignation request?
A. Has the area attained the 2015 ozone NAAQS?
For redesignation of a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2015
ozone NAAQS if it meets the 2015 ozone NAAQS, as determined in
accordance with 40 CFR 50.19 and appendix U of part 50, based on three
complete, consecutive calendar years of quality-assured air quality
data for all monitoring sites in the area. To attain the NAAQS, the 3-
year average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations (ozone design values) at each monitor must not
exceed 0.070 ppm. The air quality data must be collected and quality-
assured in accordance with 40 CFR part 58 and recorded in EPA's Air
Quality System (AQS). Ambient air quality monitoring data for the 3-
year period must also meet data completeness requirements. An ozone
design value is valid if daily maximum 8-hour average concentrations
are available for at least 90% of the days within the ozone
[[Page 14610]]
monitoring seasons,\2\ on average, for the 3-year period, with a
minimum data completeness of 75% during the ozone monitoring season of
any year during the 3-year period. See section 4 of appendix U to 40
CFR part 50.
---------------------------------------------------------------------------
\2\ The ozone season is defined by state in 40 CFR 58 appendix
D. The ozone season for Wisconsin is March-October 15. See 80 FR
65292, 65466-67 (October 26, 2015).
---------------------------------------------------------------------------
EPA has reviewed the available ozone monitoring data from the
monitoring site in the Newport State Park area for the 2017-2019
period. These data have been quality assured, are recorded in the AQS,
and have been certified. These data demonstrate that the Newport State
Park area is attaining the 2015 ozone NAAQS. The annual fourth-highest
8-hour ozone concentration and the 3-year average of these
concentrations (monitoring site ozone design value) for the Newport
State Park area monitoring site are summarized in Table 1.
Table 1--Annual Fourth High Daily Maximum 8-Hour Ozone Concentration and 3-Year Average of the Fourth High Daily
Maximum 8-Hour Ozone Concentrations for the Newport State Park Area
----------------------------------------------------------------------------------------------------------------
Fourth high 2017-2019
County Monitor Year % Observed (ppm) average (ppm)
----------------------------------------------------------------------------------------------------------------
Door............................ 55-029-0004 2017 100 0.069 0.070
.............. 2018 97 0.075 ..............
.............. 2019 99 0.066 ..............
----------------------------------------------------------------------------------------------------------------
The Newport State Park area's 3-year ozone design value for 2017-
2019 is 0.070 ppm, which meets the 2015 ozone NAAQS. Therefore, in this
action, EPA proposes to determine that the area is attaining the 2015
ozone NAAQS.
EPA will not take final action to determine that the area is
attaining the NAAQS nor to approve the redesignation of this area if
the design value of the monitoring site in the area violates the NAAQS
after proposal but prior to final approval of the redesignation. As
discussed in section IV.D.3. below, Wisconsin has committed to continue
monitoring ozone in this area to verify maintenance of the 2015 ozone
NAAQS.
B. Has Wisconsin met all applicable requirements of section 110 and
part D of the CAA for the area, and does Wisconsin have a fully
approved SIP for the area under section 110(k) of the CAA?
As criteria for redesignation of an area from nonattainment to
attainment of a NAAQS, the CAA requires EPA to determine that the state
has met all applicable requirements under section 110 and part D of
title I of the CAA (see section 107(d)(3)(E)(v) of the CAA) and that
the state has a fully approved SIP under section 110(k) of the CAA (see
section 107(d)(3)(E)(ii) of the CAA). EPA finds that Wisconsin has met
all applicable SIP requirements, for purposes of redesignation, under
section 110 and part D of title I of the CAA (requirements specific to
nonattainment areas for the 2015 ozone NAAQS). Additionally, EPA finds
that all applicable requirements of the Wisconsin SIP for the area have
been fully approved under section 110(k) of the CAA. In making these
determinations, EPA ascertained which CAA requirements are applicable
to the Newport State Park area and the Wisconsin SIP and, if
applicable, whether the required Wisconsin SIP elements are fully
approved under section 110(k) and part D of the CAA. As discussed more
fully below, SIPs must be fully approved only with respect to currently
applicable requirements of the CAA.
The Calcagni Memorandum describes EPA's interpretation of section
107(d)(3)(E) of the CAA. Under this interpretation, a state and the
area it wishes to redesignate must meet the relevant CAA requirements
that are due prior to the state's submittal of a complete redesignation
request for the area. See also the September 17, 1993, Michael Shapiro
memorandum and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of
Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone NAAQS).
Applicable requirements of the CAA that come due subsequent to the
state's submittal of a complete request remain applicable until a
redesignation to attainment is approved but are not required as a
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to
attainment of the 1-hour ozone NAAQS).
1. Wisconsin Has Met All Applicable Requirements of Section 110 and
Part D of the CAA Applicable to the Newport State Park Area for
Purposes of Redesignation
a. Section 110 General Requirements for Implementation Plans
Section 110(a)(2) of the CAA outlines the general requirements for
a SIP. Section 110(a)(2) provides that the SIP must have been adopted
by the state after reasonable public notice and hearing, and that,
among other things, it must: (1) Include enforceable emission
limitations and other control measures, means or techniques necessary
to meet the requirements of the CAA; (2) provide for establishment and
operation of appropriate devices, methods, systems and procedures
necessary to monitor ambient air quality; (3) provide for
implementation of a source permit program to regulate the modification
and construction of stationary sources within the areas covered by the
plan; (4) include provisions for the implementation of part C
prevention of significant deterioration (PSD) and part D new source
review (NSR) permit programs; (5) include provisions for stationary
source emission control measures, monitoring, and reporting; (6)
include provisions for air quality modeling; and, (7) provide for
public and local agency participation in planning and emission control
rule development.
Section 110(a)(2)(D) of the CAA requires SIPs to contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address transport of
certain air pollutants, e.g., NOX SIP call, Clean
[[Page 14611]]
Air Interstate Rule (CAIR) and the Cross-State Air Pollution Rule
(CSAPR). However, like many of the 110(a)(2) requirements, the section
110(a)(2)(D) SIP requirements are not linked with a particular area's
ozone designation and classification. EPA concludes that the SIP
requirements linked with the area's ozone designation and
classification are the relevant measures to evaluate when reviewing a
redesignation request for the area. The section 110(a)(2)(D)
requirements, where applicable, continue to apply to a state regardless
of the designation of any one particular area within the state. Thus,
we believe these requirements are not applicable requirements for
purposes of redesignation. See 65 FR 37890 (June 15, 2000), 66 FR 50399
(October 19, 2001), 68 FR 25418, 25426-27 (May 13, 2003).
In addition, EPA believes that other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's ozone attainment status are not applicable requirements for
purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated to attainment of the 2015
ozone NAAQS. The section 110 and part D requirements which are linked
with a particular area's designation and classification are the
relevant measures to evaluate in reviewing a redesignation request.
This approach is consistent with EPA's existing policy on applicability
(i.e., for redesignations) of conformity and oxygenated fuels
requirements, as well as with section 184 ozone transport requirements.
