Air Plan Approval; Wisconsin; Redesignation of the Inland Sheboygan, WI Area to Attainment of the 2008 Ozone Standards, 23274-23287 [2020-08403]
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imposed by state law. For that reason,
this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• 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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
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Authority: 42 U.S.C. 7401 et seq.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020–08500 Filed 4–24–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2019–0557; FRL–10008–
33–Region 5]
Air Plan Approval; Wisconsin;
Redesignation of the Inland
Sheboygan, WI Area to Attainment of
the 2008 Ozone Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to find that
the Inland Sheboygan County,
Wisconsin area is attaining the 2008
primary and secondary ozone National
Ambient Air Quality Standards
(NAAQS), and to act in accordance with
a request from the Wisconsin
Department of Natural Resources
(WDNR) to redesignate the area to
attainment for the 2008 ozone NAAQS
because the request meets the statutory
requirements for redesignation under
the Clean Air Act (CAA). WDNR
submitted this request on October 9,
2019. EPA is proposing to approve, as
a revision to the Wisconsin State
Implementation Plan (SIP), the State’s
plan for maintaining the 2008 ozone
NAAQS through 2030 in the Inland
Sheboygan area. EPA finds adequate
and is proposing to approve Wisconsin’s
2020 and 2030 volatile organic
compound (VOC) and oxides of nitrogen
(NOX) Motor Vehicle Emission Budgets
(MVEBs) for the Inland Sheboygan area.
Finally, EPA is proposing to approve the
Wisconsin SIP as meeting the applicable
base year inventory requirement,
emission statement requirements, VOC
Reasonably Available Control
Technology (RACT) requirements,
motor vehicle inspection and
maintenance (I/M) program
requirements, and NOX RACT
requirements.
DATES: Comments must be received on
or before May 27, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2019–0557 at https://
www.regulations.gov, or via email to
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
SUMMARY:
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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: Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–4489,
svingen.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What is 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 for the 2008 ozone
NAAQS?
V. Has the state adopted approvable motor
vehicle emission budgets?
VI. Base year emissions inventory.
VII. Emissions statement.
VIII. Motor vehicle I/M.
IX. VOC RACT.
X. NOX RACT.
XI. What is EPA’s analysis of Wisconsin’s
redesignation request for the 1997 ozone
NAAQS?
XII. What Action is EPA Taking?
XIII. 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 Inland Sheboygan
nonattainment area is attaining the 2008
ozone NAAQS, based on quality-assured
and certified monitoring data for 2017–
2019, and that the Inland Sheboygan
area has met the requirements for
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redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus proposing to
change the legal designation of the
Inland Sheboygan area from
nonattainment to attainment for the
2008 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 Inland Sheboygan area in attainment
of the 2008 ozone NAAQS through
2030. EPA is also proposing to approve,
as revisions to the Wisconsin SIP, the
State’s 2011 base year emissions
inventory, emission statement
certification, VOC RACT requirements,
motor vehicle I/M certification, and
NOX RACT certification. EPA also finds
adequate and is proposing to approve
the newly established 2020 and 2030
MVEBs for the Inland Sheboygan area.
II. What is the background for these
actions?
EPA has determined that ground-level
ozone is detrimental to human health.
On July 18, 1997, EPA revised the
former 1-hour ozone primary and
secondary standards and replaced them
with 8-hour standards at a level of 0.08
parts per million (ppm) (40 CFR 50.10).
On March 27, 2008, EPA further revised
the 8-hour ozone NAAQS by lowering
the level of the primary and secondary
standards from 0.08 ppm to 0.075 ppm
(40 CFR 50.15).
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. On April 30,
2004 (69 FR 23858) and May 21, 2012
(77 FR 30088), EPA designated the
entirety of Sheboygan County in
Wisconsin as nonattainment for the
1997 ozone NAAQS and 2008 ozone
NAAQS, respectively.
On March 1, 2011, EPA determined
that the Sheboygan nonattainment area
had attained the 1997 ozone NAAQS (76
FR 11080). Since that determination, the
area has continued to attain the 1997
ozone NAAQS, and the area retains its
Moderate classification. On December
19, 2016, EPA reclassified the
Sheboygan nonattainment area for the
2008 ozone NAAQS as Moderate with
an attainment date of July 20, 2018 (81
FR 91841).
On July 15, 2019, EPA revised the
designation for the Sheboygan
nonattainment area for the 1997 ozone
NAAQS and 2008 ozone NAAQS, by
splitting the original area into two
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distinct nonattainment areas that
together cover the identical geographic
area of the original nonattainment area
(84 FR 33699).1 One of the separate
areas, called the Shoreline Sheboygan
County, WI nonattainment area, consists
of the eastern portion of the original
area, including the Sheboygan KohlerAndrae monitor. The other separate
area, called the Inland Sheboygan
County, WI nonattainment area, consists
of the western portion of the original
area, including the Sheboygan Haven
monitor. On August 23, 2019, EPA
determined that the Inland Sheboygan
area and Shoreline Sheboygan area
qualified for one-year attainment date
extensions for the 2008 ozone NAAQS
to July 20, 2019 (84 FR 44238).
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 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;
1 In this proposed rule, EPA is not reopening for
public comment our final July 15, 2019, action to
split the original Sheboygan nonattainment area
into two distinct nonattainment areas.
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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 for
the 2008 ozone NAAQS?
A. Has the Inland Sheboygan area
attained the 2008 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 2008 ozone NAAQS as
determined in accordance with 40 CFR
50.15 and appendix P 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 0.075
ppm. The air quality data must be
collected and quality-assured in
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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
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 2.3 of
appendix P to 40 CFR part 50.
EPA has reviewed the available ozone
monitoring data from the Sheboygan
Haven monitor, which is the only
monitoring site in the Inland Sheboygan
area. These data are from the 3-year
period from 2017–2019, which is the
most recent 3-year period available.
These data have been quality assured,
are recorded in the AQS, and have been
certified. These data demonstrate that
the Inland Sheboygan area is attaining
the 2008 ozone NAAQS. The annual
fourth-highest 8-hour ozone
concentrations and the 3-year average of
these concentrations (monitoring site
ozone design value) for the monitoring
site are summarized in Table 1.
TABLE 1—ANNUAL FOURTH-HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGE OF THE
FOURTH-HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE INLAND SHEBOYGAN AREA
Area
Monitor
Inland Sheboygan County, WI ..........
Sheboygan Haven (55–117–0009) ..
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The Inland Sheboygan area’s 3-year
ozone design value for 2017–2019 is
0.066 ppm, which meets the 2008 ozone
NAAQS. Therefore, in this action, EPA
proposes to determine that the Inland
Sheboygan area is attaining the 2008
ozone NAAQS.
EPA will not take final action to
determine that the Inland Sheboygan
area is attaining the NAAQS nor to
approve the redesignation of this area if
the design value of a monitoring site in
the area violates the NAAQS after
proposal but prior to final approval of
the redesignation. Preliminary 2020 data
to date indicate that this area continues
to attain the 2008 ozone NAAQS. As
discussed in section IV.D.3. below,
WDNR has committed to continue
monitoring ozone in this area to verify
maintenance of the 2008 ozone NAAQS.
Percent
observed
Year
2017
2018
2019
B. Has Wisconsin met all applicable
requirements of section 110 and part D
of the CAA for the Inland Sheboygan
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). We
are proposing to determine that
Wisconsin has met all currently
applicable SIP requirements for
purposes of redesignation of the Inland
Sheboygan area to attainment of the
2008 ozone standard under section 110
and part D of the CAA, in accordance
with section 107(d)(3)(E)(v).
Additionally, with the exception of the
base year emissions inventory
requirement of section 182(a)(1) of the
CAA, the emissions statement
requirement of section 182(a)(3)(B) of
the CAA, the VOC RACT requirements
of section 182(b)(2) of the CAA, the I/
M requirements of section 182(b)(4) of
the CAA, and the NOX RACT
requirements of section 182(f) of the
CAA, EPA finds that all applicable
requirements of the Wisconsin SIP for
the area, for purposes of redesignation,
have been fully approved under section
110(k) of the CAA. As discussed in
sections VI. through X. below, EPA is
proposing to approve Wisconsin’s base
year emissions inventory, emissions
statement, motor vehicle I/M, VOC
RACT, and NOX RACT SIP submissions
as meeting the Moderate RACT
requirements of section 182(b)(2) of the
CAA for the Inland Sheboygan area
under the 2008 ozone NAAQS. Upon
final approval of these SIP elements, all
applicable requirements of the
Wisconsin SIP for the area will have
been fully approved under section
110(k) of the CAA.
In making these determinations, EPA
ascertained which CAA requirements
are applicable to the Inland Sheboygan
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
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).
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100
100
100
Fourth-highest
(ppm)
0.070
0.070
0.059
2017–2019
average
(ppm)
0.066
with respect to currently applicable
requirements of the CAA.
The September 4, 1992 Calcagni
memorandum (see ‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division,
September 4, 1992) 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).
Since EPA is proposing to determine
that the Inland Sheboygan area has
attained the 2008 ozone standard, under
40 CFR 51.1118, if that determination is
finalized, the requirements to submit
certain planning SIPs related to
attainment, including attainment
demonstration requirements (the
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Reasonably Available Control Measures
(RACM) requirement of section 172(c)(1)
of the CAA, the Reasonable Further
Progress (RFP) and attainment
demonstration requirements of sections
172(c)(2) and (6) and 182(b)(1) of the
CAA, and the requirement for
contingency measures of section
172(c)(9) of the CAA) would not be
applicable to the area as long as it
continues to attain the NAAQS and
would cease to apply upon
redesignation. In addition, in the
context of redesignations, EPA has
interpreted requirements related to
attainment as not applicable for
purposes of redesignation. For example,
in the General Preamble EPA stated that:
The section 172(c)(9) requirements are
directed at ensuring RFP and attainment
by the applicable date. These
requirements no longer apply when an
area has attained the standard and is
eligible for redesignation. Furthermore,
section 175A for maintenance plans
provides specific requirements for
contingency measures that effectively
supersede the requirements of section
172(c)(9) for these areas. ‘‘General
Preamble for the Interpretation of Title
I of the Clean Air Act Amendments of
1990,’’ (General Preamble) 57 FR 13498,
13564 (April 16, 1992).
See also Calcagni memorandum at 6
(‘‘The requirements for reasonable
further progress and other measures
needed for attainment will not apply for
redesignations because they only have
meaning for areas not attaining the
standard.’’).
1. Wisconsin Has Met All Applicable
Requirements of Section 110 and Part D
of the CAA Applicable to the Inland
Sheboygan Area for Purposes of
Redesignation
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a. Section 110 General Requirements for
Implementation Plans
Section 110(a)(2) of the CAA
delineates 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
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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., the NOX SIP call, the
Clean 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
2008 ozone NAAQS. The section 110
and part D requirements that 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
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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 have 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
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 Inland Sheboygan area was
initially classified as Marginal and then
reclassified as Moderate under subpart 2
for the 2008 ozone NAAQS. As such,
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 sections
182(a) and (b) (Marginal and Moderate
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.
Section 172(c)(1) requires the plans
for all nonattainment areas to provide
for the implementation of all RACM as
expeditiously as practicable and to
provide for attainment of the primary
NAAQS. Under this requirement, a state
must consider all available control
measures, including reductions that are
available from adopting RACT on
existing sources. Because attainment has
been reached in the Inland Sheboygan
area, no additional measures are needed
to provide for attainment and section
172(c)(1) requirements are no longer
considered to be applicable, as long as
the area continues to attain the standard
until redesignation. See 40 CFR 51.1118.
3 EPA has previously approved provisions of the
Wisconsin SIP addressing section 110 elements
under the 2008 ozone NAAQS at 80 FR 54725
(September 11, 2015), 81 FR 3334 (January 21,
2016), 81 FR 53309 (August 12, 2016), and 82 FR
9515 (February 7, 2017).
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The RFP requirement under section
172(c)(2) is defined as progress that
must be made toward attainment.
Because attainment has been reached,
no additional measures are needed to
provide for attainment.
Section 172(c)(3) requires submission
and approval of a comprehensive,
accurate and current inventory of actual
emissions. This requirement is
superseded by the inventory
requirement in section 182(a)(1)
discussed below.
Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified stationary sources in an area,
and section 172(c)(5) requires source
permits for the construction and
operation of new and modified major
stationary sources anywhere in the
nonattainment area. EPA approved
Wisconsin’s NSR program on October 6,
2014 (79 FR 160064) and February 7,
2017 (82 FR 9515). However, EPA has
determined that, since PSD
requirements will apply after
redesignation, areas being redesignated
need not comply with the requirement
that a 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
Inland Sheboygan area will be able to
maintain the standard 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 Inland
Sheboygan area upon redesignation to
attainment. EPA approved Wisconsin’s
PSD program on January 22, 2003 (68
FR 2909) and February 25, 2010 (75 FR
8496).
Section 172(c)(6) requires the SIP to
contain control measures necessary to
provide for attainment of the NAAQS.
Because attainment has been reached,
no additional measures are needed to
provide for attainment.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
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section 110(a)(2). As noted above, we
believe the Wisconsin SIP meets the
requirements of section 110(a)(2) for
purposes of redesignation.
