Air Plan Approval; Wisconsin; Redesignation of the Revised Door County (Partial) Area to Attainment of the 2015 Ozone NAAQS, 12020-12033 [2022-04319]
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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules
• 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
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specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 18, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022–04032 Filed 3–2–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2022–0008; FRL–9609–01–
R5]
Air Plan Approval; Wisconsin;
Redesignation of the Revised Door
County (Partial) Area to Attainment of
the 2015 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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Comments must be received on
or before April 4, 2022.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2022–0008 at https://
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arra.sarah@epa.gov. For comments
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ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is proposing to find that
the revised Door County (partial)
nonattainment area in Wisconsin is
attaining the 2015 ozone National
Ambient Air Quality Standard (NAAQS
or standard) and to act in accordance
with a request from the Wisconsin
Department of Natural Resources
(WDNR) to redesignate the area to
attainment of the 2015 ozone NAAQS,
because the request meets the statutory
requirements for redesignation under
the Clean Air Act (CAA). Wisconsin
submitted this request on January 5,
2022. EPA is also proposing to approve,
as a revision to the Wisconsin State
Implementation Plan (SIP), the
emissions inventory for the area and the
SUMMARY:
State’s plan for maintaining the 2015
ozone NAAQS through 2035 in the area.
Finally, EPA is proposing to approve
Wisconsin’s 2030 and 2035 volatile
organic compound (VOC) and oxides of
nitrogen (NOX) Motor Vehicle Emission
Budgets (budgets) for this area and
initiating the adequacy review process
for these budgets.
Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6832,
Liljegren.Jennifer@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA’s analysis of Wisconsin’s
redesignation request?
A. Has the area attained the 2015 ozone
NAAQS?
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B. Has Wisconsin met all applicable
requirements of section 110 and part D
of the CAA for the area, and does
Wisconsin have a fully approved SIP for
the area under section 110(k) of the
CAA?
C. Are the air quality improvements in the
area due to permanent and enforceable
emission reductions?
D. Does Wisconsin have a fully approvable
ozone maintenance plan for the area?
V. Has the state adopted approvable motor
vehicle emission budgets?
VI. Proposed actions
VII. Statutory and executive order reviews
I. What is EPA proposing?
EPA is proposing to determine that
the revised Door County (partial)
nonattainment area in Wisconsin (the
area) is attaining the 2015 ozone
NAAQS, based on quality-assured and
early 1 certified monitoring data for
2019–2021, and that this area has met
the requirements for redesignation
under section 107(d)(3)(E) of the CAA.
EPA is thus proposing to change the
legal designation of the area from
nonattainment to attainment for the
2015 ozone NAAQS. EPA is also
proposing to approve, as a revision to
the Wisconsin SIP, the emissions
inventory for this area and the State’s
maintenance plan (such approval being
one of the CAA criteria for redesignation
to attainment status) for the area. The
maintenance plan is designed to keep
the area in attainment of the 2015 ozone
NAAQS through 2035. Finally, EPA is
proposing to approve the newlyestablished 2030 and 2035 budgets for
the area.
II. What is the background for these
actions?
Ground-level ozone is detrimental to
human health. On October 1, 2015, EPA
promulgated a revised health-based 8hour ozone NAAQS of 0.070 parts per
million (ppm). See 80 FR 65292
(October 26, 2015). Under EPA’s
regulations at 40 CFR part 50, the 2015
ozone NAAQS is attained in an area
when the 3-year average of the annual
fourth highest daily maximum 8-hour
average concentration is equal to or less
than 0.070 ppm, when truncated after
the thousandth decimal place, at all the
ozone monitoring sites in the area. See
40 CFR 50.19 and appendix U to 40 CFR
part 50.
Upon promulgation of a new or
revised NAAQS, section 107(d)(1)(B) of
the CAA requires EPA to designate as
nonattainment any areas that are
violating the NAAQS, based on the most
1 Annual monitoring data is typically certified by
May 1 of the following year. In this case Wisconsin
has early-certified the 2021 ozone data for the area
prior to the May 1, 2022, deadline.
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recent three years of quality assured
ozone monitoring data. This portion of
the area was designated as a Marginal
nonattainment area and as a Rural
Transport Area (RTA) 2 for the 2015
ozone NAAQS on June 14, 2021 (86 FR
31438, effective July 14, 2021) based on
2014–2016 data.3 EPA is also proposing
approval of the emission inventory and
the motor vehicle emissions budgets
(budgets) for the area.