See Reading, Pennsylvania proposed and final rulemakings, 61 FR 53174-
53176 (October 10, 1996) and 62 FR 24826 (May 7, 1997); Cleveland-
Akron-Loraine, Ohio final rulemaking, 61 FR 20458 (May 7, 1996); and
Tampa, Florida final rulemaking, 60 FR 62748 (December 7, 1995). See
also the discussion of this issue in the Cincinnati, Ohio ozone
redesignation (65 FR 37890, June 19, 2000), and the Pittsburgh,
Pennsylvania ozone redesignation (66 FR 50399, October 19, 2001).
We have reviewed Wisconsin's SIP and concluded that it meets the
general SIP requirements under section 110 of the CAA, to the extent
those requirements are applicable for purposes of redesignation.\3\
---------------------------------------------------------------------------
\3\ On September 14, 2018, Wisconsin submitted a SIP to meet the
requirements of section 110 for the 2015 ozone NAAQS. The
requirements of section 110(a)(2), however, are statewide
requirements that are not linked to the 2015 ozone NAAQS
nonattainment status of the Newport State Park area. Therefore, EPA
concludes that these infrastructure requirements are not applicable
requirements for purposes of review of the state's 2015 ozone NAAQS
redesignation request.
---------------------------------------------------------------------------
b. Part D Requirements
Section 172(c) of the CAA sets forth the basic requirements of air
quality plans for states with nonattainment areas that are required to
submit them pursuant to section 172(b). Subpart 2 of part D, which
includes section 182 of the CAA, establishes specific requirements for
ozone nonattainment areas depending on the areas' nonattainment
classifications.
The Newport State Park area was classified as marginal under
subpart 2 for the 2015 ozone NAAQS. Therefore, the area is subject to
the subpart 1 requirements contained in section 172(c) and section 176.
Similarly, the area is subject to the subpart 2 requirements contained
in section 182(a) (marginal nonattainment area requirements). A
thorough discussion of the requirements contained in section 172(c) and
182 can be found in the General Preamble for Implementation of Title I
(57 FR 13498).
i. Subpart 1 Section 172 Requirements
CAA Section 172(b)requires states to submit SIPs meeting the
requirements of section 172(c) no later than three years from the date
of the nonattainment designation. For the Newport State Park
nonattainment area, the SIP provisions required under CAA section 172
are due August 3, 2021. No requirements applicable for purposes of
redesignation under part D became due prior to Wisconsin's submission
of the complete redesignation request and, therefore, none are
applicable to the area for purposes of redesignation.
EPA previously approved Wisconsin's nonattainment NSR program on
January 18, 1995 (60 FR 3538). Nonetheless, EPA has determined that,
since PSD requirements will apply after redesignation, areas being
redesignated need not comply with the requirement that an NSR program
be approved prior to redesignation, provided that the area demonstrates
maintenance of the NAAQS without part D NSR. A more detailed rationale
for this view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled,
``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' Wisconsin has demonstrated that the
Newport State Park area will be able to maintain the 2015 ozone NAAQS
without part D NSR in effect; therefore, EPA concludes that the state
need not have a fully approved part D NSR program prior to approval of
the redesignation request. See rulemakings for Detroit, Michigan (60 FR
12467-12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458,
20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665, October
23, 2001); and Grand Rapids, Michigan (61 FR 31834-31837, June 21,
1996). Wisconsin's PSD program will become effective in the Newport
State Park area upon redesignation to attainment. EPA approved
Wisconsin's PSD program on October 6, 2014 (79 FR 60064) and February
7, 2017 (82 FR 9515).
ii. Section 176 Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs and projects that are developed, funded or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity), as well as to all other federally
supported or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability
that EPA promulgated pursuant to its authority under the CAA.
EPA interprets the conformity SIP requirements \4\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state conformity rules have
not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)
(upholding this interpretation); see also 60 FR 62748 (December 7,
1995) (redesignation of Tampa, Florida). Nonetheless, Wisconsin has an
approved conformity SIP for the Door County area. See 79 FR 10995
(February 27, 2014).
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\4\ CAA section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from SIPs requiring the development of MVEBs,
such as control strategy SIPs and maintenance plans.
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iii. Subpart 2 Section 182(a) Requirements
Section 182(a)(1) requires states to submit a comprehensive,
accurate, and current inventory of actual emissions
[[Page 14612]]
from sources of VOC and NOX emitted within the boundaries of
the ozone nonattainment area within two years of designation. For the
Newport State Park area, this submission is due August 3, 2020. Because
it will become due after Wisconsin's submission of a complete
redesignation request for the area, it is not an applicable requirement
for purposes of redesignation.
Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC reasonably available control technology
(RACT) rules that were required under section 172(b)(3) prior to the
1990 CAA amendments. The Newport State Park area is not subject to the
section 182(a)(2) RACT ``fix up'' requirement for the 2015 ozone NAAQS
because it was designated as nonattainment for this standard after the
enactment of the 1990 CAA amendments and because Wisconsin complied
with this requirement for the larger Door County area under the prior
1-hour ozone NAAQS. See 59 FR 41709 (August 15, 1994) and 60 FR 20643
(April 27, 1995).
Section 182(a)(2)(B) requires each state with a marginal ozone
nonattainment area that implemented or was required to implement a
vehicle inspection and maintenance (I/M) program prior to the 1990 CAA
amendments to submit a SIP revision for an I/M program no less
stringent than that required prior to the 1990 CAA amendments or that
was already in the SIP at the time of the CAA amendments, whichever is
more stringent. For the purposes of the 2015 ozone NAAQS and the
consideration of Wisconsin's redesignation request for this standard,
the Newport State Park area is not subject to the section 182(a)(2)(B)
requirement because the area was designated as nonattainment for the
2015 ozone NAAQS after the enactment of the 1990 CAA amendments.
Section 182(a)(2)(C), under the heading ``Corrections to the State
Implementation Plans--Permit Programs'' contains a requirement for
states to submit NSR SIP revisions to meet the requirements of CAA
sections 172(c)(5) and 173 within two years after the date of enactment
of the 1990 CAA Amendments. For the purposes of the 2015 ozone NAAQS
and the consideration of Wisconsin's redesignation request for this
standard, the Newport State Park area is not subject to the section
182(a)(2)(C) requirement because the area was designated as
nonattainment for the 2015 ozone NAAQS after the enactment of the 1990
CAA amendments.
Section 182(a)(4) specifies the emission offset ratio for marginal
areas but does not establish a SIP submission deadline. EPA's December
6, 2018 implementation rule for the 2015 ozone NAAQS clarifies that
nonattainment NSR permit program requirements applicable to the 2015
NAAQS are due three years from the effective date of the nonattainment
designation, i.e., August 3, 2021. See 83 FR 62998, 63001. This
approach is based on the provision in CAA section 172(b) requiring the
submission of plans or plan revisions ``no later than 3 years from the
date of the nonattainment designation.'' Because this requirement will
become due after Wisconsin's submission of a complete redesignation
request for the Newport State Park area, it is not an applicable
requirement for purposes of redesignation.