Section 172(c)(9) requires the SIP to
provide for the implementation of
contingency measures if the area fails to
make reasonably further progress or to
attain the NAAQS by the attainment
deadline. With respect to contingency
measures for failure to attain the
NAAQS by the attainment deadline, this
requirement is not relevant for purposes
of redesignation because the Inland
Sheboygan area has demonstrated
monitored attainment of the 2008 ozone
NAAQS. (General Preamble, 57 FR
13564). See also 40 CFR 51.1118.
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 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.4 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 Inland Sheboygan area. See
79 FR 10995 (February 27, 2014).
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) and (b)
Requirements
Section 182(a)(1) requires states to
submit a comprehensive, accurate, and
current inventory of actual emissions
from sources of VOC and NOX emitted
within the boundaries of the ozone
nonattainment area. EPA approved
Wisconsin’s base year emissions
inventory for the entirety of Sheboygan
County on March 7, 2016 (81 FR 11673).
In its October 9, 2019 submittal, WDNR
requested that EPA replace the
previously approved 2011 inventory for
all of Sheboygan County with a 2011
base year emissions inventory for the
Inland Sheboygan area. This inventory
is discussed below in section IV.C.2.
and VI. of this proposed rule. EPA is
proposing to approve the inventory for
the Inland Sheboygan area for the 2011
nonattainment year as meeting the
section 182(a)(1) base year inventory
requirement.
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 RACT rules that were
required under section 172(b)(3) prior to
the 1990 CAA amendments. The Inland
Sheboygan area is not subject to the
section 182(a)(2) RACT ‘‘fix up’’
requirement for the 2008 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
Inland Sheboygan 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 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 already in the SIP at the
time of the CAA amendments,
whichever is more stringent. For the
purposes of the 2008 ozone standard
and the consideration of Wisconsin’s
redesignation request for this standard,
the Inland Sheboygan area is not subject
to the section 182(a)(2)(B) requirement
because the area was designated as
nonattainment for the 2008 ozone
standard after the enactment of the 1990
CAA amendments and because
Wisconsin complied with this
requirement for the Inland Sheboygan
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area under the prior 1-hour ozone
NAAQS.
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. With regard to stationary
source emission statements, EPA
approved Wisconsin’s emission
reporting program as satisfying the CAA
emission statement requirement on
December 6, 1993 (58 FR 64155). In a
September 25, 2017 SIP submittal,
WDNR certified that this approved SIP
regulation remains in place and remain
enforceable for the 2008 ozone standard.
As discussed in section VII., below, EPA
is proposing to approve Wisconsin’s
emission statement certification SIP as
meeting the section 182(a)(3)(B)
requirements of the CAA for the Inland
Sheboygan area for the 2008 ozone
NAAQS.
Section 182(b)(1) requires the
submission of an attainment
demonstration and RFP plan. Because
attainment has been reached, section
182(b)(1) requirements are no longer
considered to be applicable, as long as
the area continues to attain the
standard.
Section 182(b)(2) requires states with
Moderate nonattainment areas to
implement VOC RACT with respect to
each of the following: (1) All sources
covered by a Control Technology
Guideline (CTG) document issued
between November 15, 1990, and the
date of attainment; (2) all sources
covered by a CTG issued prior to
November 15, 1990; and, (3) all other
major non-CTG stationary sources. For
the reasons discussed in section IX.,
below, EPA is proposing to find that the
Wisconsin SIP meets the section
182(b)(2) Moderate RACT requirements
for the Inland Sheboygan area under the
2008 ozone NAAQS.
Section 182(b)(3) requires states to
adopt Stage II gasoline vapor recovery
regulations. On May 16, 2012 (77 FR
28772), EPA determined that the use of
onboard vapor recovery technology for
capturing gasoline vapor when gasolinepowered vehicles are refueled is in
widespread use throughout the highway
motor vehicle fleet and waived the
requirement that current and former
ozone nonattainment areas implement
Stage II vapor recovery systems on
gasoline pumps. EPA approved a
revision to Wisconsin’s Stage II program
on November 4, 2013 (78 FR 65875).
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Section 182(b)(4) requires an I/M
program in each state with a Moderate
ozone nonattainment area. EPA
approved Wisconsin’s I/M program on
August 16, 2001 (66 FR 42949) and
approved revisions to the program on
September 19, 2013 (78 FR 57501). On
September 25, 2017, WDNR submitted a
SIP certifying that Wisconsin’s SIPapproved I/M program meets the I/M
requirements of the CAA for the Inland
Sheboygan area for the 2008 ozone
NAAQS. As discussed in section VIII.,
below, EPA is proposing to approve
Wisconsin’s I/M certification SIP as
meeting the I/M requirements of the
CAA for the Inland Sheboygan area for
the 2008 ozone NAAQS.
Regarding the source permitting and
offset requirements of sections
182(a)(2)(C), 182(a)(4), and 182(b)(5),
Wisconsin currently has a fullyapproved part D NSR program in place.
EPA approved Wisconsin’s NSR SIP on
January 18, 1995 (60 FR 3538) and
February 7, 2017 (82 FR 9515). Further,
EPA approved Wisconsin’s SIP revision
addressing the NSR requirements for the
2008 ozone NAAQS, on May 3, 2019 (84
FR 18989). In addition, EPA approved
Wisconsin’s PSD program on October 6,
2014 (79 FR 60064). The State’s PSD
program will become effective in the
Inland Sheboygan area upon
redesignation of the area to attainment.
Section 182(f) requires states with
Moderate nonattainment areas to
implement NOX RACT. EPA approved
Wisconsin’s NOX RACT SIP on October
19, 2010 (75 FR 64155). On September
25, 2017, WDNR submitted a SIP
certifying that Wisconsin’s SIPapproved NOX RACT rules meet the
NOX RACT requirements of CAA
section 182(f) for the Inland Sheboygan
area for the 2008 ozone NAAQS. As
discussed in section X., below, EPA is
proposing to approve Wisconsin’s NOX
RACT certification SIP as meeting the
NOX RACT requirements of the CAA for
the Inland Sheboygan area for the 2008
ozone NAAQS.
Thus, as discussed above, with
approval of Wisconsin’s section
182(1)(1) base year inventory
requirement, section 182(a)(3)(B)
emission statement requirements,
section 182(b)(2) VOC RACT
requirements, section 182(b)(4) I/M
program requirements, and section
182(f) NOX RACT requirements, EPA
finds that the Inland Sheboygan area
will satisfy 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 Inland Sheboygan 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, if
EPA finalizes approval of Wisconsin’s
section 182(a)(1) base year inventory
requirements, section 182(a)(3)(B)
emission statement requirements,
section 182(b)(2) VOC RACT
requirements, section 182(b)(4) I/M
program requirements, and section
182(f) NOX RACT requirements, EPA
will have fully approved the Wisconsin
SIP for the Inland Sheboygan area under
section 110(k) for all requirements
applicable for purposes of redesignation
under the 2008 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). Additional measures may
also be approved in conjunction with a
redesignation action (see 68 FR 25426
(May 12, 2003) and citations therein).
C. Are the air quality improvements in
the Inland Sheboygan 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 that the observed
ozone air quality improvement in the
Inland Sheboygan 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 2011 and 2014. The
reduction in emissions and the
corresponding improvement in air
quality over this time period can be
attributed to several regulatory control
measures that the Inland Sheboygan
area and upwind areas have
implemented in recent years. In
addition, Wisconsin provided an
analysis to demonstrate the
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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.
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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.5 Through Federal
Implementation Plans, 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
5 In a December 27, 2011 rulemaking, EPA
included Wisconsin in the ozone season NOX
program, addressing the 1997 ozone NAAQS (76 FR
80760).
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Sheboygan area, the majority of these
emission reductions occurred by the
attainment years and additional
emission reductions will occur
throughout the maintenance period, as
remaining 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 is being phased in
between 2017 and 2025. Tier 3 sets new
tailpipe standards for non-methane
organic gases (NMOG) and NOX,
presented as NMOG+NOX, and for
particulate matter. 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 pervehicle particulate matter (PM)
b. Federal Emission Control Measures
standards. Heavy-duty tailpipe
Reductions in VOC and NOX
standards represent about a 60%
emissions have occurred statewide and
reduction in both fleet average VOC and
in upwind areas as a result of Federal
NOX and per-vehicle PM standards. The
emission control measures, with
evaporative emissions requirements in
additional emission reductions expected the rule will result in approximately a
to occur in the future. Federal emission
50% reduction from previous standards
control measures include the following: and apply to all light-duty and on-road
Tier 2 Emission Standards for
gasoline-powered heavy-duty vehicles.
Vehicles and Gasoline Sulfur Standards. Finally, the rule lowered the sulfur
On February 10, 2000(65 FR 6698), EPA content of gasoline to an annual average
promulgated Tier 2 motor vehicle
of 10 ppm by January 2017. As projected
emission standards and gasoline sulfur
by these estimates and demonstrated in
control requirements. These emission
the on-road emission modeling for the
control requirements result in lower
Inland Sheboygan area, some of these
VOC and NOX emissions from new cars
emission reductions occurred by the
and light duty trucks, including sport
attainment years and additional
utility vehicles. With respect to fuels,
emission reductions will occur
this rule required refiners and importers throughout the maintenance period, as
of gasoline to meet lower standards for
older vehicles are replaced with newer,
sulfur, which were phased in between
compliant model years.
2004 and 2006. By 2006, refiners and
Heavy-Duty Diesel Engine Rules. In
importers were required to meet a 30
July 2000, EPA issued a rule for on-road
ppm average sulfur level, with a
heavy-duty diesel engines that includes
maximum cap of 80 ppm. This
standards limiting the sulfur content of
reduction in fuel sulfur content ensures diesel fuel. Emissions standards for
the effectiveness of low emissionNOX, VOC and PM were phased in
control technologies. The Tier 2 tailpipe between model years 2007 and 2010. In
standards established in this rule were
addition, the rule reduced the highway
phased in for new vehicles between
diesel fuel sulfur content to 15 parts per
2004 and 2009. EPA estimates that,
million by 2007, leading to additional
when fully implemented, this rule will
reductions in combustion NOX and VOC
cut NOX and VOC emissions from light- emissions. EPA has estimated future
duty vehicles and light-duty trucks by
year emission reductions due to
approximately 76% and 28%,
implementation of this rule. EPA
respectively. NOX and VOC reductions
estimated that by 2015 NOX and VOC
from medium-duty passenger vehicles
emissions would decrease nationally by
included as part of the Tier 2 vehicle
1,260,000 tons and 54,000 tons,
program are estimated to be
respectively, and that by 2030 NOX and
approximately 37,000 and 9,500 tons
VOC emissions will decrease nationally
per year, respectively, when fully
by 2,570,000 tons and 115,000 tons,
implemented. As projected by these
respectively. As projected by these
estimates and demonstrated in the onestimates and demonstrated in the onroad emission modeling for the Inland
road emission modeling for the Inland
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). The CSAPR Update is
estimated 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 by the attainment years
and additional emission reductions will
occur throughout the maintenance
period.
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Sheboygan 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.
Non-road Diesel Rule. On June 29,
2004 (69 FR 38958), EPA issued a rule
adopting emissions standards for nonroad diesel engines and sulfur
reductions in non-road diesel fuel. This
rule applies to diesel engines used
primarily in construction, agricultural,
and industrial applications. Emission
standards were phased in for the 2008
through 2015 model years based on
engine size. The sulfur 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 non-road diesel engines by
approximately 90%. As projected by
these estimates and demonstrated in the
non-road emission modeling for the
Inland Sheboygan area, some of these
emission reductions occurred by the
attainment years and additional
emission reductions will occur
throughout the maintenance period.
Non-road 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 were phased
in from model years 2004 through 2012.
When fully implemented, EPA estimates
an overall 72% reduction in national
VOC emissions from these engines and
an 80% reduction in national NOX
emissions. As projected by these
estimates and demonstrated in the nonroad emission modeling for the Inland
Sheboygan 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 apply 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 apply 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
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the non-road emission modeling for the
Inland Sheboygan area, some of these
emission reductions occurred by the
attainment years and additional
emission reductions will occur
throughout the maintenance period.
2. Emission Reductions
Wisconsin is using a 2011 emissions
inventory as the nonattainment year.
Although the Sheboygan Haven monitor
in the Inland Sheboygan area was not
yet operational in 2011, this is
appropriate because it was one of the
years used to designate the area as
nonattainment due to an exceedance of
the NAAQS at the Sheboygan KohlerAndrae monitor. Wisconsin is using
2014 as the attainment year, which is
appropriate because the Sheboygan
Haven monitor in the Inland Sheboygan
area began operating in 2014, and the
monitor attained the NAAQS in the
2014 attainment year and every year
thereafter.
Point source inventory. Wisconsin
created the point source emission
inventory using annually reported point
source emissions, EPA’s Clean Air
Markets Division database, and
approved EPA techniques for emissions
calculation (e.g., emission factors) for
2011 and 2014 point source emissions
from state inventory databases.
There is one EGU point source facility
located in the Inland Sheboygan County
area. For this facility, WDNR used the
maximum daily heat input reported in
EPA’s Clean Air Markets Division
(CAMD) database as a conservative
estimate of summer day heat input
during the 2011 and 2014 ozone
seasons. The summer day emissions
were then calculated by multiplying the
maximum daily heat input by an
average NOX and VOC emission rate.