III. What are the criteria for
redesignation?
Section 107(d)(3)(E) of the CAA
allows redesignation of an area to
attainment of the NAAQS provided that:
(1) The Administrator (EPA) determines
that the area has attained the NAAQS;
(2) the Administrator has fully approved
the applicable implementation plan for
the area under section 110(k) of the
CAA; (3) the Administrator determines
that the improvement in air quality is
due to permanent and enforceable
reductions in emissions resulting from
implementation of the applicable SIP,
applicable Federal air pollutant control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A of the CAA; and (5) the state
containing the area has met all
requirements applicable to the area for
the purposes of redesignation under
section 110 and part D of the CAA.
IV. What is EPA’s analysis of
Wisconsin’s redesignation request?
A. Has the area attained the 2015 ozone
NAAQS?
For redesignation of a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has
attained the applicable NAAQS (CAA
section 107(d)(3)(E)(i)). An area is
attaining the 2015 ozone NAAQS if it
meets the 2015 ozone NAAQS, as
determined in accordance with 40 CFR
50.19 and appendix U of part 50, based
on three complete, consecutive calendar
years of quality-assured air quality data
for all monitoring sites in the area. To
attain the 2015 ozone NAAQS, the 3year average of the annual fourthhighest daily maximum 8-hour average
ozone concentrations (ozone design
values) at each monitor must not exceed
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0.070 ppm. The air quality data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in EPA’s Air Quality System
(AQS). Ambient air quality monitoring
data for the 3-year period must also
meet data completeness requirements.
An ozone design value is valid if daily
maximum 8-hour average
concentrations are available for at least
90% of the days within the ozone
monitoring seasons,4 on average, for the
3-year period, with a minimum data
completeness of 75% during the ozone
monitoring season of any year during
the 3-year period. See section 4 of
appendix U to 40 CFR part 50.
EPA has reviewed the available ozone
monitoring data for the 2019–2021
period. These data have been quality
assured, are recorded in the AQS, and
have been early certified. These data
demonstrate that the area is attaining
the 2015 ozone NAAQS. The annual
fourth-highest 8-hour ozone
concentration and the 3-year average of
these concentrations (monitoring site
ozone design value) for the area
monitoring site are summarized in Table
1.
TABLE 1—ANNUAL FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATION AND 3-YEAR AVERAGE OF THE
FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE AREA
County
Monitor
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Door .....................................................................................
Year
55–029–0004
% Observed
2019
2020
2021
97
98
99
Fourth high
(ppm)
0.066
0.075
0.070
2019–2021
average
(ppm)
0.070
The area’s 3-year ozone design value
for 2019–2021 is 0.070 ppm, which
meets the 2015 ozone NAAQS.
Therefore, in this action, EPA proposes
to determine that the area is attaining
the 2015 ozone NAAQS.
EPA will not take final action to
determine that the area is attaining the
NAAQS nor to approve the
redesignation of this area if the design
value of the monitoring site in the area
violates the NAAQS prior to final
approval of the redesignation. As
discussed in section IV.D.3. below,
Wisconsin has committed to continue
monitoring ozone in this area to verify
maintenance of the 2015 ozone NAAQS.
For redesignation of an area from
nonattainment to attainment of a
NAAQS, the CAA requires EPA to
determine that the state has met all
applicable requirements under section
110 and part D of title I of the CAA (see
section 107(d)(3)(E)(v) of the CAA) and
that the state has a fully approved SIP
under section 110(k) of the CAA (see
section 107(d)(3)(E)(ii) of the CAA). EPA
finds that Wisconsin has met all
applicable SIP requirements, for
purposes of redesignation, under section
110 and part D of title I of the CAA
(requirements specific to nonattainment
areas for the 2015 ozone NAAQS).
Additionally, EPA finds that all
applicable requirements of the
Wisconsin SIP for the area have been
fully approved under section 110(k) of
the CAA. In making these
2 EPA designated the area as a Rural Transport
Area (RTA), which means EPA determined that the
NOX and VOC emissions from sources within the
area do not make a significant contribution to ozone
concentrations in the area itself or in other areas.