While Wisconsin has not submitted a nonattainment NSR SIP revision
to address the 2015 ozone NAAQS, Wisconsin currently has a fully-
approved part D NSR program in place. In addition, EPA approved
Wisconsin's PSD program on October 6, 2014 (79 FR 60064) and February
7, 2017 (82 FR 9515). As discussed above, Wisconsin has demonstrated
that the Newport State Park area will be able to maintain the 2015
ozone NAAQS without part D NSR in effect; therefore, EPA concludes that
the state need not have a fully approved part D NSR program prior to
approval of the redesignation request. The state's PSD program will
become effective in the area upon redesignation to attainment.
Section 182(a)(3) requires states to submit periodic emission
inventories and a revision to the SIP to require the owners or
operators of stationary sources to annually submit emission statements
documenting actual VOC and NOX emissions. As discussed below
in section IV.D.4. of this proposed rule, Wisconsin will continue to
update its emissions inventory at least once every three years. For
stationary source emission statements, this submission is due August 3,
2020. Because it will become due after Wisconsin's submission of a
complete redesignation request for the area, it is not an applicable
requirement for purposes of redesignation.
Therefore, EPA finds that the Newport State Park area has satisfied
all applicable requirements for purposes of redesignation under section
110 and part D of title I of the CAA.
2. The Newport State Park Area Has a Fully Approved SIP for Purposes of
Redesignation Under Section 110(k) of the CAA
At various times, Wisconsin has adopted and submitted, and EPA has
approved, provisions addressing the various SIP elements applicable for
the ozone NAAQS. As discussed above, EPA has fully approved the
Wisconsin SIP for the Newport State Park area under section 110(k) for
all requirements applicable for purposes of redesignation under the
2015 ozone NAAQS. EPA may rely on prior SIP approvals in approving a
redesignation request (see the Calcagni Memorandum at page 3;
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426), plus any
additional measures it may approve in conjunction with a redesignation
action (see 68 FR 25426 (May 12, 2003) and citations therein).
C. Are the air quality improvements in the area due to permanent and
enforceable emission reductions?
To redesignate an area from nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air
quality improvement in the area is due to permanent and enforceable
reductions in emissions resulting from the implementation of the SIP
and applicable Federal air pollution control regulations and other
permanent and enforceable emission reductions. EPA has determined that
Wisconsin has demonstrated that the observed ozone air quality
improvement in the Newport State Park area is due to permanent and
enforceable reductions in VOC and NOX emissions resulting
from state measures adopted into the SIP and Federal measures.
In making this demonstration, the state has calculated the change
in emissions between 2014 and 2017. The reduction in emissions and the
corresponding improvement in air quality over this time period can be
attributed to regulatory control measures that Wisconsin and upwind
states have implemented in recent years.\5\ In addition, Wisconsin
provided
[[Page 14613]]
an analysis to demonstrate the improvement in air quality was not due
to unusually favorable meteorology. Based on the information summarized
below, EPA finds that Wisconsin has adequately demonstrated that the
improvement in air quality is due to permanent and enforceable
emissions reductions.
---------------------------------------------------------------------------
\5\ EPA designated the Newport State Park area as a Rural
Transport Area (RTA), which means EPA determined that the
NOX and VOC emissions from sources within the park do not
make a significant contribution to ozone concentrations in the park
itself, or in other areas. Therefore, the permanent and enforceable
precursor emissions reductions required for redesignation must be
from areas outside the park within Wisconsin's control. The
permanent and enforceable emissions reductions detailed in
Wisconsin's redesignation request and discussed in this proposed
action represent statewide reductions from Wisconsin and
specifically from Wisconsin's Green Bay metropolitan area and
Wisconsin's Milwaukee metropolitan area, both of which are upwind of
the park, and which, therefore, have the potential to impact ozone
levels in the park. Additionally, permanent and enforceable
reductions from Chicago, a multi-state metropolitan area upwind of
the park, are listed. The Chicago metropolitan area generally
consists of portions of Wisconsin, Illinois, and Indiana. For its
upwind emissions reduction analysis for the Chicago metropolitan
area, Wisconsin included: Cook, Dekalb, DuPage, Grundy, Kane,
Kendall, Lake McHenry and Will Counties in Illinois; Jasper, Lake,
Porter and Newton Counties in Indiana, and Kenosha County,
Wisconsin.
---------------------------------------------------------------------------
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NOX Controls
CAIR/CSAPR. Under the ``good neighbor provision'' of CAA section
110(a)(2)(D)(i)(I), states are required to address interstate transport
of air pollution. Specifically, the good neighbor provision provides
that each state's SIP must contain provisions prohibiting emissions
from within that state which will contribute significantly to
nonattainment of the NAAQS, or interfere with maintenance of the NAAQS,
in any other state.
On May 12, 2005, EPA published CAIR, which required eastern states,
including Wisconsin, to prohibit emissions consistent with annual and
ozone season NOX budgets and annual sulfur dioxide
(SO2) budgets (70 FR 25152). CAIR addressed the good
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate
matter (PM2.5) NAAQS and was designed to mitigate the impact
of transported NOX emissions, a precursor of both ozone and
PM2.5, as well as transported SO2 emissions,
another precursor of PM2.5. The United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) remanded
CAIR to EPA for replacement in 2008. North Carolina v. EPA, 531 F.3d
896, modified, 550 F.3d 1176 (2008). While EPA worked on developing a
replacement rule, implementation of the CAIR program continued as
planned with the NOX annual and ozone season programs
beginning in 2009 and the SO2 annual program beginning in
2010.
On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's
remand, EPA published CSAPR to replace CAIR and to address the good
neighbor provision for the 1997 ozone NAAQS, the 1997 PM2.5
NAAQS, and the 2006 PM2.5 NAAQS.\6\ Through Federal
Implementation Plans (FIPs), CSAPR required electric generating units
(EGUs) in eastern states, including Wisconsin, to meet annual and ozone
season NOX budgets and annual SO2 budgets
implemented through new trading programs. After delays caused by
litigation, EPA started implementing the CSAPR trading programs in
2015, simultaneously discontinuing administration of the CAIR trading
programs. On October 26, 2016, EPA published the CSAPR Update, which
established, starting in 2017, a new ozone season NOX
trading program for EGUs in eastern states, including Wisconsin, to
address the good neighbor provision for the 2008 ozone NAAQS (81 FR
74504). CSAPR Update is projected to result in a 20% reduction in ozone
season NOX emissions from EGUs in the eastern United States,
a reduction of 80,000 tons in 2017 compared to 2015 levels. The
reduction in NOX emissions from the implementation of CAIR
and then CSAPR occurred during the attainment years, and additional
emission reductions will occur throughout the maintenance period.
---------------------------------------------------------------------------
\6\ In a December 27, 2011 rulemaking, EPA included Wisconsin in
the ozone season NOX program, addressing the 1997 ozone
NAAQS (76 FR 80760).