Wisconsin tabulated the 2011 and
2014 emissions inventories for non-EGU
point sources using the emissions data
reported annually by each facility
operator to the Wisconsin air emissions
inventory (AEI). The AEI calculates
emissions for each individual emissions
unit or process line by multiplying fuel
or process throughput by the
appropriate emission factor that is
derived from mass balance analysis,
stack testing, continuous emissions
monitoring, engineering analysis, or
EPA’s Factor Information Retrieval
database. The emission calculations in
the AEI also account for any operating
control equipment.
Nonpoint (area) source inventory. For
the 2011 nonattainment year, nonpoint
source emissions inventory estimates
were based on the 2011 National
Emissions Inventory (NEI) version 2,
except for the residential and
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commercial portable fuel containers and
Stage II refueling categories.6 Emission
calculation methodologies used in
developing 2011 nonpoint emissions
inventory are available in EPA’s 2011
NEI, version 2 TSD.7
For the 2014 attainment year,
nonpoint source emissions inventory
estimates were based on the data
interpolation between 2011 NEI version
2 and EPA’s 2017 emissions modeling
inventory, except for the Stage II
refueling category. Methodologies used
to develop 2017 emissions modeling
inventory are available in EPA’s 2011
version 6.3 emissions modeling
platform.8
In order to obtain the area source
emissions for the Inland Sheboygan
County area, the whole county emission
estimates were allocated to the partial
county based on population data. The
Sheboygan County population for 2014
was estimated by interpolating the
population between 2013 and 2015
population data from the Wisconsin
Department of Administration. The
partial county population was identified
based on the relative population of the
Minor Civil Divisions in the Inland
Sheboygan County area compared with
the entire county. For 2011 and 2014,
48% of the county’s population was
estimated to live in the Inland
Sheboygan County area.
On-road mobile source inventory. Onroad mobile sources are motorized
mobile equipment that are primarily
used on public roadways. Examples of
on-road mobile sources include cars,
trucks, buses and road motorcycles.
Wisconsin used the Motor Vehicle
Emission Simulator (MOVES), EPA’s
recommended mobile source model, to
develop on-road emissions rates. The
version used was MOVES2014b.
The modeling inputs to MOVES
include detailed transportation data
(e.g., vehicle-miles of travel by vehicle
class, road class and hour of day, and
average speed distributions), which
were provided by the Wisconsin
Department of Transportation.
Non-road mobile source inventory.
The methodology for the 2011 and 2014
non-road emissions categories were
developed using EPA’s MOVES2014b
6 For the 2011 nonattainment year, WDNR backcalculated VOC emissions for commercial portable
fuel containers from WDNR’s 2014 emission
estimates and EPA’s 2017 emission estimates. For
the 2011 nonattainment year and 2014 attainment
year, WDNR estimated emissions from vehicle
refueling at gasoline stations (Stage II refueling)
using EPA’s MOVES2014a model with the same
activity inputs used for the on-road modeling.
7 https://www.epa.gov/sites/production/files/
2015-10/documents/nei2011v2_tsd_14aug2015.pdf.
8 https://www.epa.gov/air-emissions-modeling/
2011-version-63-platform.
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model, using the same summer day
temperatures used for the on-road
modeling. The model was run for
Sheboygan County for the months of
June, July and August. Summer day
emissions were calculated by dividing
the total emissions over these three
months by 92 (the number of days in the
three months). Emissions were then
allocated from the full county to the
Inland Sheboygan area based on
surrogates such as population, land area
and water area, depending on the
category.
For commercial marine, aircraft and
rail locomotive (MAR) categories, for the
2011 nonattainment year, the annual
emissions estimates used for Sheboygan
County are those in EPA’s 2011 NEI
version 2. For the 2014 attainment year,
annual emissions estimates for
Sheboygan County were based on the
data interpolation between 2011 NEI
version 2 and EPA’s 2017 emissions
modeling inventory.
Summer day emissions for these MAR
categories were estimated by dividing
the annual emissions by 365. This same
value was used in EPA’s 2011 version
6.3 emissions modeling platform. The
allocation of the full county emissions
to the Inland Sheboygan area is based
on surrogates such as population, land
area and water area, depending on the
MAR category.
Using the inventories described
above, Wisconsin’s submittal
documents changes in VOC and NOX
emissions from 2011 to 2014 for the
Inland Sheboygan area. Emissions data
are shown in Table 2. Data are
expressed in terms of tons per summer
day (TPSD). Due to rounding, some
totals may not correspond with the sum
of the separate categories, and some net
change amounts may not correspond
with the difference of the separate years.
TABLE 2—NOX AND VOC EMISSIONS IN THE INLAND SHEBOYGAN AREA FOR THE 2011 NONATTAINMENT YEAR AND 2014
ATTAINMENT YEAR (TPSD)
NOX
2011
Net change
(2011–2014)
2014
2011
Net change
(2011–2014)
2014
Point—EGU .............................................
Point—non-EGU ......................................
Area .........................................................
On-road ...................................................
Non-road ..................................................
0.48
0.82
0.63
2.60
2.10
0.53
0.86
0.63
1.90
1.74
+0.05
+0.04
0.00
¥0.70
¥0.36
0.04
1.10
2.95
1.26
2.29
0.04
1.10
2.96
0.90
1.92
0.00
0.00
+0.01
¥0.36
¥0.37
Total .................................................
6.62
5.66
¥0.96
7.65
6.91
¥0.74
As shown in Table 2, NOX and VOC
emissions in the Inland Sheboygan area
declined by 0.96 TPSD and 0.74 TPSD,
respectively, between 2011 and 2014.
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VOC
3. Meteorology
To further support Wisconsin’s
demonstration that the improvement in
air quality is due to permanent and
enforceable emission reductions and not
unusually favorable meteorology, an
analysis was performed by WDNR.
Because the Sheboygan Haven monitor
in the Inland Sheboygan area was not
operational until 2014, WDNR lacks
long-term meteorological data from the
Sheboygan Haven site. However, in its
February 11, 2020 request that EPA
redesignate the Shoreline Sheboygan
area, WDNR submitted a meteorological
analysis based on 19 years of data
collected at the Sheboygan KohlerAndrae monitor, which is
approximately 11 miles from the Haven
monitor. Because data from the
Sheboygan Kohler-Andrae monitor were
used in the initial nonattainment
designation of the area, and because this
is the closest ozone monitor with
sufficient data to perform a longer term
analysis of ozone trends vs.
meteorological indicators, this analysis
is appropriate for purposes of
demonstrating that the improvement in
air quality in the Inland Sheboygan area
is due to permanent and enforceable
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emissions reductions rather than
favorable meteorology.
In its February 11, 2020 submittal,
Wisconsin analyzed the maximum
fourth-highest 8-hour ozone values for
May, June, July, August, and September,
for years 2001 to 2019. First, the
maximum 8-hour ozone concentration
at the Sheboygan Kohler-Andrae
monitor was compared to the number of
days where the maximum temperature
was greater than or equal to 80 °F.
Second, WDNR examined the
relationship between the average
summer temperature for each year of the
2001–2019 period and the fourthhighest 8-hour ozone concentration.
These analyses show that over the last
19 years, ozone concentrations at the
Kohler-Andrae monitor have decreased
substantially. In contrast, temperatures
have remained relatively constant, with
an increase in the number of hot days
and a slight decrease in the average
season temperature. Because the
correlation between temperature and
ozone formation is well established,
these data suggest that reductions in
precursors are responsible for the
reductions in ozone concentrations in
the area, and not unusually favorable
summer temperatures.
As discussed above, Wisconsin
identified numerous Federal rules that
resulted in the reduction of VOC and
NOX emissions from 2011 to 2014. In
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addition, Wisconsin’s analyses of
meteorological variables associated with
ozone formation demonstrate that the
improvement in air quality in the area
between the year violations occurred
and the year attainment was achieved is
not due to unusually favorable
meteorology. Therefore, EPA finds that
Wisconsin has shown that the air
quality improvements in the Inland
Sheboygan area are due to permanent
and enforceable emissions reductions.
D. Does Wisconsin have a fully
approvable ozone maintenance plan for
the Inland Sheboygan area?
To redesignate an area from
nonattainment 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
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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 emission
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 Inland Sheboygan area
to attainment for the 2008 ozone
NAAQS, Wisconsin submitted a SIP
revision to provide for maintenance of
the 2008 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
As discussed above, the Sheboygan
Haven monitor in the Inland Sheboygan
area has shown attainment of the
standard since 2014. Wisconsin selected
2014 as the attainment emissions
inventory year to establish attainment
emission levels for VOC and NOX. The
attainment emissions inventory
identifies the levels of emissions in the
Inland Sheboygan area that are
sufficient to attain the 2008 ozone
NAAQS. The derivation of the
attainment year emissions is discussed
above in section IV.C.2. of this proposed
rule. The emissions for the 2014
attainment year, by source category, are
summarized in Table 2 above.
2. Has the state documented
maintenance of the ozone standard in
the Inland Sheboygan area?
Wisconsin has demonstrated
maintenance of the 2008 ozone NAAQS
through 2030 by ensuring that current
and future emissions of VOC and NOX
for the Inland Sheboygan area remain at
or below attainment year emission
levels. A maintenance demonstration
need not be 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 2020 and 2030
to demonstrate maintenance. 2030 was
selected because it is 10 years after the
expected effective date of the
redesignation to attainment, and 2020
was selected to demonstrate that
emissions are not expected to spike in
the interim between the 2014 attainment
year and the 2030 final maintenance
year. The emissions inventories were
developed as described below.
Wisconsin estimated the future year
point source emissions by applying
growth factors to the 2014 attainment
year emissions inventory, as well as
considering new and modified sources.
Wisconsin’s 2020 area source emissions
were estimated primarily by
interpolating between EPA’s 2017 and
2028 modeling inventories, while 2030
area source emissions were estimated
primarily by extrapolating EPA’s 2023
and 2028 modeling inventories.
The 2020 and 2030 projected on-road
and non-road emissions, except for
MAR categories, were developed using
the MOVES2014a model, as was the
case for the 2011 and 2014 emissions.
However, for the two MAR categories of
aircraft and rail locomotive, the 2020
and 2030 emissions were calculated by
linearly interpolating or extrapolating
from the 2017, 2023 and, where
available, 2028 values from EPA’s 2011
Emissions Modeling Platform, Version
6.3.
Emissions data for the 2011
nonattainment year, 2014 attainment
year, 2020 interim year, and 2030
maintenance year are shown in Tables
3 and 4 below. Data are expressed in
terms of TPSD. Due to rounding, some
totals may not correspond with the sum
of the separate categories, and some net
change amounts may not correspond
with the difference of the separate years.
TABLE 3—NOX EMISSIONS IN THE INLAND SHEBOYGAN AREA FOR THE 2011 NONATTAINMENT YEAR, 2014 ATTAINMENT
YEAR, 2020 INTERIM YEAR, AND 2030 MAINTENANCE YEAR (TPSD)
2011
2014
2020
Net change
(2014–2030)
2030
Point—EGU ..........................................................................
Point—non-EGU ..................................................................
Area ......................................................................................
On-road ................................................................................
Non-road ..............................................................................
0.48
0.82
0.63
2.60
2.10
0.53
0.86
0.63
1.90
1.74
0.62
0.99
0.64
1.16
1.22
0.62
1.06
0.65
0.54
0.86
+0.09
+0.20
+0.02
¥1.35
¥0.89
Total ..............................................................................
6.62
5.66
4.63
3.73
¥1.93
TABLE 4—VOC EMISSIONS IN THE INLAND SHEBOYGAN AREA FOR THE 2011 NONATTAINMENT YEAR, 2014 ATTAINMENT
YEAR, 2020 INTERIM YEAR, AND 2030 MAINTENANCE YEAR (TPSD)
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2011
2014
2020
Net change
(2014–2030)
2030
Point—EGU ..........................................................................
Point—non-EGU ..................................................................
Area ......................................................................................
On-road ................................................................................
Non-road ..............................................................................
0.04
1.10
2.95
1.26
2.29
0.04
1.10
2.96
0.90
1.92
0.04
1.26
2.90
0.65
1.38
0.04
1.36
2.83
0.34
1.21
0.00
+0.26
¥0.13
¥0.56
¥0.71
Total ..............................................................................
7.65
6.91
6.24
5.78
¥1.13
As shown in Tables 3 and 4, NOX and
VOC emissions in the Inland Sheboygan
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area are projected to decrease by 1.93
TPSD and 1.13 TPSD, respectively,
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between the 2014 attainment year and
2030 maintenance year. Wisconsin’s
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maintenance demonstration for the
Inland Sheboygan area shows
maintenance of the 2008 ozone NAAQS
by providing emissions information to
support the demonstration that future
emissions of NOX and VOC will remain
at or below 2014 emission levels when
considering both future source growth
and implementation of future controls.
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3. Continued Air Quality Monitoring
Wisconsin has committed to continue
to operate the Sheboygan Haven
monitor in the Inland Sheboygan area.
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, 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 Inland
Sheboygan area. This includes the
authority to adopt, implement, and
enforce any subsequent 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 the area’s
emissions inventory. Wisconsin will
continue to operate the current ozone
monitor located in the Inland
Sheboygan 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
EPA.
In addition, to track future levels of
emissions, Wisconsin will continue to
develop and submit to EPA updated
emission inventories for all source
categories 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 on December 17, 2008 (73
FR 76539). The most recent triennial
inventory for Wisconsin was compiled
for 2014. Point source facilities covered
by Wisconsin’s emission statement rule,
Wisconsin Administrative Code NR 438,
will continue to submit VOC and NOX
emissions on an annual basis.