3 On December 22, 2017, EPA announced an
anticipated 2015 ozone NAAQS nonattainment area
designation for the portion of Door County
Wisconsin north of the Sturgeon Bay Canal
(including Newport State Park). On June 4, 2018 (83
FR 25776) (effective August 3, 2018), EPA,
consistent with information provided by Wisconsin,
finalized designation of a smaller than anticipated
nonattainment area limited only to the Newport
State Park boundary. On June 10, 2020 (85 FR
35377), based on the area’s satisfaction of CAA
requirements, EPA finalized redesignation to
attainment for the Newport State Park area. On June
14, 2021 (86 FR 31438, effective July 14, 2021) as
part of its review of certain area designations for the
2015 ozone standards in response to a July 2020,
remand issued by the D.C. Circuit Court of Appeals
(the D.C. Circuit), EPA designated as nonattainment
of the 2015 ozone NAAQS the portion of Door
County north of the Sturgeon Bay canal (excluding
the recently redesignated Newport State Park). This
portion of Door County north of the Sturgeon Bay
Canal (excluding Newport State Park) is known as
the ‘‘Revised Door County’’ nonattainment area (or
area) and is the subject of this redesignation
proposal notice.
4 The ozone season is defined by state in 40 CFR
58 appendix D. The ozone season for Wisconsin is
March 1–October 15. See 80 FR 65292, 65466–67
(October 26, 2015).
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B. Has Wisconsin met all applicable
requirements of section 110 and part D
of the CAA for the area, and does
Wisconsin have a fully approved SIP for
the area under section 110(k) of the
CAA?
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determinations, EPA ascertained which
requirements are applicable for
purposes of redesignation, and 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 these
applicable requirements of the CAA.
The Calcagni memorandum 5
describes EPA’s interpretation of which
requirements are ‘‘applicable’’ for
purposes of redesignation under section
107(d)(3)(E) of the CAA. Under this
interpretation, a requirement is not
‘‘applicable’’ unless it was due prior to
the state’s submittal of a complete
redesignation request for the area. See
also the Shapiro memorandum 6 and 60
FR 12459, 12465–66 (March 7, 1995)
(redesignation of Detroit-Ann Arbor,
Michigan to attainment of the 1-hour
ozone NAAQS). Applicable
requirements of the CAA that come due
subsequent to the state’s submittal of a
complete request remain applicable
until a redesignation to attainment is
approved but are not required as a
prerequisite to redesignation. See
section 175A(c) of the CAA. Sierra Club
v. EPA, 375 F.3d 537 (7th Cir. 2004). See
also 68 FR 25424, 25427 (May 12, 2003)
(redesignation of the St. Louis/East St.
Louis area to attainment of the 1-hour
ozone NAAQS).
1. Wisconsin Has Met All Applicable
Requirements of Section 110 and Part D
of the CAA Applicable to the Area for
Purposes of Redesignation
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a. Section 110 General Requirements
for Implementation Plans
Section 110(a)(2) of the CAA outlines
the general requirements for a SIP.
Section 110(a)(2) provides that the SIP
must have been adopted by the state
after reasonable public notice and
hearing, and that, among other things, it
must: (1) Include enforceable emission
limitations and other control measures,
means or techniques necessary to meet
the requirements of the CAA; (2)
provide for establishment and operation
of appropriate devices, methods,
systems and procedures necessary to
monitor ambient air quality; (3) provide
for implementation of a source permit
5 ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the
‘‘Calcagni memorandum’’).
6 ‘‘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 (‘‘the Shapiro memorandum’’).
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program to regulate the modification
and construction of stationary sources
within the areas covered by the plan; (4)
include provisions for the
implementation of part C prevention of
significant deterioration (PSD) and part
D new source review (NSR) permit
programs; (5) include provisions for
stationary source emission control
measures, monitoring, and reporting; (6)
include provisions for air quality
modeling; and, (7) provide for public
and local agency participation in
planning and emission control rule
development.
Section 110(a)(2)(D) of the CAA
requires SIPs to contain measures to
prevent sources in a state from
significantly contributing to air quality
problems in another state. To
implement this provision, EPA has
required certain states to establish
programs to address transport of certain
air pollutants, e.g., NOX SIP call, Clean
Air Interstate Rule (CAIR) and the CrossState Air Pollution Rule (CSAPR).