---------------------------------------------------------------------------
b. Federal Emission Control Measures
Reductions in VOC and NOX emissions have occurred
statewide and in upwind areas as a result of Federal emission control
measures, with additional emission reductions expected to occur in the
future. Federal emission control measures include the following:
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On February 10, 2000 (65 FR 6698), EPA promulgated Tier 2
motor vehicle emission standards and gasoline sulfur control
requirements. These emission control requirements result in lower VOC
and NOX emissions from new cars and light duty trucks,
including sport utility vehicles. With respect to fuels, this rule
required refiners and importers of gasoline to meet lower standards for
sulfur in gasoline, which were phased in between 2004 and 2006. By
2006, refiners were required to meet a 30-ppm average sulfur level,
with a maximum cap of 80 ppm. This reduction in fuel sulfur content
ensures the effectiveness of low emission-control technologies. The
Tier 2 tailpipe standards established in this rule were phased in for
new vehicles between 2004 and 2009. EPA estimates that, when fully
implemented, this rule will cut NOX and VOC emissions from
light-duty vehicles and light-duty trucks by approximately 76% and 28%,
respectively. NOX and VOC reductions from medium-duty
passenger vehicles included as part of the Tier 2 vehicle program are
estimated to be approximately 37,000 and 9,500 tons per year,
respectively, when fully implemented. As projected by these estimates
and demonstrated in the onroad emission modeling for the Newport State
Park area, much of these emission reductions occurred by the attainment
years and additional emission reductions will occur throughout the
maintenance period, as older vehicles are replaced with newer,
compliant model years.
Tier 3 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On April 28, 2014 (79 FR 23414), EPA promulgated Tier 3
motor vehicle emission and fuel standards to reduce both tailpipe and
evaporative emissions and to further reduce the sulfur content in
fuels. The rule will be phased in between 2017 and 2025. Tier 3 sets
new tailpipe standards for the sum of VOC and NOX and for
particulate matter (PM). The VOC and NOX tailpipe standards
for light-duty vehicles represent approximately an 80% reduction from
today's fleet average and a 70% reduction in per-vehicle PM standards.
Heavy-duty tailpipe standards represent about a 60% reduction in both
fleet average VOC and NOX and per-vehicle PM standards. The
evaporative emissions requirements in the rule will result in
approximately a 50% reduction from current standards and apply to all
light-duty and onroad gasoline-powered heavy-duty vehicles. Finally,
the rule lowers the sulfur content of gasoline to an annual average of
10 ppm by January 2017. As projected by these estimates and
demonstrated in the onroad emission modeling for the Newport State Park
area, some of these emission reductions occurred by the attainment
years and additional emission reductions will occur throughout the
maintenance period, as older vehicles are replaced with newer,
compliant model years.
Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for
onroad heavy-duty diesel engines that includes standards limiting the
sulfur content of diesel fuel. Emissions standards for NOX,
VOC and PM were phased in between model years 2007 and 2010. In
[[Page 14614]]
addition, the rule reduced the highway diesel fuel sulfur content to 15
ppm by 2007, leading to additional reductions in combustion
NOX and VOC emissions. EPA has estimated future year
emission reductions due to implementation of this rule. Nationally, EPA
estimated that 2015 NOX and VOC emissions would decrease by
1,260,000 tons and 54,000 tons, respectively. Nationally, EPA estimated
that by 2030 NOX and VOC emissions will decrease by
2,570,000 tons and 115,000 tons, respectively. As projected by these
estimates and demonstrated in the onroad emission modeling for the
Newport State Park area, some of these emission reductions occurred
during the attainment years and additional emission reductions will
occur throughout the maintenance period, as older vehicles are replaced
with newer, compliant model years.
Nonroad Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a
rule adopting emissions standards for nonroad diesel engines and sulfur
reductions in nonroad diesel fuel. This rule applies to diesel engines
used primarily in construction, agricultural, and industrial
applications. Emission standards are phased in for 2008 through 2015
model years based on engine size. The SO2 limits for nonroad
diesel fuels were phased in from 2007 through 2012. EPA estimates that
when fully implemented, compliance with this rule will cut
NOX emissions from these nonroad diesel engines by
approximately 90%. As projected by these estimates and demonstrated in
the nonroad emission modeling for the Newport State Park area, some of
these emission reductions occurred during the attainment years and
additional emission reductions will occur throughout the maintenance
period.
Nonroad Spark-Ignition Engines and Recreational Engine Standards.
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and
recreational marine diesel engines. These emission standards are phased
in from model year 2004 through 2012. When fully implemented, EPA
estimates an overall 72% reduction in VOC emissions from these engines
and an 80% reduction in NOX emissions. As projected by these
estimates and demonstrated in the nonroad emission modeling for the
Newport State Park area, some of these emission reductions occurred by
the attainment years and additional emission reductions will occur
throughout the maintenance period.
Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR
22896) EPA issued emission standards for marine compression-ignition
engines at or above 30 liters per cylinder. Tier 2 emission standards
have applied beginning in 2011 and are expected to result in a 15 to
25% reduction in NOX emissions from these engines. Final
Tier 3 emission standards have applied beginning in 2016 and are
expected to result in approximately an 80% reduction in NOX
from these engines. As projected by these estimates and demonstrated in
the nonroad emission modeling for the Newport State Park area, some of
these emission reductions occurred during the attainment years and
additional emission reductions will occur throughout the maintenance
period.
2. Emission Reductions
Wisconsin is using a 2014 emissions inventory as the nonattainment
year. This is appropriate because it was one of the years used to
designate the area as nonattainment. Wisconsin is using 2017 as the
attainment year, which is appropriate because it is one of the years in
the 2017-2019 period used to demonstrate attainment.
Since the nonattainment area is only inclusive of Wisconsin's
Newport State Park, the area generally has no point, area, or regularly
quantified nonroad emission sources; therefore, Wisconsin prepared an
onroad mobile source inventory for this area. Wisconsin used the
estimated number of vehicles entering the park on a monthly basis,
vehicle miles traveled (VMT) within the park, which has a 1-mile access
road, and EPA's Motor Vehicle Emission Simulator model (MOVES2014b) to
estimate mobile sector emissions in the state park for the years 2014
and 2017.
As mentioned previously, EPA designated the Newport State Park area
as an RTA. Therefore, the permanent and enforceable precursor emissions
reductions required for redesignation must be inclusive of areas
outside the park within Wisconsin's control. The permanent and
enforceable emissions reductions discussed in this proposed action
represent statewide reductions from Wisconsin and specifically from
Wisconsin's Green Bay metropolitan area \7\ and Wisconsin's Milwaukee
metropolitan area,\8\ both of which are upwind of the park and in line
with general wind patterns on exceedance days, and which, therefore,
have the potential to impact ozone levels in the park. Additionally,
permanent and enforceable reductions from Chicago, a multi-state
metropolitan area \9\ upwind of the park, are listed. In developing the
emissions inventory information for these upwind metropolitan areas for
the year 2014, Wisconsin used the 2014 National Emissions Inventory
(NEI) version 2 and the 2014 National Air Toxics Assessment (NATA) for
point, area, onroad, and nonroad sources. For 2017 emissions, Wisconsin
interpolated between the 2016 and 2023 emissions of EPA's 2016 version
1 emissions modeling platform.
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\7\ For its upwind emissions reduction analysis for the Green
Bay metropolitan area, Wisconsin included Brown County, WI.