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5. What is the contingency plan for the
Inland Sheboygan area?
Section 175A of the CAA requires that
the state 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
contingency plan for the Inland
Sheboygan area to address possible
future ozone air quality problems. The
contingency 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-highest monitored value
of 0.075 ppm or higher is monitored
within the maintenance area. A warning
level response will require Wisconsin to
conduct a study. The study would
include the two elements. The first
element would assess whether actual
emissions have deviated significantly
from the emissions projections
contained in this maintenance plan for
the area, along with an evaluation of
which sectors and states are responsible
for any emissions increases. Second,
Wisconsin would investigate whether
unusual meteorological conditions
during the high-ozone year led to the
high monitored ozone concentrations.
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
consider ease and timing of
implementation, as well as economic
and social impacts, and will be
completed no later than May 1st of the
next season. Implementation of
necessary controls in response to a
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warning level response trigger will
occur within 18 months.
In Wisconsin’s plan, an action level
response would be triggered if a threeyear design value exceeds the level of
the 2008 ozone NAAQS (0.075 ppm).
When an action level response is
triggered, Wisconsin will determine
what additional control measures are
needed to assure future attainment of
the 2008 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. However, Wisconsin
is not limited to the measures on this
list:
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
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. Wisconsin notes that because it is
not possible to determine what control
measures will be appropriate in the
future, the list is not comprehensive.
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 Inland Sheboygan 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
Inland Sheboygan area 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
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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
ensuring conformity of transportation
activities to a SIP. Transportation
conformity is a requirement for
nonattainment and maintenance areas.
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 2008
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) to address pollution from on-road
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.
As discussed earlier, Wisconsin’s
maintenance plan includes NOX and
VOC MVEBs for the Inland Sheboygan
area for 2020, which is an interim year,
as well as 2030, which is the last year
of the maintenance period. 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 emissions
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sources, are consistent with
maintenance of the 2008 ozone NAAQS.
23285
requirement for the Inland Sheboygan
area.
VII. Emissions Statement
TABLE 5—MVEBS FOR THE INLAND
Section 182(a)(3)(B) of the CAA
SHEBOYGAN AREA FOR THE 2020
INTERIM YEAR AND 2030 MAINTE- requires states with ozone
nonattainment areas to submit revisions
NANCE YEAR
to their SIP to require the owner or
[Tons per hot summer day]
operator of each major stationary source
of NOX or VOC to provide the state with
Year
NOX
VOC
an annual statement documenting the
actual emissions of NOX and VOC from
2020 ..................................
1.16
0.65
2030 ..................................
0.54
0.34 their source. Under section
182(a)(3)(B)(ii), a state may waive the
emissions statement requirement for any
EPA is proposing to approve the
class or category of stationary sources
MVEBs for use to determine
which emits less than 25 tons per year
transportation conformity in the Inland
of VOC or NOX if the state, in its base
Sheboygan area, because EPA has
year emissions inventory, provides an
determined that the area can maintain
inventory of emissions from such class
attainment of the 2008 ozone NAAQS
or category of sources. States and EPA
for the relevant maintenance period
have generally interpreted this waiver
with mobile source emissions at the
provision to apply to sources (without
levels of the MVEBs.
specification of a specific source class or
B. What is a safety margin?
source category) emitting less than 25
tons per year of VOC or NOX.
A ‘‘safety margin’’ is the difference
Many states, including Wisconsin,
between the attainment level of
adopted
these emissions statement rules
emissions (from all sources) and the
for the 1-hour ozone NAAQS. For these
projected level of emissions (from all
states, EPA is accepting certifications
sources) in the maintenance plan. As
that their previously adopted emissions
noted in Tables 3 and 4, the emissions
statement rules remain in place and are
in the Inland Sheboygan area are
adequate to meet the emissions
projected to have safety margins of 1.93
statement rule requirement under the
TPSD for NOX and 1.13 TPSD for VOC
2008 ozone standard.
in 2030 (the difference between
Under NR 438 of the Wisconsin
emissions in the 2014 attainment year,
Administrative Code, Wisconsin
and projected emissions in the 2030
requires annual NOX and VOC emission
maintenance year, for all sources in the
reporting from any facility in the State
Inland Sheboygan area). Similarly, there
that emits NOX above 10,000 pounds (5
is a safety margin of 1.03 TPSD for NOX
tons) per year and VOC above 6,000
and 0.67 TPSD for VOC in 2020. Even
pounds (3 tons) per year. This includes
if emissions exceeded projected levels
facilities in nonattainment areas such as
by the full amount of the safety margin,
the Inland Sheboygan area for the 2008
the counties would still demonstrate
ozone NAAQS. EPA previously
maintenance since emission levels
approved NR 438 into the Wisconsin
would equal those in the attainment
SIP on December 6, 1993 (58 FR 64155).
year.
In a September 25, 2017, SIP
Wisconsin is not allocating any of the submission, WDNR certified that this
safety margin to the mobile source
approved SIP regulation remains in
sector. Wisconsin can request an
place and remains enforceable for the
allocation to the MVEBs of the available 2008 ozone NAAQS.
safety margins reflected in the
Because Wisconsin has an EPA
demonstration of maintenance in a
approved SIP provision requiring
future SIP revision.
stationary sources to report annually
their NOX emissions over 5 tons and
VI. Base Year Emissions Inventory
VOC emissions over 3 tons, EPA is
As discussed above, section 182(a)(1)
proposing to approve Wisconsin’s
of the CAA requires areas to submit a
emissions statement certification SIP as
base year emissions inventory. As part
meeting the requirement of section
of Wisconsin’s redesignation request for 182(a)(3)(B) of the CAA for the 2008
the Inland Sheboygan area, the State
ozone for the Inland Sheboygan area.
submitted a 2011 base year emissions
VIII. Motor Vehicle I/M
inventory. This inventory is discussed
above in section IV.C.2. and
The requirement to adopt a motor
summarized in Table 2. EPA is
vehicle I/M program for Moderate ozone
proposing to approve this 2011 base
nonattainment areas is described in
year inventory as meeting the section
CAA section 182(b)(4) and the
182(a)(1) emissions inventory
regulations for basic and enhanced I/M
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programs are found at 40 CFR part 51,
subpart S. Under these cumulative
requirements, states with areas
classified as Moderate nonattainment
for ozone with 1990 Census-defined
urbanized populations of 200,000 or
more are required to adopt basic I/M
programs, while Serious and higher
classified ozone nonattainment areas
outside of the northeast ozone transport
region with 1980 Census-defined
urbanized populations of 200,000 or
more are required to adopt enhanced
I/M programs. Wisconsin’s I/M program
has been in operation since 1984. It was
originally implemented in accordance
with the 1977 CAA Amendments and
operated in the six counties of Kenosha,
Milwaukee, Ozaukee, Racine,
Washington and Waukesha. Sheboygan
County was added to the program in
July 1993, resulting in a seven-county
program area that has remained to the
present. In 1995, Wisconsin transitioned
to an enhanced I/M program. EPA
approved Wisconsin’s I/M program on
August 16, 2001 (66 FR 42949) and
approved revisions to the program on
September 19, 2013 (78 FR 57501).
Wisconsin’s approved I/M program in
the SIP is consistent with the
requirements of 40 CFR part 51, subpart
S, for the alternate low enhanced
performance standards. In its September
25, 2017, submission, Wisconsin
certified that it still meets the Federal
I/M performance requirement.
Therefore, EPA is proposing to find that
Wisconsin has met the I/M requirement
for the Inland Sheboygan area for the
2008 ozone NAAQS.
IX. VOC RACT
Sections 172(c)(1) and 182(b)(2) of the
CAA require states to implement RACT
in ozone nonattainment areas classified
as Moderate (and higher). Specifically,
these areas are required to implement
RACT for all major VOC and NOX
emissions sources and for all sources
covered by a CTG. A CTG is a document
issued by EPA which establishes a
‘‘presumptive norm’’ for RACT for a
specific VOC source category. States
must submit rules, or negative
declarations when no such sources exist
for CTG source categories.
EPA’s SIP Requirements Rule for the
2008 ozone NAAQS provides several
pathways by which states may meet
RACT requirements. States can meet the
RACT requirements associated with the
2008 ozone NAAQS either through: (1)
A certification that previously adopted
RACT controls in their SIP approved by
EPA under a prior ozone NAAQS
continue to represent adequate RACT
control levels for attainment of the 2008
ozone NAAQS; (2) through the adoption
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of new or more stringent regulations or
controls that represent RACT control
levels; and/or (3) a negative declaration
if there are no source categories subject
to certain CTGs within the
nonattainment area.
Wisconsin previously addressed
RACT requirements in the Inland
Sheboygan area in developing
attainment plans for the 1979 and 1997
ozone standards. Wisconsin has
previously adopted RACT rules for VOC
emission sources in its nonattainment
areas under Wisconsin Administrative
Code NR 420. Wisconsin has evaluated
the previously adopted regulations and
determined that these rules still satisfy
RACT. Wisconsin’s submittal describes
the VOC RACT program for the Inland
Sheboygan area. The submittal provided
a list of the CTGs for which RACT
requirements have been codified in
Wisconsin Administrative Code.
Wisconsin has not adopted VOC
RACT regulations for four CTGs:
Shipbuilding and ship repair, aerospace
manufacturing, fiberglass boat
manufacturing, and the oil and natural
gas industry. In addition, while
Wisconsin has adopted rules to cover
industrial adhesive use, metal and
plastic parts coatings, and automobile
and light-duty truck manufacturing,
Wisconsin’s Administrative Code does
not reflect the most recently published
CTG for these three categories.
Wisconsin preformed an applicability
analysis for these seven categories in the
Inland Sheboygan nonattainment area.
Wisconsin’s analysis took the following
steps: First, Wisconsin relied on the
Wisconsin Air Emissions Inventory to
create a list of all the VOC emitting
facilities in the Inland Sheboygan area.
Wisconsin searched the list for facilities
having the applicable CTG Standard
Industrial Classification (SIC) codes.
Second, Wisconsin searched the
Wisconsin Air Resource Program
database, which contains facility and
emissions information about all
Wisconsin companies that have
obtained an air pollution control permit,
for sources located within the partial
county nonattainment area with the
applicable SIC codes. Third, Wisconsin
searched the membership directories
found on the applicable SIC code
organizations’ websites. Finally,
Wisconsin searched the ReferenceUSA
database for facilities located within the
Inland Sheboygan area with the SIC
codes listed above.
Wisconsin’s analysis determined that
there are no facilities in the Inland
Sheboygan area for the shipbuilding and
ship repair, aerospace manufacturing,
fiberglass boat manufacturing, oil and
natural gas industry, miscellaneous
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Fmt 4702
Sfmt 4702
industrial adhesives, metal and plastic
parts coatings, and automobile and
light-duty truck assembly coatings
categories. These are the seven
categories in which Wisconsin has not
adapted the most recently published
CTGs. Wisconsin provided Negative
Declarations for these CTG categories.
In summary, Wisconsin has certified
that the VOC RACT rules previously
adopted by the state and approved into
Wisconsin’s SIP continue to meet VOC
RACT requirements for the area under
the 2008 ozone NAAQS. Wisconsin has
adequately documented its analysis of
sources in the area to support its
negative declarations for categories in
which Wisconsin has not adopted the
most recently published CTGs. EPA
finds Wisconsin’s VOC RACT SIP
submittal to be approvable as meeting
the Moderate VOC RACT requirements
of section 182(b)(2) of the CAA.
X. NOX RACT
Section 182(f) of the CAA requires
RACT level controls for major stationary
sources of NOX located in Moderate
ozone nonattainment areas. Section 302
of the CAA defines a major stationary
source as any facility which has the
potential to emit 100 tons per year of
any air pollutant. RACT is defined as
the lowest emission limitation that a
particular source is capable of meeting
by the application of control technology
that is reasonably available considering
technological and economic feasibility.
On October 19, 2010, EPA approved
Wisconsin’s NOX RACT program into
the SIP for purposes of the 1997 ozone
NAAQS (75 FR 64155). Wisconsin’s
NOX RACT requirements are codified at
NR 428.20 to 428.26 of the Wisconsin
Administrative Code. Wisconsin’s NOX
RACT rules are applicable to major
stationary sources of NOX located in
Wisconsin’s Moderate ozone
nonattainment areas, including the
Inland Sheboygan area. On September
25, 2017, WDNR submitted a SIP
certifying that Wisconsin’s SIPapproved NOX RACT rules meet the
NOX RACT requirements of CAA
section 182(f) for the Inland Sheboygan
area for the 2008 ozone NAAQS.
Because Wisconsin has EPA-approved
NOX RACT rules applicable to Inland
Sheboygan area sources in its SIP, EPA
is proposing to find that Wisconsin has
satisfied the NOX RACT requirements
for the Inland Sheboygan area for the
2008 ozone NAAQS.
XI. What is EPA’s analysis of
Wisconsin’s redesignation request for
the 1997 ozone NAAQS?
On March 6, 2015, EPA revoked the
1997 ozone NAAQS along with
E:\FR\FM\27APP1.SGM
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associated designations and
classifications (80 FR 12264). Thus, the
Inland Sheboygan area has no
designation under the 1997 ozone
NAAQS that can be changed through
redesignation as governed by CAA
section 107(d)(3)(E). Therefore, EPA is
not proposing a redesignation of the
Inland Sheboygan area for the 1997
ozone NAAQS under CAA section
107(d)(3)(E).