However, like many of the 110(a)(2)
requirements, the section 110(a)(2)(D)
SIP requirements are not linked with a
particular area’s ozone designation and
classification. EPA concludes that the
SIP requirements linked with the area’s
ozone designation and classification are
the relevant measures to evaluate when
reviewing a redesignation request for
the area. The section 110(a)(2)(D)
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area within the state. Thus, we believe
these requirements are not applicable
requirements for purposes of
redesignation. See 65 FR 37890 (June
15, 2000), 66 FR 50399 (October 19,
2001), 68 FR 25418, 25426–27 (May 13,
2003).
In addition, EPA believes that other
section 110 elements that are neither
connected with nonattainment plan
submissions nor linked with an area’s
ozone attainment status are not
applicable requirements for purposes of
redesignation. The area will still be
subject to these requirements after the
area is redesignated to attainment of the
2015 ozone NAAQS. The section 110
and part D requirements 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 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
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(May 7, 1997); Cleveland-AkronLoraine, Ohio final rulemaking, 61 FR
20458 (May 7, 1996); and Tampa,
Florida final rulemaking, 60 FR 62748
(December 7, 1995). See also the
discussion of this issue in the
Cincinnati, Ohio ozone redesignation 65
FR 37890 (June 19, 2000), and the
Pittsburgh, Pennsylvania ozone
redesignation 66 FR 50399 (October 19,
2001).
We have reviewed Wisconsin’s SIP
and concluded that it meets the general
SIP requirements under section 110 of
the CAA, to the extent those
requirements are applicable for
purposes of redesignation.7
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 area was classified as Marginal
under subpart 2 for the 2015 ozone
NAAQS. Therefore, the area is subject to
the subpart 1 requirements contained in
section 172(c) and section 176.
Similarly, the area is subject to the
subpart 2 requirements contained in
section 182(a) (Marginal nonattainment
area requirements). A thorough
discussion of the requirements
contained in section 172(c) and 182 can
be found in the General Preamble for
Implementation of Title I (57 FR 13498).
i. Subpart 1 Section 172 Requirements
CAA Section 172(b) requires states to
submit SIPs meeting the requirements of
section 172(c) no later than three years
from the date of the nonattainment
designation. For the area, the SIP
provisions required under CAA section
172 were due August 3, 2021.
EPA previously approved Wisconsin’s
nonattainment NSR program on January
18, 1995 (60 FR 3538), and proposed an
updated approval on January 19, 2022
(87 FR 2719). However, notwithstanding
this approval, because PSD
requirements will apply after
redesignation, EPA has determined that
areas being redesignated need not
7 On September 14, 2018, Wisconsin submitted a
SIP to meet the requirements of section 110 for the
2015 ozone NAAQS. The requirements of section
110(a)(2), however, are statewide requirements that
are not linked to the 2015 ozone NAAQS
nonattainment status of the area. Therefore, EPA
concludes that these infrastructure requirements are
not applicable requirements for purposes of review
of the State’s 2015 ozone NAAQS redesignation
request.
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comply with the requirement that an
NSR program be approved prior to
redesignation, provided that the area
demonstrates maintenance of the
NAAQS without part D NSR. A more
detailed rationale for this view is
described in the Nichols
memorandum.8 See rulemakings for
Detroit, Michigan (60 FR 12467–12468,
March 7, 1995); Cleveland-AkronLorain, 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 area upon redesignation
to attainment. EPA approved
Wisconsin’s PSD program on October 6,
2014 (79 FR 60064) and February 7,
2017 (82 FR 9515).
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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 9 as not applying for
purposes of evaluating a redesignation
request under section 107(d) because
state conformity rules are still required
after redesignation and Federal
conformity rules apply where state
conformity rules have not been
approved. See Wall v. EPA, 265 F.3d
426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748
(December 7, 1995) (redesignation of
Tampa, Florida). Nonetheless,
8 ‘‘Part D New Source Review Requirements for
Areas Requesting Redesignation to Attainment’’
Memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, October 14,
1994 (‘‘the Nichols memorandum’’).
9 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 budgets, such as control
strategy SIPs and maintenance plans.