\8\ For its upwind emissions reduction analysis for the
Milwaukee metropolitan area, Wisconsin included: Ozaukee, Racine,
Waukesha and Washington Counties in Wisconsin.
\9\ The Chicago metropolitan area generally consists of portions
of Wisconsin, Illinois, and Indiana. For its upwind emissions
reduction analysis for the Chicago metropolitan area, Wisconsin
included: Cook, Dekalb, DuPage, Grundy, Kane, Kendall, Lake McHenry
and Will Counties in Illinois; Jasper, Lake, Porter and Newton
Counties in Indiana, and Kenosha County, Wisconsin.
---------------------------------------------------------------------------
The emissions data that Wisconsin used is available in units of
tons per year. Wisconsin expects summer day emissions to be slightly
higher relative to the rest of the year due to increases in VMT and
nonroad activity. Therefore, Wisconsin calculated tons per summer day
(tpsd) by dividing annual emissions for mobile source sectors by 330
rather than 365 days to avoid underestimating mobile source sector
emissions. For the purpose of estimating regional emissions trends from
areas upwind of the Newport State Park nonattainment area, Wisconsin
assumed point and area source facilities operate steadily over 365 days
each year. Therefore, Wisconsin estimated 2014 and 2017 summer day
emissions by dividing the annual emissions for the point and area
sectors by 365 days. EPA finds Wisconsin's methods to be reasonable
given Wisconsin's assumptions regarding emissions activity from the
various source sectors.
Using the inventories described above, Wisconsin documents changes
in VOC and NOX emissions from 2014 to 2017 for the Newport
State Park area as well as for the upwind metropolitan areas described
above, including the Green Bay area, the Milwaukee area, and the
Chicago area. Emissions data are shown in Tables 2 through 6. As shown
in Table 6, overall NOX and VOC emissions declined between
2014 and 2017.
[[Page 14615]]
Table 2--NOX Emissions for Nonattainment Year 2014
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0.00 0.00 0.00 0.00103 0.00103
Green Bay area.................. 15.57 2.63 4.05 11.20 33.46
Milwaukee area.................. 21.06 17.87 28.19 57.74 124.86
Chicago area.................... 156.24 96.68 158.24 311.75 722.92
----------------------------------------------------------------------------------------------------------------
Table 3--VOC Emissions for Nonattainment Year 2014
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0.00 0.00 0.00 0.00052 0.00052
Green Bay area.................. 4.27 8.71 2.91 6.31 22.21
Milwaukee area.................. 9.40 50.40 18.77 31.07 109.64
Chicago area.................... 50.20 240.36 91.62 170.29 552.47
----------------------------------------------------------------------------------------------------------------
Table 4--NOX Emissions for Attainment Year 2017
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0.00 0.00 0.00 0.00063 0.00063
Green Bay area.................. 6.67 2.62 2.79 7.83 19.91
Milwaukee area.................. 17.05 17.78 17.57 34.99 87.39
Chicago area.................... 124.86 96.20 138.44 202.33 561.82
----------------------------------------------------------------------------------------------------------------
Table 5--VOC Emissions for Attainment Year 2017
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0.00 0.00 0.00 0.00040 0.00040
Green Bay area.................. 4.55 8.94 1.72 4.31 19.51
Milwaukee area.................. 9.23 50.69 11.83 18.55 90.30
Chicago area.................... 48.23 241.60 70.54 113.35 473.71
----------------------------------------------------------------------------------------------------------------
Table 6--Change in NOX and VOC Emissions Between 2014 and 2017
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
-----------------------------------------------------------------------------------------------
Net change Net change
2014 2017 (2014-2017) 2014 2017 (2014-2017)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Newport State Park:
Point............................................... 0 0 0 0 0 0
Area................................................ 0 0 0 0 0 0
Nonroad............................................. 0 0 0 0 0 0
Onroad.............................................. 0.00103 0.00063 -0.0004 0.00052 0.0004 -0.00012
-----------------------------------------------------------------------------------------------
Total........................................... 0.00103 0.00063 -0.0004 0.00052 0.0004 -0.00012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Green Bay Area:
Point............................................... 15.57 6.67 -8.90 4.27 4.55 +0.28
Area................................................ 2.63 2.62 -0.01 8.71 8.94 +0.23
Nonroad............................................. 4.05 2.79 -1.26 2.91 1.72 -1.19
Onroad.............................................. 11.2 7.83 -3.37 6.31 4.31 -2.00
-----------------------------------------------------------------------------------------------
Total........................................... 33.46 19.91 -13.55 22.21 19.51 -2.70
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee Area:
Point............................................... 21.06 17.05 -4.01 9.40 9.23 -0.17
Area................................................ 17.87 17.78 -0.09 50.40 50.69 +0.29
Nonroad............................................. 28.19 17.57 -10.62 18.77 11.83 -6.94
Onroad.............................................. 57.74 34.99 -22.75 31.07 18.55 -12.52
-----------------------------------------------------------------------------------------------
[[Page 14616]]
Total........................................... 124.86 87.39 -37.47 109.64 90.3 -19.34
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chicago Area:
Point............................................... 156.24 124.86 -31.38 50.20 48.23 -1.97
Area................................................ 96.68 96.2 -0.48 240.36 241.60 +1.24
Nonroad............................................. 158.24 138.44 -19.80 91.62 70.54 -21.08
Onroad.............................................. 311.75 202.33 -109.42 170.29 113.35 -56.94
-----------------------------------------------------------------------------------------------
Total........................................... 722.92 561.82 -161.10 552.47 473.71 -78.76
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Meteorology
Wisconsin included an analysis to further support its demonstration
that the improvement in air quality between the year violations
occurred and the year attainment was achieved is due to permanent and
enforceable emission reductions and not unusually favorable
meteorology. Ozone formation is a complex process with atmospheric
chemical reactions involving NOX and VOC precursor species.
Moreover, summertime ozone formation tends to be positively correlated
with temperature. Wisconsin therefore examined the relationship between
the average summer temperature and the fourth-highest 8-hour ozone
concentration at the Newport State Park monitor from 1998-2019.
Wisconsin also analyzed the annual fourth-highest 8-hour ozone
concentration at the Newport State Park monitor compared to the number
of days where the maximum temperature was greater than or equal to 80
[deg] Fahrenheit (F). The linear regressions for each data set
demonstrate that the number of days where the maximum temperature was
greater than or equal to 80 [deg]F have increased, while annual fourth-
highest 8-hour ozone concentrations have decreased. Wisconsin's
analysis suggests that the observed long-term decreases in ozone
concentrations including the more recent nonattainment to attainment
year ozone concentrations are due to the permanent and enforceable
reductions in ozone precursor emissions discussed earlier, rather than
from meteorological factors such as unusually cool summer temperatures.
Therefore, EPA finds that Wisconsin has shown that the air quality
improvements in the Newport State Park area are due to permanent and
enforceable emissions reductions.
D. Does Wisconsin have a fully approvable ozone maintenance plan for
the Newport State Park area?
As one of the criteria for redesignation to attainment section
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has
a fully approved maintenance plan pursuant to section 175A of the CAA.