However, in evaluating Wisconsin’s
request to redesignate the Inland
Sheboygan area under the 2008 ozone
standard, EPA determined that the area
has met the five criteria in section
107(d)(3)(E) for redesignation, including
the requirement that Wisconsin meet all
applicable requirements of section 110
and part D of the CAA for the Inland
Sheboygan area, and have a fully
approved SIP for the area under section
110(k) of the CAA. As part of that
evaluation, EPA has determined that
Wisconsin has a fully approved SIP and
meets the anti-backsliding requirements
under the 1997 ozone standard as
codified at 40 CFR 51.1105(a)(1) and 40
CFR 51.1100(o).
lotter on DSKBCFDHB2PROD with PROPOSALS
XII. What action is EPA taking?
EPA is proposing to determine that
the Inland Sheboygan nonattainment
area is attaining the 2008 ozone
NAAQS, based on quality-assured and
certified monitoring data for 2017–2019.
EPA is proposing to determine that
upon final approval of Wisconsin’s 2011
base year emissions inventory, emission
statement certification SIP, VOC RACT
SIP, I/M certification SIP, and NOX
RACT certification SIP, the area will
have 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
Inland Sheboygan area from
nonattainment to attainment for the
2008 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 Inland Sheboygan area in attainment
of the 2008 ozone NAAQS through
2030. EPA finds adequate and is
proposing to approve the newlyestablished 2020 and 2030 MVEBs for
the Inland Sheboygan area.
XIII. 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
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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
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).
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23287
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), 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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: April 15, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
[FR Doc. 2020–08403 Filed 4–24–20; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 27
[AU Docket No. 20–25; FCC 20–23; FRS
16583]
Auction of Flexible-Use Service
Licenses in the 3.7–3.98 GHz Band for
Next-Generation Wireless Services;
Comment Sought on Competitive
Bidding Procedures for Auction 107
Federal Communications
Commission.
ACTION: Proposed rule; proposed auction
procedures.
AGENCY:
In this document, the
Commission announces an auction of
flexible-use overlay licenses in the 3.7–
3.98 GHz band (the 3.7 GHz Service),
designated as Auction 107. This
document proposes and seeks comment
on competitive bidding procedures to be
used for Auction 107.
SUMMARY:
E:\FR\FM\27APP1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Proposed Rules]
[Pages 23274-23287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08403]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2019-0557; FRL-10008-33-Region 5]
Air Plan Approval; Wisconsin; Redesignation of the Inland
Sheboygan, WI Area to Attainment of the 2008 Ozone Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to find
that the Inland Sheboygan County, Wisconsin area is attaining the 2008
primary and secondary ozone National Ambient Air Quality Standards
(NAAQS), and to act in accordance with a request from the Wisconsin
Department of Natural Resources (WDNR) to redesignate the area to
attainment for the 2008 ozone NAAQS because the request meets the
statutory requirements for redesignation under the Clean Air Act (CAA).
WDNR submitted this request on October 9, 2019. EPA is proposing to
approve, as a revision to the Wisconsin State Implementation Plan
(SIP), the State's plan for maintaining the 2008 ozone NAAQS through
2030 in the Inland Sheboygan area. EPA finds adequate and is proposing
to approve Wisconsin's 2020 and 2030 volatile organic compound (VOC)
and oxides of nitrogen (NOX) Motor Vehicle Emission Budgets
(MVEBs) for the Inland Sheboygan area. Finally, EPA is proposing to
approve the Wisconsin SIP as meeting the applicable base year inventory
requirement, emission statement requirements, VOC Reasonably Available
Control Technology (RACT) requirements, motor vehicle inspection and
maintenance (I/M) program requirements, and NOX RACT
requirements.
DATES: Comments must be received on or before May 27, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0557 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: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-4489,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is 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 for
the 2008 ozone NAAQS?
V. Has the state adopted approvable motor vehicle emission budgets?
VI. Base year emissions inventory.
VII. Emissions statement.
VIII. Motor vehicle I/M.
IX. VOC RACT.
X. NOX RACT.
XI. What is EPA's analysis of Wisconsin's redesignation request for
the 1997 ozone NAAQS?
XII. What Action is EPA Taking?
XIII. 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 Inland Sheboygan nonattainment area is attaining
the 2008 ozone NAAQS, based on quality-assured and certified monitoring
data for 2017-2019, and that the Inland Sheboygan area has met the
requirements for
[[Page 23275]]
redesignation under section 107(d)(3)(E) of the CAA. EPA is thus
proposing to change the legal designation of the Inland Sheboygan area
from nonattainment to attainment for the 2008 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 Inland Sheboygan area in attainment of the 2008
ozone NAAQS through 2030. EPA is also proposing to approve, as
revisions to the Wisconsin SIP, the State's 2011 base year emissions
inventory, emission statement certification, VOC RACT requirements,
motor vehicle I/M certification, and NOX RACT certification.
EPA also finds adequate and is proposing to approve the newly
established 2020 and 2030 MVEBs for the Inland Sheboygan area.
II. What is the background for these actions?
EPA has determined that ground-level ozone is detrimental to human
health. On July 18, 1997, EPA revised the former 1-hour ozone primary
and secondary standards and replaced them with 8-hour standards at a
level of 0.08 parts per million (ppm) (40 CFR 50.10). On March 27,
2008, EPA further revised the 8-hour ozone NAAQS by lowering the level
of the primary and secondary standards from 0.08 ppm to 0.075 ppm (40
CFR 50.15).
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. On April 30, 2004 (69 FR 23858)
and May 21, 2012 (77 FR 30088), EPA designated the entirety of
Sheboygan County in Wisconsin as nonattainment for the 1997 ozone NAAQS
and 2008 ozone NAAQS, respectively.
On March 1, 2011, EPA determined that the Sheboygan nonattainment
area had attained the 1997 ozone NAAQS (76 FR 11080). Since that
determination, the area has continued to attain the 1997 ozone NAAQS,
and the area retains its Moderate classification. On December 19, 2016,
EPA reclassified the Sheboygan nonattainment area for the 2008 ozone
NAAQS as Moderate with an attainment date of July 20, 2018 (81 FR
91841).
On July 15, 2019, EPA revised the designation for the Sheboygan
nonattainment area for the 1997 ozone NAAQS and 2008 ozone NAAQS, by
splitting the original area into two distinct nonattainment areas that
together cover the identical geographic area of the original
nonattainment area (84 FR 33699).\1\ One of the separate areas, called
the Shoreline Sheboygan County, WI nonattainment area, consists of the
eastern portion of the original area, including the Sheboygan Kohler-
Andrae monitor. The other separate area, called the Inland Sheboygan
County, WI nonattainment area, consists of the western portion of the
original area, including the Sheboygan Haven monitor. On August 23,
2019, EPA determined that the Inland Sheboygan area and Shoreline
Sheboygan area qualified for one-year attainment date extensions for
the 2008 ozone NAAQS to July 20, 2019 (84 FR 44238).
---------------------------------------------------------------------------
\1\ In this proposed rule, EPA is not reopening for public
comment our final July 15, 2019, action to split the original
Sheboygan nonattainment area into two distinct nonattainment 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 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 for the
2008 ozone NAAQS?
A. Has the Inland Sheboygan area attained the 2008 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 2008
ozone NAAQS as determined in accordance with 40 CFR 50.15 and appendix
P 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 0.075 ppm. The air quality data must be
collected and quality-assured in
[[Page 23276]]
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 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 2.3 of appendix P 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
Sheboygan Haven monitor, which is the only monitoring site in the
Inland Sheboygan area. These data are from the 3-year period from 2017-
2019, which is the most recent 3-year period available. These data have
been quality assured, are recorded in the AQS, and have been certified.
These data demonstrate that the Inland Sheboygan area is attaining the
2008 ozone NAAQS. The annual fourth-highest 8-hour ozone concentrations
and the 3-year average of these concentrations (monitoring site ozone
design value) for the monitoring site are summarized in Table 1.
Table 1--Annual Fourth-Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the Fourth-
Highest Daily Maximum 8-Hour Ozone Concentrations for the Inland Sheboygan Area
----------------------------------------------------------------------------------------------------------------
Percent Fourth-highest 2017-2019
Area Monitor Year observed (ppm) average (ppm)
----------------------------------------------------------------------------------------------------------------
Inland Sheboygan County, WI... Sheboygan Haven 2017 100 0.070 0.066
(55-117-0009).
2018 100 0.070
2019 100 0.059
----------------------------------------------------------------------------------------------------------------
The Inland Sheboygan area's 3-year ozone design value for 2017-2019
is 0.066 ppm, which meets the 2008 ozone NAAQS. Therefore, in this
action, EPA proposes to determine that the Inland Sheboygan area is
attaining the 2008 ozone NAAQS.
EPA will not take final action to determine that the Inland
Sheboygan area is attaining the NAAQS nor to approve the redesignation
of this area if the design value of a monitoring site in the area
violates the NAAQS after proposal but prior to final approval of the
redesignation. Preliminary 2020 data to date indicate that this area
continues to attain the 2008 ozone NAAQS. As discussed in section
IV.D.3. below, WDNR has committed to continue monitoring ozone in this
area to verify maintenance of the 2008 ozone NAAQS.
B. Has Wisconsin met all applicable requirements of section 110 and
part D of the CAA for the Inland Sheboygan 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). We are proposing to determine
that Wisconsin has met all currently applicable SIP requirements for
purposes of redesignation of the Inland Sheboygan area to attainment of
the 2008 ozone standard under section 110 and part D of the CAA, in
accordance with section 107(d)(3)(E)(v). Additionally, with the
exception of the base year emissions inventory requirement of section
182(a)(1) of the CAA, the emissions statement requirement of section
182(a)(3)(B) of the CAA, the VOC RACT requirements of section 182(b)(2)
of the CAA, the I/M requirements of section 182(b)(4) of the CAA, and
the NOX RACT requirements of section 182(f) of the CAA, EPA
finds that all applicable requirements of the Wisconsin SIP for the
area, for purposes of redesignation, have been fully approved under
section 110(k) of the CAA. As discussed in sections VI. through X.
below, EPA is proposing to approve Wisconsin's base year emissions
inventory, emissions statement, motor vehicle I/M, VOC RACT, and
NOX RACT SIP submissions as meeting the Moderate RACT
requirements of section 182(b)(2) of the CAA for the Inland Sheboygan
area under the 2008 ozone NAAQS. Upon final approval of these SIP
elements, all applicable requirements of the Wisconsin SIP for the area
will have been fully approved under section 110(k) of the CAA.
In making these determinations, EPA ascertained which CAA
requirements are applicable to the Inland Sheboygan 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 September 4, 1992 Calcagni memorandum (see ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992) 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).
Since EPA is proposing to determine that the Inland Sheboygan area
has attained the 2008 ozone standard, under 40 CFR 51.1118, if that
determination is finalized, the requirements to submit certain planning
SIPs related to attainment, including attainment demonstration
requirements (the
[[Page 23277]]
Reasonably Available Control Measures (RACM) requirement of section
172(c)(1) of the CAA, the Reasonable Further Progress (RFP) and
attainment demonstration requirements of sections 172(c)(2) and (6) and
182(b)(1) of the CAA, and the requirement for contingency measures of
section 172(c)(9) of the CAA) would not be applicable to the area as
long as it continues to attain the NAAQS and would cease to apply upon
redesignation. In addition, in the context of redesignations, EPA has
interpreted requirements related to attainment as not applicable for
purposes of redesignation. For example, in the General Preamble EPA
stated that:
The section 172(c)(9) requirements are directed at ensuring RFP and
attainment by the applicable date. These requirements no longer apply
when an area has attained the standard and is eligible for
redesignation. Furthermore, section 175A for maintenance plans provides
specific requirements for contingency measures that effectively
supersede the requirements of section 172(c)(9) for these areas.
``General Preamble for the Interpretation of Title I of the Clean Air
Act Amendments of 1990,'' (General Preamble) 57 FR 13498, 13564 (April
16, 1992).
See also Calcagni memorandum at 6 (``The requirements for
reasonable further progress and other measures needed for attainment
will not apply for redesignations because they only have meaning for
areas not attaining the standard.'').
1. Wisconsin Has Met All Applicable Requirements of Section 110 and
Part D of the CAA Applicable to the Inland Sheboygan Area for Purposes
of Redesignation
a. Section 110 General Requirements for Implementation Plans
Section 110(a)(2) of the CAA delineates 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., the NOX SIP call, the Clean
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 2008
ozone NAAQS. The section 110 and part D requirements that 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 have 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\
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\3\ EPA has previously approved provisions of the Wisconsin SIP
addressing section 110 elements under the 2008 ozone NAAQS at 80 FR
54725 (September 11, 2015), 81 FR 3334 (January 21, 2016), 81 FR
53309 (August 12, 2016), and 82 FR 9515 (February 7, 2017).
---------------------------------------------------------------------------
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 Inland Sheboygan area was initially classified as Marginal and
then reclassified as Moderate under subpart 2 for the 2008 ozone NAAQS.
As such, 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 sections 182(a) and (b) (Marginal
and Moderate 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.
