Air Plan Approval; Wisconsin; Redesignation of the Newport State Park Area in Door County to Attainment of the 2015 Ozone NAAQS, 35377-35379 [2020-10569]
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[FR Doc. 2020–12580 Filed 6–5–20; 4:15 pm]
BILLING CODE 4710–25–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2020–0042; FRL–10009–
61–Region 5]
Air Plan Approval; Wisconsin;
Redesignation of the Newport State
Park Area in Door County to
Attainment of the 2015 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) finds that the Newport
State Park area in Door County
Wisconsin is attaining the 2015 ozone
National Ambient Air Quality Standard
(NAAQS or standard). EPA is acting in
accordance with a request from the
Wisconsin Department of Natural
Resources (WDNR) to redesignate the
area to attainment for the 2015 ozone
NAAQS because the request meets the
statutory requirements for redesignation
under the Clean Air Act (CAA), which
WDNR submitted on January 27, 2020.
EPA is also approving, as a revision to
the Wisconsin State Implementation
Plan (SIP), the State’s plan for
maintaining the 2015 ozone NAAQS
through 2030 in the area. Finally, EPA
finds adequate and is approving
Wisconsin’s 2023 and 2030 volatile
organic compound (VOC) and oxides of
nitrogen (NOX) Motor Vehicle Emission
Budgets (MVEBs) for the area.
DATES: This final rule is effective June
10, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2020–0042. All
documents in the docket are listed in
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either through
https://www.regulations.gov, or please
contact the person identified in the FOR
SUMMARY:
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35377
section
for additional availability information.
FOR FURTHER INFORMATION CONTACT:
Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6832,
Liljegren.Jennifer@epa.gov. The EPA
Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding Federal holidays and facility
closures due to COVID 19.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
FURTHER INFORMATION CONTACT
I. What is being addressed in this
document?
This rule takes action on the January
27, 2020, submission from WDNR
requesting redesignation of the Newport
State Park area in Door County,
Wisconsin to attainment for the 2015
ozone standard. The background for this
action is discussed in detail in EPA’s
proposal, dated March 13, 2020 (85 FR
14608). In that rulemaking, we noted
that, under EPA regulations at 40 CFR
part 50, the 2015 ozone NAAQS is
attained in an area when the 3-year
average of the annual fourth highest
daily maximum 8-hour average ozone
concentration is equal to or less than
0.070 parts per million, when truncated
after the third decimal place, at all of
the ozone monitoring sites in the area.
(See 40 CFR 50.19 and appendix U of
part 50.) Under the CAA, EPA may
redesignate nonattainment areas to
attainment if sufficient, complete,
quality-assured data are available to
determine that the area has attained the
standard and meets the other CAA
redesignation requirements in section
107(d)(3)(E). The proposed rule
provides a detailed discussion of how
Wisconsin has met these CAA
requirements.
As discussed in the proposed rule,
quality-assured and certified monitoring
data for 2017–2019 show that the area
has attained the 2015 ozone standard. In
the maintenance plan submitted for the
area, Wisconsin has demonstrated that
the ozone standard will be maintained
in the area through 2030. Finally,
Wisconsin has adopted 2023 and 2030
VOC and NOX MVEBs for the area that
are supported by Wisconsin’s
maintenance demonstration.
II. What comments did we receive on
the proposed rule?
EPA provided a 30-day review and
comment period for the March 13, 2020,
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Federal Register / Vol. 85, No. 112 / Wednesday, June 10, 2020 / Rules and Regulations
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proposed rule. The comment period
ended on April 13, 2020. We received
an anonymous request for an extension
to the comment period; however,
inadequate grounds for the extension
were asserted, and we did not grant that
request. Finalizing this action will not
pose a risk to public health and the
environment, since the area has clean
monitoring data for the air pollutant in
question and the area has met all the
applicable CAA requirements for
redesignation.
III. What action is EPA taking?
EPA is determining that the Newport
State Park nonattainment area in Door
County Wisconsin is attaining the 2015
ozone standard, based on qualityassured and certified monitoring data
for 2017–2019 and that the area has met
the requirements for redesignation
under section 107(d)(3)(E) of the CAA.
EPA is thus changing the legal
designation of the area from
nonattainment to attainment for the
2015 ozone standard. EPA is also
approving, as a revision to the
Wisconsin SIP, the State’s maintenance
plan for the area. The maintenance plan
is designed to keep the area in
attainment of the 2015 ozone NAAQS
through 2030. Finally, EPA finds
adequate and is approving the newlyestablished 2023 and 2030 MVEBs for
the area.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for these
actions to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. This rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, this rule relieves the State of
planning requirements for this ozone
nonattainment area. For these reasons,
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EPA finds good cause under 5 U.S.C.