Section 175A of the CAA sets forth the elements of a maintenance plan
for areas seeking redesignation from nonattainment to attainment. Under
section 175A, the maintenance plan must demonstrate continued
attainment of the NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment of the NAAQS will continue for an
additional 10 years beyond the initial 10-year maintenance period. To
address the possibility of future NAAQS violations, the maintenance
plan must contain contingency measures, as EPA deems necessary, to
assure prompt correction of the future NAAQS violation.
The Calcagni Memorandum provides further guidance on the content of
a maintenance plan, explaining that a maintenance plan should address
five elements: (1) An attainment emissions inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a process for verification of continued attainment; and (5) a
contingency plan. In conjunction with its request to redesignate the
Newport State Park area to attainment for the 2015 ozone NAAQS,
Wisconsin submitted a SIP revision to provide for maintenance of the
2015 ozone NAAQS through 2030, more than 10 years after the expected
effective date of the redesignation to attainment. As discussed below,
EPA proposes to find that Wisconsin's ozone maintenance plan includes
the necessary components and to approve the maintenance plan as a
revision of the Wisconsin SIP.
1. Attainment Inventory
EPA is proposing to determine that the Newport State Park area has
attained the 2015 ozone NAAQS based on monitoring data for the period
of 2017-2019. Wisconsin selected 2017 as the attainment emissions
inventory year to establish attainment emission levels for VOC and
NOX. Attainment emissions inventories identify the levels of
emissions in the nonattainment area that are sufficient to attain the
NAAQS. As mentioned previously, EPA designated Newport State Park as an
RTA. As such, Wisconsin included an attainment emissions inventory for
the nonattainment area and additionally provided information about
attainment year emissions for upwind metropolitan areas that have the
potential to influence ozone levels in the RTA. The derivation of the
attainment year emissions for these areas is discussed above in section
IV.C.2. of this proposed rule. The attainment level emissions, by
source category, are summarized in Tables 4 and 5, above.
2. Has the state documented maintenance of the ozone standard in the
area?
Wisconsin has demonstrated maintenance of the 2015 ozone NAAQS
through 2030 by ensuring that current and future emissions of VOC and
NOX for the Newport State Park RTA remain at or below
attainment year emission levels and, additionally, that upwind areas
within Wisconsin's control having the potential to influence ozone
levels in the RTA, including the Green Bay metropolitan area, the
Milwaukee metropolitan area, and the Chicago metropolitan area, a
portion of which is within Wisconsin, remain at or below attainment
year emission levels. A maintenance demonstration need not be
[[Page 14617]]
based on modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001),
Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR
53094, 53099-53100 (October 19, 2001), 68 FR 25413, 25430-25432 (May
12, 2003).
Wisconsin is using emissions inventories for the years 2023 and
2030 to demonstrate maintenance. 2030 is more than 10 years after the
expected effective date of the redesignation to attainment and 2023 was
selected to demonstrate that emissions are not expected to spike in the
interim between the attainment year and the final maintenance year. The
emissions inventories were developed as described below.
Wisconsin used EPA's 2016 Emissions Modeling Platform, Version 1,
which includes base year 2016 emissions and emissions projections for
the years 2023 and 2028. Wisconsin estimated 2030 emissions by
extrapolating EPA's 2023 and 2028 emissions projections. Wisconsin used
the same methodology to convert annual tons to tpsd for the 2023 and
2030 emissions projections as it used for the 2014 and 2017 inventory
estimates. Thus, Wisconsin derived 2023 and 2030 summer day emissions
by dividing the annual emissions for the point and area sectors by 365
days and the mobile sectors by 330. Interim and future year emissions
estimates are shown in Tables 7 through 11 below.
Table 7--NOX Emissions for Interim Maintenance Year 2023
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0 0 0 0.00032 0.00032
Green Bay area.................. 5.56 2.58 2.15 3.82 14.11
Milwaukee area.................. 18.07 17.40 14.32 17.49 67.28
Chicago area.................... 101.44 93.29 118.29 108.40 421.41
----------------------------------------------------------------------------------------------------------------
Table 8--VOC Emissions for Interim Maintenance Year 2023
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0 0 0 0.00027 0.00027
Green Bay area.................. 4.53 9.15 1.49 2.72 17.91
Milwaukee area.................. 9.78 51.06 10.88 12.16 83.87
Chicago area.................... 46.75 245.30 65.28 72.56 429.90
----------------------------------------------------------------------------------------------------------------
Table 9--NOX Emissions for Maintenance Year 2030
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0 0 0 0.00016 0.00016
Green Bay area.................. 5.61 2.56 1.48 1.86 11.51
Milwaukee area.................. 17.90 17.11 13.31 10.17 58.48
Chicago area.................... 101.84 89.52 113.96 69.03 374.35
----------------------------------------------------------------------------------------------------------------
Table 10--VOC Emissions for Maintenance Year 2030
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0 0 0 0.00019 0.00019
Green Bay area.................. 4.54 9.38 1.41 1.97 17.30
Milwaukee area.................. 9.76 51.43 10.82 8.68 80.69
Chicago area.................... 46.45 249.4 66.68 49.96 412.50
----------------------------------------------------------------------------------------------------------------
Table 11--Change in NOX and VOC Emissions Between 2017 and 2030
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
---------------------------------------------------------------------------------------------------
Net change Net change
2017 2023 2030 (2017-2030) 2017 2023 2030 (2017-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Newport State Park, Door County, Wisconsin:
Point........................................... 0 0 0 0 0 0 0 0
Area............................................ 0 0 0 0 0 0 0 0
Nonroad......................................... 0 0 0 0 0 0 0 0
Onroad.......................................... 6.3E-4 3.2E-4 1.6E-4 -4.7E-4 4.0E-4 2.7 E-4 1.9E-4 -2.1E-4
---------------------------------------------------------------------------------------------------
Total....................................... 6.3E-4 3.2E-4 1.6E-4 -4.7E-4 4.0E-4 2.7 E-4 1.9E-4 -2.1E-4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Green Bay Wisconsin Metropolitan Area:
Point........................................... 6.67 5.56 5.61 -1.06 4.55 4.53 4.54 -0.01
[[Page 14618]]
Area............................................ 2.62 2.58 2.56 -0.06 8.94 9.15 9.38 +0.44
Nonroad......................................... 2.79 2.15 1.48 -1.31 1.72 1.49 1.41 -0.31
Onroad.......................................... 7.83 3.82 1.86 -5.97 4.31 2.72 1.97 -2.34
---------------------------------------------------------------------------------------------------
Total....................................... 19.91 14.11 11.51 -8.40 19.51 17.91 17.30 -2.21
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee Wisconsin Metropolitan Area:
Point........................................... 17.05 18.07 17.90 +0.85 9.23 9.78 9.76 +0.53
Area............................................ 17.78 17.40 17.11 -0.67 50.69 51.06 51.43 +0.74
Nonroad......................................... 17.57 14.32 13.31 -4.26 11.83 10.88 10.82 -1.01
Onroad.......................................... 34.99 17.49 10.17 -24.82 18.55 12.16 8.68 -9.87
---------------------------------------------------------------------------------------------------
Total....................................... 87.39 67.28 58.48 -28.91 90.30 83.87 80.69 -9.61
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chicago Metropolitan Area:
Point........................................... 124.86 101.44 101.84 -23.02 48.23 46.75 46.45 -1.78
Area............................................ 96.20 93.29 89.52 -6.68 241.60 245.30 249.40 +7.78
Nonroad......................................... 138.44 118.29 113.96 -24.48 70.54 65.28 66.68 -3.86
Onroad.......................................... 202.33 108.40 69.03 -133.30 113.35 72.56 49.96 -63.39
---------------------------------------------------------------------------------------------------
Total....................................... 561.82 421.41 374.35 -187.50 473.71 429.90 412.50 -61.25
--------------------------------------------------------------------------------------------------------------------------------------------------------
In summary, Wisconsin's maintenance demonstration for the RTA shows
maintenance of the 2015 ozone NAAQS by providing emissions information
to support the demonstration that future emissions of NOX
and VOC will remain at or below 2017 emission levels when taking into
account both future source growth and implementation of future
controls. Table 11 shows NOX and VOC emissions are projected
to decrease between 2017 and 2030.