Section 172(c)(1) requires the plans for all nonattainment areas to
provide for the implementation of all RACM as expeditiously as
practicable and to provide for attainment of the primary NAAQS. Under
this requirement, a state must consider all available control measures,
including reductions that are available from adopting RACT on existing
sources. Because attainment has been reached in the Inland Sheboygan
area, no additional measures are needed to provide for attainment and
section 172(c)(1) requirements are no longer considered to be
applicable, as long as the area continues to attain the standard until
redesignation. See 40 CFR 51.1118.
[[Page 23278]]
The RFP requirement under section 172(c)(2) is defined as progress
that must be made toward attainment. Because attainment has been
reached, no additional measures are needed to provide for attainment.
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. This
requirement is superseded by the inventory requirement in section
182(a)(1) discussed below.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources in an
area, and section 172(c)(5) requires source permits for the
construction and operation of new and modified major stationary sources
anywhere in the nonattainment area. EPA approved Wisconsin's NSR
program on October 6, 2014 (79 FR 160064) and February 7, 2017 (82 FR
9515). However, EPA has determined that, since PSD requirements will
apply after redesignation, areas being redesignated need not comply
with the requirement that a 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 Inland Sheboygan area
will be able to maintain the standard 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 Inland Sheboygan area upon redesignation
to attainment. EPA approved Wisconsin's PSD program on January 22, 2003
(68 FR 2909) and February 25, 2010 (75 FR 8496).
Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the NAAQS. Because attainment
has been reached, no additional measures are needed to provide for
attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we believe the
Wisconsin SIP meets the requirements of section 110(a)(2) for purposes
of redesignation.
Section 172(c)(9) requires the SIP to provide for the
implementation of contingency measures if the area fails to make
reasonably further progress or to attain the NAAQS by the attainment
deadline. With respect to contingency measures for failure to attain
the NAAQS by the attainment deadline, this requirement is not relevant
for purposes of redesignation because the Inland Sheboygan area has
demonstrated monitored attainment of the 2008 ozone NAAQS. (General
Preamble, 57 FR 13564). See also 40 CFR 51.1118.
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 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.\4\ 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 Inland Sheboygan area. See 79 FR 10995
(February 27, 2014).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
iii. Subpart 2 Section 182(a) and (b) Requirements
Section 182(a)(1) requires states to submit a comprehensive,
accurate, and current inventory of actual emissions from sources of VOC
and NOX emitted within the boundaries of the ozone
nonattainment area. EPA approved Wisconsin's base year emissions
inventory for the entirety of Sheboygan County on March 7, 2016 (81 FR
11673). In its October 9, 2019 submittal, WDNR requested that EPA
replace the previously approved 2011 inventory for all of Sheboygan
County with a 2011 base year emissions inventory for the Inland
Sheboygan area. This inventory is discussed below in section IV.C.2.
and VI. of this proposed rule. EPA is proposing to approve the
inventory for the Inland Sheboygan area for the 2011 nonattainment year
as meeting the section 182(a)(1) base year inventory requirement.
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 RACT rules that were required under
section 172(b)(3) prior to the 1990 CAA amendments. The Inland
Sheboygan area is not subject to the section 182(a)(2) RACT ``fix up''
requirement for the 2008 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
Inland Sheboygan 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 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 already in the SIP at the time of the CAA
amendments, whichever is more stringent. For the purposes of the 2008
ozone standard and the consideration of Wisconsin's redesignation
request for this standard, the Inland Sheboygan area is not subject to
the section 182(a)(2)(B) requirement because the area was designated as
nonattainment for the 2008 ozone standard after the enactment of the
1990 CAA amendments and because Wisconsin complied with this
requirement for the Inland Sheboygan
[[Page 23279]]
area under the prior 1-hour ozone NAAQS.
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. With
regard to stationary source emission statements, EPA approved
Wisconsin's emission reporting program as satisfying the CAA emission
statement requirement on December 6, 1993 (58 FR 64155). In a September
25, 2017 SIP submittal, WDNR certified that this approved SIP
regulation remains in place and remain enforceable for the 2008 ozone
standard. As discussed in section VII., below, EPA is proposing to
approve Wisconsin's emission statement certification SIP as meeting the
section 182(a)(3)(B) requirements of the CAA for the Inland Sheboygan
area for the 2008 ozone NAAQS.
Section 182(b)(1) requires the submission of an attainment
demonstration and RFP plan. Because attainment has been reached,
section 182(b)(1) requirements are no longer considered to be
applicable, as long as the area continues to attain the standard.
Section 182(b)(2) requires states with Moderate nonattainment areas
to implement VOC RACT with respect to each of the following: (1) All
sources covered by a Control Technology Guideline (CTG) document issued
between November 15, 1990, and the date of attainment; (2) all sources
covered by a CTG issued prior to November 15, 1990; and, (3) all other
major non-CTG stationary sources. For the reasons discussed in section
IX., below, EPA is proposing to find that the Wisconsin SIP meets the
section 182(b)(2) Moderate RACT requirements for the Inland Sheboygan
area under the 2008 ozone NAAQS.
Section 182(b)(3) requires states to adopt Stage II gasoline vapor
recovery regulations. On May 16, 2012 (77 FR 28772), EPA determined
that the use of onboard vapor recovery technology for capturing
gasoline vapor when gasoline-powered vehicles are refueled is in
widespread use throughout the highway motor vehicle fleet and waived
the requirement that current and former ozone nonattainment areas
implement Stage II vapor recovery systems on gasoline pumps. EPA
approved a revision to Wisconsin's Stage II program on November 4, 2013
(78 FR 65875).
Section 182(b)(4) requires an I/M program in each state with a
Moderate ozone nonattainment area. EPA approved Wisconsin's I/M program
on August 16, 2001 (66 FR 42949) and approved revisions to the program
on September 19, 2013 (78 FR 57501). On September 25, 2017, WDNR
submitted a SIP certifying that Wisconsin's SIP-approved I/M program
meets the I/M requirements of the CAA for the Inland Sheboygan area for
the 2008 ozone NAAQS. As discussed in section VIII., below, EPA is
proposing to approve Wisconsin's I/M certification SIP as meeting the
I/M requirements of the CAA for the Inland Sheboygan area for the 2008
ozone NAAQS.
Regarding the source permitting and offset requirements of sections
182(a)(2)(C), 182(a)(4), and 182(b)(5), Wisconsin currently has a
fully-approved part D NSR program in place. EPA approved Wisconsin's
NSR SIP on January 18, 1995 (60 FR 3538) and February 7, 2017 (82 FR
9515). Further, EPA approved Wisconsin's SIP revision addressing the
NSR requirements for the 2008 ozone NAAQS, on May 3, 2019 (84 FR
18989). In addition, EPA approved Wisconsin's PSD program on October 6,
2014 (79 FR 60064). The State's PSD program will become effective in
the Inland Sheboygan area upon redesignation of the area to attainment.
Section 182(f) requires states with Moderate nonattainment areas to
implement NOX RACT. EPA approved Wisconsin's NOX
RACT SIP on October 19, 2010 (75 FR 64155). On September 25, 2017, WDNR
submitted a SIP certifying that Wisconsin's SIP-approved NOX
RACT rules meet the NOX RACT requirements of CAA section
182(f) for the Inland Sheboygan area for the 2008 ozone NAAQS. As
discussed in section X., below, EPA is proposing to approve Wisconsin's
NOX RACT certification SIP as meeting the NOX
RACT requirements of the CAA for the Inland Sheboygan area for the 2008
ozone NAAQS.
Thus, as discussed above, with approval of Wisconsin's section
182(1)(1) base year inventory requirement, section 182(a)(3)(B)
emission statement requirements, section 182(b)(2) VOC RACT
requirements, section 182(b)(4) I/M program requirements, and section
182(f) NOX RACT requirements, EPA finds that the Inland
Sheboygan area will satisfy all applicable requirements for purposes of
redesignation under section 110 and part D of title I of the CAA.
2. The Inland Sheboygan 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, if EPA finalizes approval of
Wisconsin's section 182(a)(1) base year inventory requirements, section
182(a)(3)(B) emission statement requirements, section 182(b)(2) VOC
RACT requirements, section 182(b)(4) I/M program requirements, and
section 182(f) NOX RACT requirements, EPA will have fully
approved the Wisconsin SIP for the Inland Sheboygan area under section
110(k) for all requirements applicable for purposes of redesignation
under the 2008 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). Additional
measures may also be approved in conjunction with a redesignation
action (see 68 FR 25426 (May 12, 2003) and citations therein).
C. Are the air quality improvements in the Inland Sheboygan 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 that the observed ozone air quality
improvement in the Inland Sheboygan 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 2011 and 2014. The reduction in emissions and the
corresponding improvement in air quality over this time period can be
attributed to several regulatory control measures that the Inland
Sheboygan area and upwind areas have implemented in recent years. In
addition, Wisconsin provided an analysis to demonstrate the
[[Page 23280]]
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
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.\5\ Through Federal
Implementation Plans, 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). The CSAPR Update is
estimated 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 by
the attainment years and additional emission reductions will occur
throughout the maintenance period.
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\5\ 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, which were phased in between 2004 and 2006. By 2006, refiners
and importers 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 on-road emission modeling for the Inland
Sheboygan area, the majority of these emission reductions occurred by
the attainment years and additional emission reductions will occur
throughout the maintenance period, as remaining 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 is being phased in between 2017 and 2025. Tier 3 sets
new tailpipe standards for non-methane organic gases (NMOG) and
NOX, presented as NMOG+NOX, and for particulate
matter. 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 particulate matter (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 previous standards and
apply to all light-duty and on-road gasoline-powered heavy-duty
vehicles. Finally, the rule lowered the sulfur content of gasoline to
an annual average of 10 ppm by January 2017. As projected by these
estimates and demonstrated in the on-road emission modeling for the
Inland Sheboygan 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
on-road 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
addition, the rule reduced the highway diesel fuel sulfur content to 15
parts per million 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. EPA
estimated that by 2015 NOX and VOC emissions would decrease
nationally by 1,260,000 tons and 54,000 tons, respectively, and that by
2030 NOX and VOC emissions will decrease nationally by
2,570,000 tons and 115,000 tons, respectively. As projected by these
estimates and demonstrated in the on-road emission modeling for the
Inland
[[Page 23281]]
Sheboygan 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.
Non-road Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a
rule adopting emissions standards for non-road diesel engines and
sulfur reductions in non-road diesel fuel. This rule applies to diesel
engines used primarily in construction, agricultural, and industrial
applications. Emission standards were phased in for the 2008 through
2015 model years based on engine size. The sulfur limits for non-road
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 non-road diesel engines by
approximately 90%. As projected by these estimates and demonstrated in
the non-road emission modeling for the Inland Sheboygan area, some of
these emission reductions occurred by the attainment years and
additional emission reductions will occur throughout the maintenance
period.
Non-road 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 were
phased in from model years 2004 through 2012. When fully implemented,
EPA estimates an overall 72% reduction in national VOC emissions from
these engines and an 80% reduction in national NOX
emissions. As projected by these estimates and demonstrated in the non-
road emission modeling for the Inland Sheboygan 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
apply 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 apply 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 non-road
emission modeling for the Inland Sheboygan area, some of these emission
reductions occurred by the attainment years and additional emission
reductions will occur throughout the maintenance period.
2. Emission Reductions
Wisconsin is using a 2011 emissions inventory as the nonattainment
year. Although the Sheboygan Haven monitor in the Inland Sheboygan area
was not yet operational in 2011, this is appropriate because it was one
of the years used to designate the area as nonattainment due to an
exceedance of the NAAQS at the Sheboygan Kohler-Andrae monitor.
Wisconsin is using 2014 as the attainment year, which is appropriate
because the Sheboygan Haven monitor in the Inland Sheboygan area began
operating in 2014, and the monitor attained the NAAQS in the 2014
attainment year and every year thereafter.
Point source inventory. Wisconsin created the point source emission
inventory using annually reported point source emissions, EPA's Clean
Air Markets Division database, and approved EPA techniques for
emissions calculation (e.g., emission factors) for 2011 and 2014 point
source emissions from state inventory databases.
There is one EGU point source facility located in the Inland
Sheboygan County area. For this facility, WDNR used the maximum daily
heat input reported in EPA's Clean Air Markets Division (CAMD) database
as a conservative estimate of summer day heat input during the 2011 and
2014 ozone seasons. The summer day emissions were then calculated by
multiplying the maximum daily heat input by an average NOX
and VOC emission rate.
Wisconsin tabulated the 2011 and 2014 emissions inventories for
non-EGU point sources using the emissions data reported annually by
each facility operator to the Wisconsin air emissions inventory (AEI).
The AEI calculates emissions for each individual emissions unit or
process line by multiplying fuel or process throughput by the
appropriate emission factor that is derived from mass balance analysis,
stack testing, continuous emissions monitoring, engineering analysis,
or EPA's Factor Information Retrieval database. The emission
calculations in the AEI also account for any operating control
equipment.
Nonpoint (area) source inventory. For the 2011 nonattainment year,
nonpoint source emissions inventory estimates were based on the 2011
National Emissions Inventory (NEI) version 2, except for the
residential and commercial portable fuel containers and Stage II
refueling categories.\6\ Emission calculation methodologies used in
developing 2011 nonpoint emissions inventory are available in EPA's
2011 NEI, version 2 TSD.\7\
---------------------------------------------------------------------------
\6\ For the 2011 nonattainment year, WDNR back-calculated VOC
emissions for commercial portable fuel containers from WDNR's 2014
emission estimates and EPA's 2017 emission estimates. For the 2011
nonattainment year and 2014 attainment year, WDNR estimated
emissions from vehicle refueling at gasoline stations (Stage II
refueling) using EPA's MOVES2014a model with the same activity
inputs used for the on-road modeling.