553(d)(3) for these actions to become
effective on the date of publication of
these actions.
IV. 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);
PO 00000
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 10, 2020. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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Federal Register / Vol. 85, No. 112 / Wednesday, June 10, 2020 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
2. Section 52.2585 is amended by
adding paragraph (jj) to read as follows:
■
§ 52.2585
Control strategy: Ozone.
*
*
*
*
*
(jj) Redesignation. Approval—On
January 27, 2020, Wisconsin submitted
a request to redesignate the Newport
State Park area in Door County to
attainment of the 2015 8-hour ozone
standard. As part of the redesignation
request, the State submitted a
maintenance plan as required by section
175A of the Clean Air Act. Elements of
the section 175 maintenance plan
include a contingency plan and an
obligation to submit a subsequent
maintenance plan revision in eight years
as required by the CAA. The ozone
maintenance plan also establishes 2023
and 2030 Motor Vehicle Emission
Budgets (MVEBs) for the area. The 2023
MVEBs for the area are 0.00027 tpd for
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: May 12, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
Title 40 CFR parts 52 and 81 are
amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
VOC and 0.00032 tpd for NOX. The 2030
MVEBs for the area are 0.00019 tpd for
VOC and 0.00016 tpd for NOX.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
4. Section 81.350 is amended by
revising the entry for ‘‘Door County,
WI’’ in the table entitled ‘‘Wisconsin2015 8-Hour Ozone NAAQS [Primary
and Secondary]’’ to read as follows:
■
§ 81.350
*
*
Wisconsin.
*
*
*
WISCONSIN—2015 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation
Classification
Designated area 1
Date 2
*
*
Door County, WI .............................
Door County (part):
Newport State Park Boundary.
*
*
6/10/2020
*
Type
Date 2
*
Attainment ......................................
*
........................
*
*
Type
*
*
Marginal (Rural Transport).
*
*
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
*
*
*
*
*
Final rule; date of effectiveness
for collection-of-information
requirements; correcting amendment.
ACTION:
[FR Doc. 2020–10569 Filed 6–9–20; 8:45 am]
BILLING CODE 6560–50–P
NMFS announces approval by
the Office of Management and Budget
(OMB) of collection-of-information
requirements contained in regulations
published in a final rule on December
20, 2019. The final rule implements
International Maritime Organization
(IMO) requirements in Inter-American
Tropical Tuna Commission (IATTC)
Resolution C–18–06 (Resolution
(Amended) on a Regional Vessel
Register) and amendments to existing
regulations governing inclusion on the
IATTC Regional Vessel Register (Vessel
Register) by purse seine vessels fishing
in the eastern Pacific Ocean (EPO). The
intent of this final rule is to inform the
public of the effectiveness of the
collection-of-information requirements
associated with the final rule. This final
SUMMARY:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 216 and 300
[Docket No. 200507–0131]
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RIN 0648–BH48
International Fisheries; Pacific Tuna
Fisheries; Procedures for the Active
and Inactive Vessel Register
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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rule also corrects the regulatory text to
implement two collection-ofinformation requirements that were
included in the December 20, 2019,
final rule and inadvertently set to
become effective on January 21, 2020,
before being approved by OMB under
the Paperwork Reduction Act (PRA).
Those two collection-of-information
requirements were corrected in a
correcting amendment in a final rule
published on February 13, 2020 and are
made effective in this final rule.
DATES:
Effective June 10, 2020.
Copies of supporting
documents are available via the Federal
eRulemaking Portal: https://
www.regulations.gov, docket NOAA–
NMFS–2018–0030, or by contacting
Daniel Studt, NMFS West Coast Region,
501 W Ocean Blvd., Suite 4200, Long
Beach, CA 90802, or emailing
WCR.HMS@noaa.gov.
ADDRESSES:
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]]>Agencies
[Federal Register Volume 85, Number 112 (Wednesday, June 10, 2020)]
[Rules and Regulations]
[Pages 35377-35379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10569]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2020-0042; FRL-10009-61-Region 5]
Air Plan Approval; Wisconsin; Redesignation of the Newport State
Park Area in Door County to Attainment of the 2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) finds that the
Newport State Park area in Door County Wisconsin is attaining the 2015
ozone National Ambient Air Quality Standard (NAAQS or standard). EPA is
acting in accordance with a request from the Wisconsin Department of
Natural Resources (WDNR) to redesignate the area to attainment for the
2015 ozone NAAQS because the request meets the statutory requirements
for redesignation under the Clean Air Act (CAA), which WDNR submitted
on January 27, 2020. EPA is also approving, as a revision to the
Wisconsin State Implementation Plan (SIP), the State's plan for
maintaining the 2015 ozone NAAQS through 2030 in the area. Finally, EPA
finds adequate and is approving Wisconsin's 2023 and 2030 volatile
organic compound (VOC) and oxides of nitrogen (NOX) Motor
Vehicle Emission Budgets (MVEBs) for the area.