3. Continued Air Quality Monitoring
Wisconsin has committed to continue to operate the ozone monitor
listed in Table 1 above. Wisconsin has committed to consult with EPA
prior to making changes to the existing monitoring network should
changes become necessary in the future. Wisconsin remains obligated to
meet monitoring requirements and to continue to quality assure
monitoring data in accordance with 40 CFR part 58, and to enter all
data into the AQS in accordance with Federal guidelines.
4. Verification of Continued Attainment
Wisconsin has confirmed that it has the legal authority to enforce
and implement the requirements of the maintenance plan for the Newport
State Park area. This includes the authority to adopt, implement, and
enforce any subsequent statewide and/or area-specific emission control
measures determined to be necessary to correct future ozone attainment
problems.
Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
update of relevant emissions inventories. Wisconsin will continue to
operate the current ozone monitor located in the Newport State Park
area. There are no plans to discontinue operation, relocate, or
otherwise change the existing ozone monitoring network other than
through revisions in the network approved by the EPA.
To track future levels of emissions, Wisconsin will continue to
develop and submit to EPA updated emission inventories for the RTA and
upwind areas in Wisconsin at least once every three years, consistent
with the requirements of 40 CFR part 51, subpart A, and in 40 CFR
51.122. The Consolidated Emissions Reporting Rule (CERR) was
promulgated by EPA on June 10, 2002 (67 FR 39602). The CERR was
replaced by the Annual Emissions Reporting Requirements (AERR) on
December 17, 2008 (73 FR 76539). The most recent triennial inventory
for Wisconsin was compiled for 2014, and 2017 is in progress. Point
source facilities covered by Wisconsin's emission statement rule,
Chapter NR 438 of the Wisconsin Administrative Code, will continue to
submit VOC and NOX emissions on an annual basis.
5. What is the contingency plan for the area?
Section 175A of the CAA requires the state to adopt a maintenance
plan, as a SIP revision, that includes such contingency measures as EPA
deems necessary to assure that the state will promptly correct a
violation of the NAAQS that occurs after redesignation of the area to
attainment of the NAAQS. The maintenance plan must identify: The
contingency measures to be considered and, if needed for maintenance,
adopted and implemented; a schedule and procedure for adoption and
implementation; and a time limit for action by the state. The state
should also identify specific indicators to be used to determine when
the contingency measures need to be considered, adopted, and
implemented. The maintenance plan must include a commitment that the
state will implement all measures with respect to the control of the
pollutant that were contained in the SIP before redesignation of the
area to attainment in accordance with section 175A(d) of the CAA.
As required by section 175A of the CAA, Wisconsin has adopted a
maintenance plan for the Newport State Park area to address possible
future ozone air quality problems. The maintenance plan adopted by
Wisconsin has two levels of response, a warning level response and an
action level response.
In Wisconsin's plan, a warning level response will be triggered
when an annual fourth high monitored value of 0.070 ppm or higher is
monitored within the maintenance area. A warning level response will
consist of Wisconsin conducting a study to determine whether the ozone
value indicates a trend toward higher ozone values and whether
emissions appear to be increasing. The study will evaluate whether the
trend, if any, is likely to continue and, if so, the control measures
necessary to reverse the trend. The study will be completed no later
than
[[Page 14619]]
May 1st of the year after the ozone season in which the exceedance is
detected.
In Wisconsin's plan, a violation of the 2015 ozone NAAQS within the
maintenance area triggers an action level response. When an action
level response is triggered, Wisconsin will determine what additional
control measures are needed to ensure future attainment of the 2015
ozone NAAQS. Control measures selected will be adopted and implemented
within 18 months from the close of the ozone season that prompted the
action level. Wisconsin may also consider if significant new
regulations not currently included as part of the maintenance
provisions will be implemented in a timely manner and would thus
constitute an adequate contingency measure response.
Wisconsin included the following list of potential contingency
measures in its maintenance plan:
1. Anti-idling control program for mobile sources, targeting diesel
vehicles;
2. Diesel exhaust retrofits;
3. Traffic flow improvements;
4. Park and ride facilities;
5. Rideshare/carpool program; and
6. Expansion of the vehicle emissions testing program.
To qualify as a contingency measure, emissions reductions from that
measure must not be factored into the emissions projections used in the
maintenance plan.
EPA has concluded that Wisconsin's maintenance plan adequately
addresses the five basic components of a maintenance plan: Attainment
inventory, maintenance demonstration, monitoring network, verification
of continued attainment, and a contingency plan. In addition, as
required by section 175A(b) of the CAA, Wisconsin has committed to
submit to EPA an updated ozone maintenance plan eight years after
redesignation of the area to cover an additional ten years beyond the
initial 10-year maintenance period. Thus, EPA finds that the
maintenance plan SIP revision submitted by Wisconsin for the Newport
State Park RTA meets the requirements of section 175A of the CAA and
EPA proposes to approve it as a revision to the Wisconsin SIP.
V. Has the state adopted approvable motor vehicle emission budgets?
A. Motor Vehicle Emission Budgets
Under section 176(c) of the CAA, new transportation plans,
programs, or projects that receive Federal funding or support, such as
the construction of new highways, must ``conform'' to (i.e., be
consistent with) the SIP. Conformity to the SIP means that
transportation activities will not cause new air quality violations,
worsen existing air quality problems, or delay timely attainment of the
NAAQS or interim air quality milestones. Regulations at 40 CFR part 93
set forth EPA policy, criteria, and procedures for demonstrating and
assuring conformity of transportation activities to a SIP.