\7\ https://www.epa.gov/sites/production/files/2015-10/documents/nei2011v2_tsd_14aug2015.pdf.
---------------------------------------------------------------------------
For the 2014 attainment year, nonpoint source emissions inventory
estimates were based on the data interpolation between 2011 NEI version
2 and EPA's 2017 emissions modeling inventory, except for the Stage II
refueling category. Methodologies used to develop 2017 emissions
modeling inventory are available in EPA's 2011 version 6.3 emissions
modeling platform.\8\
---------------------------------------------------------------------------
\8\ https://www.epa.gov/air-emissions-modeling/2011-version-63-platform.
---------------------------------------------------------------------------
In order to obtain the area source emissions for the Inland
Sheboygan County area, the whole county emission estimates were
allocated to the partial county based on population data. The Sheboygan
County population for 2014 was estimated by interpolating the
population between 2013 and 2015 population data from the Wisconsin
Department of Administration. The partial county population was
identified based on the relative population of the Minor Civil
Divisions in the Inland Sheboygan County area compared with the entire
county. For 2011 and 2014, 48% of the county's population was estimated
to live in the Inland Sheboygan County area.
On-road mobile source inventory. On-road mobile sources are
motorized mobile equipment that are primarily used on public roadways.
Examples of on-road mobile sources include cars, trucks, buses and road
motorcycles. Wisconsin used the Motor Vehicle Emission Simulator
(MOVES), EPA's recommended mobile source model, to develop on-road
emissions rates. The version used was MOVES2014b.
The modeling inputs to MOVES include detailed transportation data
(e.g., vehicle-miles of travel by vehicle class, road class and hour of
day, and average speed distributions), which were provided by the
Wisconsin Department of Transportation.
Non-road mobile source inventory. The methodology for the 2011 and
2014 non-road emissions categories were developed using EPA's
MOVES2014b
[[Page 23282]]
model, using the same summer day temperatures used for the on-road
modeling. The model was run for Sheboygan County for the months of
June, July and August. Summer day emissions were calculated by dividing
the total emissions over these three months by 92 (the number of days
in the three months). Emissions were then allocated from the full
county to the Inland Sheboygan area based on surrogates such as
population, land area and water area, depending on the category.
For commercial marine, aircraft and rail locomotive (MAR)
categories, for the 2011 nonattainment year, the annual emissions
estimates used for Sheboygan County are those in EPA's 2011 NEI version
2. For the 2014 attainment year, annual emissions estimates for
Sheboygan County were based on the data interpolation between 2011 NEI
version 2 and EPA's 2017 emissions modeling inventory.
Summer day emissions for these MAR categories were estimated by
dividing the annual emissions by 365. This same value was used in EPA's
2011 version 6.3 emissions modeling platform. The allocation of the
full county emissions to the Inland Sheboygan area is based on
surrogates such as population, land area and water area, depending on
the MAR category.
Using the inventories described above, Wisconsin's submittal
documents changes in VOC and NOX emissions from 2011 to 2014
for the Inland Sheboygan area. Emissions data are shown in Table 2.
Data are expressed in terms of tons per summer day (TPSD). Due to
rounding, some totals may not correspond with the sum of the separate
categories, and some net change amounts may not correspond with the
difference of the separate years.
Table 2--NOX and VOC Emissions in the Inland Sheboygan Area for the 2011 Nonattainment Year and 2014 Attainment Year (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
------------------------------------------------------------------------------------------------
Net change Net change
2011 2014 (2011-2014) 2011 2014 (2011-2014)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point--EGU............................................. 0.48 0.53 +0.05 0.04 0.04 0.00
Point--non-EGU......................................... 0.82 0.86 +0.04 1.10 1.10 0.00
Area................................................... 0.63 0.63 0.00 2.95 2.96 +0.01
On-road................................................ 2.60 1.90 -0.70 1.26 0.90 -0.36
Non-road............................................... 2.10 1.74 -0.36 2.29 1.92 -0.37
------------------------------------------------------------------------------------------------
Total.............................................. 6.62 5.66 -0.96 7.65 6.91 -0.74
--------------------------------------------------------------------------------------------------------------------------------------------------------
As shown in Table 2, NOX and VOC emissions in the Inland
Sheboygan area declined by 0.96 TPSD and 0.74 TPSD, respectively,
between 2011 and 2014.
3. Meteorology
To further support Wisconsin's demonstration that the improvement
in air quality is due to permanent and enforceable emission reductions
and not unusually favorable meteorology, an analysis was performed by
WDNR. Because the Sheboygan Haven monitor in the Inland Sheboygan area
was not operational until 2014, WDNR lacks long-term meteorological
data from the Sheboygan Haven site. However, in its February 11, 2020
request that EPA redesignate the Shoreline Sheboygan area, WDNR
submitted a meteorological analysis based on 19 years of data collected
at the Sheboygan Kohler-Andrae monitor, which is approximately 11 miles
from the Haven monitor. Because data from the Sheboygan Kohler-Andrae
monitor were used in the initial nonattainment designation of the area,
and because this is the closest ozone monitor with sufficient data to
perform a longer term analysis of ozone trends vs. meteorological
indicators, this analysis is appropriate for purposes of demonstrating
that the improvement in air quality in the Inland Sheboygan area is due
to permanent and enforceable emissions reductions rather than favorable
meteorology.
In its February 11, 2020 submittal, Wisconsin analyzed the maximum
fourth-highest 8-hour ozone values for May, June, July, August, and
September, for years 2001 to 2019. First, the maximum 8-hour ozone
concentration at the Sheboygan Kohler-Andrae monitor was compared to
the number of days where the maximum temperature was greater than or
equal to 80 [deg]F. Second, WDNR examined the relationship between the
average summer temperature for each year of the 2001-2019 period and
the fourth-highest 8-hour ozone concentration. These analyses show that
over the last 19 years, ozone concentrations at the Kohler-Andrae
monitor have decreased substantially. In contrast, temperatures have
remained relatively constant, with an increase in the number of hot
days and a slight decrease in the average season temperature. Because
the correlation between temperature and ozone formation is well
established, these data suggest that reductions in precursors are
responsible for the reductions in ozone concentrations in the area, and
not unusually favorable summer temperatures.
As discussed above, Wisconsin identified numerous Federal rules
that resulted in the reduction of VOC and NOX emissions from
2011 to 2014. In addition, Wisconsin's analyses of meteorological
variables associated with ozone formation demonstrate that the
improvement in air quality in the area between the year violations
occurred and the year attainment was achieved is not due to unusually
favorable meteorology. Therefore, EPA finds that Wisconsin has shown
that the air quality improvements in the Inland Sheboygan area are due
to permanent and enforceable emissions reductions.
D. Does Wisconsin have a fully approvable ozone maintenance plan for
the Inland Sheboygan area?
To redesignate an area from nonattainment 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
[[Page 23283]]
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 emission 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
Inland Sheboygan area to attainment for the 2008 ozone NAAQS, Wisconsin
submitted a SIP revision to provide for maintenance of the 2008 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
As discussed above, the Sheboygan Haven monitor in the Inland
Sheboygan area has shown attainment of the standard since 2014.
Wisconsin selected 2014 as the attainment emissions inventory year to
establish attainment emission levels for VOC and NOX. The
attainment emissions inventory identifies the levels of emissions in
the Inland Sheboygan area that are sufficient to attain the 2008 ozone
NAAQS. The derivation of the attainment year emissions is discussed
above in section IV.C.2. of this proposed rule. The emissions for the
2014 attainment year, by source category, are summarized in Table 2
above.
2. Has the state documented maintenance of the ozone standard in the
Inland Sheboygan area?
Wisconsin has demonstrated maintenance of the 2008 ozone NAAQS
through 2030 by ensuring that current and future emissions of VOC and
NOX for the Inland Sheboygan area remain at or below
attainment year emission levels. A maintenance demonstration need not
be 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 2020 and
2030 to demonstrate maintenance. 2030 was selected because it is 10
years after the expected effective date of the redesignation to
attainment, and 2020 was selected to demonstrate that emissions are not
expected to spike in the interim between the 2014 attainment year and
the 2030 final maintenance year. The emissions inventories were
developed as described below.
Wisconsin estimated the future year point source emissions by
applying growth factors to the 2014 attainment year emissions
inventory, as well as considering new and modified sources. Wisconsin's
2020 area source emissions were estimated primarily by interpolating
between EPA's 2017 and 2028 modeling inventories, while 2030 area
source emissions were estimated primarily by extrapolating EPA's 2023
and 2028 modeling inventories.
The 2020 and 2030 projected on-road and non-road emissions, except
for MAR categories, were developed using the MOVES2014a model, as was
the case for the 2011 and 2014 emissions. However, for the two MAR
categories of aircraft and rail locomotive, the 2020 and 2030 emissions
were calculated by linearly interpolating or extrapolating from the
2017, 2023 and, where available, 2028 values from EPA's 2011 Emissions
Modeling Platform, Version 6.3.
Emissions data for the 2011 nonattainment year, 2014 attainment
year, 2020 interim year, and 2030 maintenance year are shown in Tables
3 and 4 below. Data are expressed in terms of TPSD. Due to rounding,
some totals may not correspond with the sum of the separate categories,
and some net change amounts may not correspond with the difference of
the separate years.
Table 3--NOX Emissions in the Inland Sheboygan Area for the 2011 Nonattainment Year, 2014 Attainment Year, 2020
Interim Year, and 2030 Maintenance Year (TPSD)
----------------------------------------------------------------------------------------------------------------
Net change
2011 2014 2020 2030 (2014-2030)
----------------------------------------------------------------------------------------------------------------
Point--EGU...................... 0.48 0.53 0.62 0.62 +0.09
Point--non-EGU.................. 0.82 0.86 0.99 1.06 +0.20
Area............................ 0.63 0.63 0.64 0.65 +0.02
On-road......................... 2.60 1.90 1.16 0.54 -1.35
Non-road........................ 2.10 1.74 1.22 0.86 -0.89
-------------------------------------------------------------------------------
Total....................... 6.62 5.66 4.63 3.73 -1.93
----------------------------------------------------------------------------------------------------------------
Table 4--VOC Emissions in the Inland Sheboygan Area for the 2011 Nonattainment Year, 2014 Attainment Year, 2020
Interim Year, and 2030 Maintenance Year (TPSD)
----------------------------------------------------------------------------------------------------------------
Net change
2011 2014 2020 2030 (2014-2030)
----------------------------------------------------------------------------------------------------------------
Point--EGU...................... 0.04 0.04 0.04 0.04 0.00
Point--non-EGU.................. 1.10 1.10 1.26 1.36 +0.26
Area............................ 2.95 2.96 2.90 2.83 -0.13
On-road......................... 1.26 0.90 0.65 0.34 -0.56
Non-road........................ 2.29 1.92 1.38 1.21 -0.71
-------------------------------------------------------------------------------
Total....................... 7.65 6.91 6.24 5.78 -1.13
----------------------------------------------------------------------------------------------------------------
As shown in Tables 3 and 4, NOX and VOC emissions in the
Inland Sheboygan area are projected to decrease by 1.93 TPSD and 1.13
TPSD, respectively, between the 2014 attainment year and 2030
maintenance year. Wisconsin's
[[Page 23284]]
maintenance demonstration for the Inland Sheboygan area shows
maintenance of the 2008 ozone NAAQS by providing emissions information
to support the demonstration that future emissions of NOX
and VOC will remain at or below 2014 emission levels when considering
both future source growth and implementation of future controls.
3. Continued Air Quality Monitoring
Wisconsin has committed to continue to operate the Sheboygan Haven
monitor in the Inland Sheboygan area. 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, 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 Inland
Sheboygan area. This includes the authority to adopt, implement, and
enforce any subsequent 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 the area's emissions inventory. Wisconsin will continue to
operate the current ozone monitor located in the Inland Sheboygan 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 EPA.
In addition, to track future levels of emissions, Wisconsin will
continue to develop and submit to EPA updated emission inventories for
all source categories 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 on December 17, 2008 (73 FR 76539).
The most recent triennial inventory for Wisconsin was compiled for
2014. Point source facilities covered by Wisconsin's emission statement
rule, Wisconsin Administrative Code NR 438, will continue to submit VOC
and NOX emissions on an annual basis.
5. What is the contingency plan for the Inland Sheboygan area?
Section 175A of the CAA requires that the state 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
contingency plan for the Inland Sheboygan area to address possible
future ozone air quality problems. The contingency 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-highest monitored value of 0.075 ppm or higher is
monitored within the maintenance area. A warning level response will
require Wisconsin to conduct a study. The study would include the two
elements. The first element would assess whether actual emissions have
deviated significantly from the emissions projections contained in this
maintenance plan for the area, along with an evaluation of which
sectors and states are responsible for any emissions increases. Second,
Wisconsin would investigate whether unusual meteorological conditions
during the high-ozone year led to the high monitored ozone
concentrations. 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 consider ease and timing of
implementation, as well as economic and social impacts, and will be
completed no later than May 1st of the next season. Implementation of
necessary controls in response to a warning level response trigger will
occur within 18 months.