DATES: This final rule is effective June 10, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2020-0042. All documents in the docket are listed in
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6832,
[email protected]. The EPA Region 5 office is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays
and facility closures due to COVID 19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is being addressed in this document?
This rule takes action on the January 27, 2020, submission from
WDNR requesting redesignation of the Newport State Park area in Door
County, Wisconsin to attainment for the 2015 ozone standard. The
background for this action is discussed in detail in EPA's proposal,
dated March 13, 2020 (85 FR 14608). In that rulemaking, we noted that,
under EPA regulations at 40 CFR part 50, the 2015 ozone NAAQS is
attained in an area when the 3-year average of the annual fourth
highest daily maximum 8-hour average ozone concentration is equal to or
less than 0.070 parts per million, when truncated after the third
decimal place, at all of the ozone monitoring sites in the area. (See
40 CFR 50.19 and appendix U of part 50.) Under the CAA, EPA may
redesignate nonattainment areas to attainment if sufficient, complete,
quality-assured data are available to determine that the area has
attained the standard and meets the other CAA redesignation
requirements in section 107(d)(3)(E). The proposed rule provides a
detailed discussion of how Wisconsin has met these CAA requirements.
As discussed in the proposed rule, quality-assured and certified
monitoring data for 2017-2019 show that the area has attained the 2015
ozone standard. In the maintenance plan submitted for the area,
Wisconsin has demonstrated that the ozone standard will be maintained
in the area through 2030. Finally, Wisconsin has adopted 2023 and 2030
VOC and NOX MVEBs for the area that are supported by
Wisconsin's maintenance demonstration.
II. What comments did we receive on the proposed rule?
EPA provided a 30-day review and comment period for the March 13,
2020,
[[Page 35378]]
proposed rule. The comment period ended on April 13, 2020. We received
an anonymous request for an extension to the comment period; however,
inadequate grounds for the extension were asserted, and we did not
grant that request. Finalizing this action will not pose a risk to
public health and the environment, since the area has clean monitoring
data for the air pollutant in question and the area has met all the
applicable CAA requirements for redesignation.
III. What action is EPA taking?
EPA is determining that the Newport State Park nonattainment area
in Door County Wisconsin is attaining the 2015 ozone standard, based on
quality-assured and certified monitoring data for 2017-2019 and that
the area has met the requirements for redesignation under section
107(d)(3)(E) of the CAA. EPA is thus changing the legal designation of
the area from nonattainment to attainment for the 2015 ozone standard.
EPA is also approving, as a revision to the Wisconsin SIP, the State's
maintenance plan for the area. The maintenance plan is designed to keep
the area in attainment of the 2015 ozone NAAQS through 2030. Finally,
EPA finds adequate and is approving the newly-established 2023 and 2030
MVEBs for the area.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. This rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, this rule relieves the State of
planning requirements for this ozone nonattainment area. For these
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these
actions to become effective on the date of publication of these
actions.
IV. 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, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 10, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
[[Page 35379]]
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: May 12, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
Title 40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.2585 is amended by adding paragraph (jj) to read as
follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(jj) Redesignation. Approval--On January 27, 2020, Wisconsin
submitted a request to redesignate the Newport State Park area in Door
County to attainment of the 2015 8-hour ozone standard. As part of the
redesignation request, the State submitted a maintenance plan as
required by section 175A of the Clean Air Act. Elements of the section
175 maintenance plan include a contingency plan and an obligation to
submit a subsequent maintenance plan revision in eight years as
required by the CAA. The ozone maintenance plan also establishes 2023
and 2030 Motor Vehicle Emission Budgets (MVEBs) for the area. The 2023
MVEBs for the area are 0.00027 tpd for VOC and 0.00032 tpd for
NOX. The 2030 MVEBs for the area are 0.00019 tpd for VOC and
0.00016 tpd for NOX.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Section 81.350 is amended by revising the entry for ``Door County,
WI'' in the table entitled ``Wisconsin-2015 8-Hour Ozone NAAQS [Primary
and Secondary]'' to read as follows:
Sec. 81.350 Wisconsin.
* * * * *
Wisconsin--2015 8-Hour Ozone NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -----------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Door County, WI................... 6/10/2020 Attainment........... .............. Marginal (Rural
Transport).
Door County (part):
Newport State Park Boundary...
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2020-10569 Filed 6-9-20; 8:45 am]
BILLING CODE 6560-50-P