Transportation conformity is a requirement for nonattainment and
maintenance areas. Maintenance areas are areas that were previously
nonattainment for a particular NAAQS, but that have been redesignated
to attainment with an approved maintenance plan for the NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs for nonattainment areas and maintenance plans for
areas seeking redesignations to attainment of the ozone standard and
maintenance areas. See the SIP requirements for the 2015 ozone NAAQS in
EPA's December 6, 2018 implementation rule (83 FR 62998). These control
strategy SIPs (including reasonable further progress plans and
attainment plans) and maintenance plans must include MVEBs for criteria
pollutants, including ozone, and their precursor pollutants (VOC and
NOX for ozone) to address pollution from onroad
transportation sources. The MVEBs are the portion of the total
allowable emissions that are allocated to highway and transit vehicle
use that, together with emissions from other sources in the area, will
provide for attainment or maintenance. See 40 CFR 93.101.
Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment must be established, at minimum, for the last year of the
maintenance plan. A state may adopt MVEBs for other years as well. The
MVEB serves as a ceiling on emissions from an area's planned
transportation system. The MVEB concept is further explained in the
preamble to the November 24, 1993, Transportation Conformity Rule (58
FR 62188). The preamble also describes how to establish the MVEB in the
SIP and how to revise the MVEB, if needed, subsequent to initially
establishing a MVEB in the SIP.
B. What is the status of EPA's adequacy determination for the proposed
VOC and NOX MVEBs for the Newport State Park area?
When reviewing submitted control strategy SIPs or maintenance plans
containing MVEBs, EPA must affirmatively find that the MVEBs contained
therein are adequate for use in determining transportation conformity.
Once EPA affirmatively finds that the submitted MVEBs are adequate for
transportation purposes, the MVEBs must be used by state and Federal
agencies in determining whether proposed transportation projects
conform to the SIP as required by section 176(c) of the CAA.
EPA's substantive criteria for determining adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: Public notification of a SIP submission;
provision for a public comment period; and EPA's adequacy
determination. This process for determining the adequacy of submitted
MVEBs for transportation conformity purposes was initially outlined in
EPA's May 14, 1999 guidance, ``Conformity Guidance on Implementation of
March 2, 1999, Conformity Court Decision.'' EPA adopted regulations to
codify the adequacy process in the Transportation Conformity Rule
Amendments for the ``New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule Amendments--Response to Court
Decision and Additional Rule Change,'' on July 1, 2004 (69 FR 40004).
Additional information on the adequacy process for transportation
conformity purposes is available in the proposed rule titled,
``Transportation Conformity Rule Amendments: Response to Court Decision
and Additional Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, Wisconsin's maintenance plan includes
NOX and VOC MVEBs for the Newport State Park area for 2030
and 2023, the last year of the maintenance period and an interim year,
respectively. EPA has reviewed Wisconsin's VOC and NOX MVEBs
for the Newport State Park RTA and, in this action, is proposing to
find them adequate for approval into the Wisconsin SIP. Wisconsin's
January 27, 2020 maintenance plan SIP submission, including the VOC and
NOX MVEBs for the Newport State Park area, is open for
public comment via this proposed rulemaking. The submitted maintenance
plan, which includes the MVEBs, was endorsed by the Governor's designee
and was subject to a state public hearing. The MVEBs were developed as
part of an interagency consultation process which includes Federal,
state, and local agencies. The MVEBs were clearly identified and
precisely quantified. These MVEBs, when considered together with all
other
[[Page 14620]]
emissions sources, are consistent with maintenance of the 2015 ozone
NAAQS.
Table 12--MVEBs for Newport State Park Area
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Attainment 2023 2023 mobile 2030 2030 mobile
year 2017 estimated safety margin estimated safety margin
onroad onroad allocation 2023 MVEBs onroad allocation 2030 MVEBs
emissions emissions (percent) emissions (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC..................................... 0.00040 0.00024 15 0.00027 0.00017 15 0.00019
NOX..................................... 0.00063 0.00028 15 0.00032 0.00014 15 0.00016
--------------------------------------------------------------------------------------------------------------------------------------------------------
As shown in Table 12, the 2023 and 2030 MVEBs exceed the estimated
2023 and 2030 onroad sector emissions. To accommodate future variations
in travel demand models and VMT forecast, Wisconsin allocated a portion
of the safety margin (described further below) to the mobile sector.
Wisconsin has demonstrated that with mobile source emissions at or
below 0.00027 TPSD and 0.00019 TPSD of VOC and 0.00032 TPSD and 0.00016
TPSD of NOX in 2023 and 2030, respectively, including
partial allocation of the safety margin, emissions will remain under
attainment year emission levels. EPA finds adequate and is proposing to
approve the MVEBs for use to determine transportation conformity in the
area, because EPA has determined that the area can maintain attainment
of the 2015 ozone NAAQS for the relevant maintenance period with mobile
source emissions at the levels of the MVEBs in conjunction with the
levels of the projected emissions inventories for the upwind areas
discussed above.
C. What is a safety margin?
A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. As noted in Table 11, the
emissions in the Newport State Park area are projected to have safety
margins of 0.00047 TPSD for NOX and 0.00021 TPSD for VOC in
2030 (the difference between the attainment year, 2017, emissions and
the projected 2030 emissions for all sources in the area). Similarly,
there is a safety margin of 0.00031 TPSD for NOX and 0.00013
TPSD for VOC in 2023. Even if emissions exceeded projected levels by
the full amount of the safety margin, the area would still demonstrate
maintenance since emission levels would equal those in the attainment
year.
As shown in Table 12 above, Wisconsin is allocating a portion of
that safety margin to the mobile source sector. Specifically, in 2023,
Wisconsin is allocating 0.00003 TPSD and 0.00004 TPSD of the VOC and
NOX safety margins, respectively. In 2030, Wisconsin is
allocating 0.00002 TPSD and 0.00002 TPSD of the VOC and NOX
safety margins, respectively. Wisconsin is not requesting allocation to
the MVEBs of the entire available safety margins reflected in the
demonstration of maintenance. In fact, the amount allocated to the
MVEBs represents only a small portion of the 2023 and 2030 safety
margins. Therefore, even though the state is requesting MVEBs that
exceed the projected onroad mobile source emissions for 2023 and 2030
contained in the demonstration of maintenance, the permissible level of
onroad mobile source emissions that can be considered for
transportation conformity purposes is well within the safety margins of
the ozone maintenance demonstration. Once allocated to mobile sources,
these safety margins will not be available for use by other sources.
Further, the Newport State Park area is an RTA. Therefore, in addition
to the MVEBs, the estimated upwind emissions reductions throughout the
maintenance period, which are described above, are also important for
maintaining the 2015 ozone NAAQS in this area throughout the 10-year
maintenance period.
VI. Proposed Actions
EPA is proposing to change the legal designation of the Newport
State Park area from nonattainment to attainment for the 2015 ozone
NAAQS. EPA is also proposing to approve, as a revision to the Wisconsin
SIP, the state's maintenance plan for the area. The maintenance plan is
designed to keep the Newport State Park area in attainment of the 2015
ozone NAAQS through 2030. Finally, EPA finds adequate and therefore
proposes to approve the newly-established 2023 and 2030 MVEBs for the
Newport State Park area.
VII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, 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 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
[[Page 14621]]
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, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: February 28, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
[FR Doc. 2020-05007 Filed 3-12-20; 8:45 am]
BILLING CODE 6560-50-P