In Wisconsin's plan, an action level response would be triggered if
a three-year design value exceeds the level of the 2008 ozone NAAQS
(0.075 ppm). When an action level response is triggered, Wisconsin will
determine what additional control measures are needed to assure future
attainment of the 2008 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. However, Wisconsin is not limited to
the measures on this list:
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
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. Wisconsin notes that because it is not possible to
determine what control measures will be appropriate in the future, the
list is not comprehensive.
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 Inland Sheboygan 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
Inland Sheboygan area 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
[[Page 23285]]
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 ensuring
conformity of transportation activities to a SIP. Transportation
conformity is a requirement for nonattainment and maintenance areas.
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 2008 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) to address pollution from on-road 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.
As discussed earlier, Wisconsin's maintenance plan includes
NOX and VOC MVEBs for the Inland Sheboygan area for 2020,
which is an interim year, as well as 2030, which is the last year of
the maintenance period. 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
emissions sources, are consistent with maintenance of the 2008 ozone
NAAQS.
Table 5--MVEBs for the Inland Sheboygan Area for the 2020 Interim Year
and 2030 Maintenance Year
[Tons per hot summer day]
------------------------------------------------------------------------
Year NOX VOC
------------------------------------------------------------------------
2020.................................................. 1.16 0.65
2030.................................................. 0.54 0.34
------------------------------------------------------------------------
EPA is proposing to approve the MVEBs for use to determine
transportation conformity in the Inland Sheboygan area, because EPA has
determined that the area can maintain attainment of the 2008 ozone
NAAQS for the relevant maintenance period with mobile source emissions
at the levels of the MVEBs.
B. 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 Tables 3 and 4,
the emissions in the Inland Sheboygan area are projected to have safety
margins of 1.93 TPSD for NOX and 1.13 TPSD for VOC in 2030
(the difference between emissions in the 2014 attainment year, and
projected emissions in the 2030 maintenance year, for all sources in
the Inland Sheboygan area). Similarly, there is a safety margin of 1.03
TPSD for NOX and 0.67 TPSD for VOC in 2020. Even if
emissions exceeded projected levels by the full amount of the safety
margin, the counties would still demonstrate maintenance since emission
levels would equal those in the attainment year.
Wisconsin is not allocating any of the safety margin to the mobile
source sector. Wisconsin can request an allocation to the MVEBs of the
available safety margins reflected in the demonstration of maintenance
in a future SIP revision.
VI. Base Year Emissions Inventory
As discussed above, section 182(a)(1) of the CAA requires areas to
submit a base year emissions inventory. As part of Wisconsin's
redesignation request for the Inland Sheboygan area, the State
submitted a 2011 base year emissions inventory. This inventory is
discussed above in section IV.C.2. and summarized in Table 2. EPA is
proposing to approve this 2011 base year inventory as meeting the
section 182(a)(1) emissions inventory requirement for the Inland
Sheboygan area.
VII. Emissions Statement
Section 182(a)(3)(B) of the CAA requires states with ozone
nonattainment areas to submit revisions to their SIP to require the
owner or operator of each major stationary source of NOX or
VOC to provide the state with an annual statement documenting the
actual emissions of NOX and VOC from their source. Under
section 182(a)(3)(B)(ii), a state may waive the emissions statement
requirement for any class or category of stationary sources which emits
less than 25 tons per year of VOC or NOX if the state, in
its base year emissions inventory, provides an inventory of emissions
from such class or category of sources. States and EPA have generally
interpreted this waiver provision to apply to sources (without
specification of a specific source class or source category) emitting
less than 25 tons per year of VOC or NOX.
Many states, including Wisconsin, adopted these emissions statement
rules for the 1-hour ozone NAAQS. For these states, EPA is accepting
certifications that their previously adopted emissions statement rules
remain in place and are adequate to meet the emissions statement rule
requirement under the 2008 ozone standard.
Under NR 438 of the Wisconsin Administrative Code, Wisconsin
requires annual NOX and VOC emission reporting from any
facility in the State that emits NOX above 10,000 pounds (5
tons) per year and VOC above 6,000 pounds (3 tons) per year. This
includes facilities in nonattainment areas such as the Inland Sheboygan
area for the 2008 ozone NAAQS. EPA previously approved NR 438 into the
Wisconsin SIP on December 6, 1993 (58 FR 64155).
In a September 25, 2017, SIP submission, WDNR certified that this
approved SIP regulation remains in place and remains enforceable for
the 2008 ozone NAAQS.
Because Wisconsin has an EPA approved SIP provision requiring
stationary sources to report annually their NOX emissions
over 5 tons and VOC emissions over 3 tons, EPA is proposing to approve
Wisconsin's emissions statement certification SIP as meeting the
requirement of section 182(a)(3)(B) of the CAA for the 2008 ozone for
the Inland Sheboygan area.
VIII. Motor Vehicle I/M
The requirement to adopt a motor vehicle I/M program for Moderate
ozone nonattainment areas is described in CAA section 182(b)(4) and the
regulations for basic and enhanced I/M
[[Page 23286]]
programs are found at 40 CFR part 51, subpart S. Under these cumulative
requirements, states with areas classified as Moderate nonattainment
for ozone with 1990 Census-defined urbanized populations of 200,000 or
more are required to adopt basic I/M programs, while Serious and higher
classified ozone nonattainment areas outside of the northeast ozone
transport region with 1980 Census-defined urbanized populations of
200,000 or more are required to adopt enhanced I/M programs.
Wisconsin's I/M program has been in operation since 1984. It was
originally implemented in accordance with the 1977 CAA Amendments and
operated in the six counties of Kenosha, Milwaukee, Ozaukee, Racine,
Washington and Waukesha. Sheboygan County was added to the program in
July 1993, resulting in a seven-county program area that has remained
to the present. In 1995, Wisconsin transitioned to an enhanced I/M
program. EPA approved Wisconsin's I/M program on August 16, 2001 (66 FR
42949) and approved revisions to the program on September 19, 2013 (78
FR 57501). Wisconsin's approved I/M program in the SIP is consistent
with the requirements of 40 CFR part 51, subpart S, for the alternate
low enhanced performance standards. In its September 25, 2017,
submission, Wisconsin certified that it still meets the Federal I/M
performance requirement. Therefore, EPA is proposing to find that
Wisconsin has met the I/M requirement for the Inland Sheboygan area for
the 2008 ozone NAAQS.
IX. VOC RACT
Sections 172(c)(1) and 182(b)(2) of the CAA require states to
implement RACT in ozone nonattainment areas classified as Moderate (and
higher). Specifically, these areas are required to implement RACT for
all major VOC and NOX emissions sources and for all sources
covered by a CTG. A CTG is a document issued by EPA which establishes a
``presumptive norm'' for RACT for a specific VOC source category.
States must submit rules, or negative declarations when no such sources
exist for CTG source categories.
EPA's SIP Requirements Rule for the 2008 ozone NAAQS provides
several pathways by which states may meet RACT requirements. States can
meet the RACT requirements associated with the 2008 ozone NAAQS either
through: (1) A certification that previously adopted RACT controls in
their SIP approved by EPA under a prior ozone NAAQS continue to
represent adequate RACT control levels for attainment of the 2008 ozone
NAAQS; (2) through the adoption of new or more stringent regulations or
controls that represent RACT control levels; and/or (3) a negative
declaration if there are no source categories subject to certain CTGs
within the nonattainment area.
Wisconsin previously addressed RACT requirements in the Inland
Sheboygan area in developing attainment plans for the 1979 and 1997
ozone standards. Wisconsin has previously adopted RACT rules for VOC
emission sources in its nonattainment areas under Wisconsin
Administrative Code NR 420. Wisconsin has evaluated the previously
adopted regulations and determined that these rules still satisfy RACT.
Wisconsin's submittal describes the VOC RACT program for the Inland
Sheboygan area. The submittal provided a list of the CTGs for which
RACT requirements have been codified in Wisconsin Administrative Code.
Wisconsin has not adopted VOC RACT regulations for four CTGs:
Shipbuilding and ship repair, aerospace manufacturing, fiberglass boat
manufacturing, and the oil and natural gas industry. In addition, while
Wisconsin has adopted rules to cover industrial adhesive use, metal and
plastic parts coatings, and automobile and light-duty truck
manufacturing, Wisconsin's Administrative Code does not reflect the
most recently published CTG for these three categories.
Wisconsin preformed an applicability analysis for these seven
categories in the Inland Sheboygan nonattainment area. Wisconsin's
analysis took the following steps: First, Wisconsin relied on the
Wisconsin Air Emissions Inventory to create a list of all the VOC
emitting facilities in the Inland Sheboygan area. Wisconsin searched
the list for facilities having the applicable CTG Standard Industrial
Classification (SIC) codes. Second, Wisconsin searched the Wisconsin
Air Resource Program database, which contains facility and emissions
information about all Wisconsin companies that have obtained an air
pollution control permit, for sources located within the partial county
nonattainment area with the applicable SIC codes. Third, Wisconsin
searched the membership directories found on the applicable SIC code
organizations' websites. Finally, Wisconsin searched the ReferenceUSA
database for facilities located within the Inland Sheboygan area with
the SIC codes listed above.
Wisconsin's analysis determined that there are no facilities in the
Inland Sheboygan area for the shipbuilding and ship repair, aerospace
manufacturing, fiberglass boat manufacturing, oil and natural gas
industry, miscellaneous industrial adhesives, metal and plastic parts
coatings, and automobile and light-duty truck assembly coatings
categories. These are the seven categories in which Wisconsin has not
adapted the most recently published CTGs. Wisconsin provided Negative
Declarations for these CTG categories.
In summary, Wisconsin has certified that the VOC RACT rules
previously adopted by the state and approved into Wisconsin's SIP
continue to meet VOC RACT requirements for the area under the 2008
ozone NAAQS. Wisconsin has adequately documented its analysis of
sources in the area to support its negative declarations for categories
in which Wisconsin has not adopted the most recently published CTGs.
EPA finds Wisconsin's VOC RACT SIP submittal to be approvable as
meeting the Moderate VOC RACT requirements of section 182(b)(2) of the
CAA.
X. NOX RACT
Section 182(f) of the CAA requires RACT level controls for major
stationary sources of NOX located in Moderate ozone
nonattainment areas. Section 302 of the CAA defines a major stationary
source as any facility which has the potential to emit 100 tons per
year of any air pollutant. RACT is defined as the lowest emission
limitation that a particular source is capable of meeting by the
application of control technology that is reasonably available
considering technological and economic feasibility. On October 19,
2010, EPA approved Wisconsin's NOX RACT program into the SIP
for purposes of the 1997 ozone NAAQS (75 FR 64155). Wisconsin's
NOX RACT requirements are codified at NR 428.20 to 428.26 of
the Wisconsin Administrative Code. Wisconsin's NOX RACT
rules are applicable to major stationary sources of NOX
located in Wisconsin's Moderate ozone nonattainment areas, including
the Inland Sheboygan area. On September 25, 2017, WDNR submitted a SIP
certifying that Wisconsin's SIP-approved NOX RACT rules meet
the NOX RACT requirements of CAA section 182(f) for the
Inland Sheboygan area for the 2008 ozone NAAQS. Because Wisconsin has
EPA-approved NOX RACT rules applicable to Inland Sheboygan
area sources in its SIP, EPA is proposing to find that Wisconsin has
satisfied the NOX RACT requirements for the Inland Sheboygan
area for the 2008 ozone NAAQS.
XI. What is EPA's analysis of Wisconsin's redesignation request for the
1997 ozone NAAQS?
On March 6, 2015, EPA revoked the 1997 ozone NAAQS along with
[[Page 23287]]
associated designations and classifications (80 FR 12264). Thus, the
Inland Sheboygan area has no designation under the 1997 ozone NAAQS
that can be changed through redesignation as governed by CAA section
107(d)(3)(E). Therefore, EPA is not proposing a redesignation of the
Inland Sheboygan area for the 1997 ozone NAAQS under CAA section
107(d)(3)(E).
However, in evaluating Wisconsin's request to redesignate the
Inland Sheboygan area under the 2008 ozone standard, EPA determined
that the area has met the five criteria in section 107(d)(3)(E) for
redesignation, including the requirement that Wisconsin meet all
applicable requirements of section 110 and part D of the CAA for the
Inland Sheboygan area, and have a fully approved SIP for the area under
section 110(k) of the CAA. As part of that evaluation, EPA has
determined that Wisconsin has a fully approved SIP and meets the anti-
backsliding requirements under the 1997 ozone standard as codified at
40 CFR 51.1105(a)(1) and 40 CFR 51.1100(o).
XII. What action is EPA taking?
EPA is proposing to determine that the Inland Sheboygan
nonattainment area is attaining the 2008 ozone NAAQS, based on quality-
assured and certified monitoring data for 2017-2019. EPA is proposing
to determine that upon final approval of Wisconsin's 2011 base year
emissions inventory, emission statement certification SIP, VOC RACT
SIP, I/M certification SIP, and NOX RACT certification SIP,
the area will have 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 Inland Sheboygan area from nonattainment to
attainment for the 2008 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 Inland Sheboygan
area in attainment of the 2008 ozone NAAQS through 2030. EPA finds
adequate and is proposing to approve the newly-established 2020 and
2030 MVEBs for the Inland Sheboygan area.
XIII. 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 in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: April 15, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
[FR Doc. 2020-08403 Filed 4-24-20; 8:45 am]
BILLING CODE 6560-50-P