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Wisconsin has an approved conformity
SIP for the Door County area. See 79 FR
10995 (February 27, 2014).
iii. Inventory Requirement
CAA sections 172(c)(3) and 182(a)(1),
42 U.S.C. 7502(c)(3) and 7511a(a)(1),
require states to develop and submit, as
SIP revisions, emission inventories for
all areas designated as nonattainment
for any NAAQS, including the ozone
NAAQS. An emission inventory for
ozone is an estimation of actual
emissions of air pollutants that
contribute to the formation of ozone in
an area. Ozone is a gas that is formed
by the reaction of VOC and NOX in the
atmosphere in the presence of sunlight
(VOC and NOX are referred to as ozone
precursors). Therefore, an emission
inventory for ozone focuses on the
emissions of VOC and NOX. VOC is
emitted by many types of pollution
sources, including power plants,
industrial sources, on-road and nonroad
mobile sources, smaller stationary
sources, collectively referred to as area
sources, and biogenic sources. NOX is
primarily emitted by combustion
sources, both stationary and mobile.
Emission inventories provide
emissions data for a variety of air
quality planning tasks, including
establishing baseline emission levels
(anthropogenic [manmade] emissions
associated with ozone standard
violations), calculating emission
reduction targets needed to attain the
NAAQS and to achieve reasonable
further progress (RFP) toward
attainment of the ozone standard (not
required in the area considered here),
determining emission inputs for ozone
air quality modeling analyses, and
tracking emissions over time to
determine progress toward achieving air
quality and emission reduction goals.
As stated above, the CAA requires the
states to submit emission inventories for
areas designated as nonattainment for
ozone. For the 2015 ozone NAAQS, EPA
specifies that states submit ozone season
day emission estimates for an inventory
calendar year to be consistent with the
baseline year for RFP plan as required
by 40 CFR 51.1310(b). For the RFP
baseline year for the 2015 ozone
NAAQS under 40 CFR 51.1310(b), states
may use a calendar year for the most
recently available complete triennial (3year cycle) emissions inventory (40 CFR
51, subpart A) preceding the year of the
area’s effective date of designation as a
nonattainment area. (83 FR 63034–
63035, December 6, 2018). States are
required to submit estimates of VOC and
NOX emissions for four general classes
of anthropogenic sources: Stationary
point sources; area sources; on-road
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mobile sources; and nonroad mobile
sources.
WDNR provided documentation of a
2014 NOX and VOC base year emissions
inventory requirement for the area.
WDNR selected 2014 because this was
one of the three years of ozone data
indicating a violation of the ozone
standard that were used to designate the
areas as nonattainment for the 2015
ozone NAAQS. 83 FR 25778, 25779.
Tables 2 and 3 summarize the 2014 NOX
and VOC emissions for the area in tons
of emissions per ozone season day.
EPA has reviewed WDNR’s requested
SIP revision for consistency with
sections 172(c)(3) CAA and 182(a)(1) of
the CAA and with EPA’s emission
inventory requirements. In particular,
EPA has reviewed the techniques used
by WDNR to derive and quality assure
the emission estimates. EPA has also
considered whether Wisconsin has
provided the public with the
opportunity to review and comment on
the development of the emission
estimates, whether Wisconsin has
confirmed that source facility emission
statements are required for the 2015
ozone standard, and whether the State
has addressed all public comments.
WDNR documented the procedures
used to estimate the emissions for each
of the major source types including
running the latest version of the Motor
Vehicle Emission Simulator model
(MOVES3.0.2) for the on-road and
nonroad emissions. The documentation
of the emission estimation procedures is
thorough and is adequate for EPA to
determine that Wisconsin followed
acceptable procedures to estimate the
emissions. Accordingly, we conclude
that Wisconsin has developed
inventories of NOX and VOC emissions
that are comprehensive and complete.
iv. Subpart 2 Section 182(a)
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 within two years of
designation. The emissions inventory
for the area, which was due August 3,
2020, is included in WDNR’s recent
redesignation request. EPA’s analysis of
the inventory is included above, and
EPA proposes approval of this inventory
as satisfying the 182(a)(1) 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
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to existing VOC reasonably available
control technology (RACT) rules that
were required under section 172(b)(3)
prior to the 1990 CAA amendments. The
area is not subject to the section
182(a)(2) RACT ‘‘fix up’’ requirement for
the 2015 ozone NAAQS because it was
designated as nonattainment for this
standard after the enactment of the 1990
CAA amendments and, in any case,
Wisconsin complied with this
requirement for the larger Door County
area under the prior 1-hour ozone
NAAQS. See 59 FR 41709 (August 15,
1994) and 60 FR 20643 (April 27, 1995).
Section 182(a)(2)(B) requires each
state with a Marginal ozone
nonattainment area that implemented or
was required to implement a vehicle
inspection and maintenance (I/M)
program prior to the 1990 CAA
amendments to submit a SIP revision for
an I/M program no less stringent than
that required prior to the 1990 CAA
amendments or that was already in the
SIP at the time of the CAA amendments,
whichever is more stringent. For the
purposes of the 2015 ozone NAAQS and
the consideration of Wisconsin’s
redesignation request for this standard,
the area is not subject to the section
182(a)(2)(B) requirement because the
area was not required to have an I/M
program prior to Nov. 15, 1990.
Section 182(a)(2)(C), under the
heading ‘‘Corrections to the State
Implementation Plans—Permit
Programs’’ contains a requirement for
states to submit NSR SIP revisions to
meet the requirements of CAA sections
172(c)(5) and 173 within two years after
the date of enactment of the 1990 CAA
Amendments. For the purposes of the
2015 ozone NAAQS and the
consideration of Wisconsin’s
redesignation request for this standard,
the area is not subject to the section
182(a)(2)(C) requirement because as
mentioned previously EPA has
determined that areas being
redesignated need not comply with the
requirement that an NSR program be
approved prior to redesignation,
provided that the area demonstrates
maintenance of the NAAQS without
part D NSR.
Section 182(a)(4) specifies the
emission offset ratio for Marginal areas
but does not establish a SIP submission
deadline. EPA’s December 6, 2018
implementation rule for the 2015 ozone
NAAQS clarifies that nonattainment
NSR permit program requirements
applicable to the 2015 NAAQS are due
three years from the effective date of the
nonattainment designation. See 83 FR
62998, 63001. This approach is based on
the provision in CAA section 172(b)
requiring the submission of plans or
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plan revisions ‘‘no later than 3 years
from the date of the nonattainment
designation.’’
EPA proposed approval on January
19, 2022 (87 FR 2719) of Wisconsin’s
nonattainment NSR SIP revision to
address the 2015 ozone NAAQS in this
area. In addition, EPA approved
Wisconsin’s PSD program on October 6,
2014 (79 FR 60064) and February 7,
2017 (82 FR 9515). The State’s PSD
program will become effective in the
area upon redesignation to attainment.
Section 182(a)(3) requires states to
submit periodic emission inventories
and a revision to the SIP to require the
owners or operators of stationary
sources to annually submit emission
statements documenting actual VOC
and NOX emissions. As discussed below
in section IV.D.4. of this proposed rule,
Wisconsin will continue to update its
emissions inventory at least once every
three years. The emission statement
requirement for the area was due August
3, 2020. EPA proposed on February 1,
2022 (87 FR 5438) to find that
Wisconsin has satisfied the emissions
statement requirement for Wisconsin
nonattainment areas for the 2015 ozone
NAAQS. Upon final rule, EPA would
then affirm that EPA finds that the area
has satisfied all applicable requirements
for purposes of redesignation under
section 110 and part D of title I of the
CAA.
2. The Area has a Fully Approved SIP
for Purposes of Redesignation Under
Section 110(k) of the CAA
At various times, Wisconsin has
adopted and submitted, and EPA has
approved, provisions addressing the
various SIP elements applicable for the
ozone NAAQS. As discussed above,
EPA has fully approved the Wisconsin
SIP for the area under section 110(k) for
all requirements applicable for purposes
of redesignation under the 2015 ozone
NAAQS. EPA may rely on prior SIP
approvals in approving a redesignation
request (see the Calcagni memorandum
at page 3; Southwestern Pennsylvania
Growth Alliance v. Browner, 144 F.3d
984, 989–990 (6th Cir. 1998); Wall v.
EPA, 265 F.3d 426), plus any additional
measures it may approve in conjunction
with a redesignation action (see 68 FR
25426 (May 12, 2003) and citations
therein).
C. Are the air quality improvements in
the area due to permanent and
enforceable emission reductions?
To redesignate an area from
nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires
EPA to determine that the air quality
improvement in the area is due to
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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
proposes to determine that Wisconsin
has demonstrated that the observed
ozone air quality improvement in the
area is due to permanent and
enforceable reductions in VOC and NOX
emissions resulting from State measures
adopted into the SIP and Federal
measures.
In making this demonstration, the
State has calculated the change in
emissions between 2014 and 2019 in the
area. Wisconsin also looked at ozone
precursor emissions from the three
major metro areas upwind of the area.
For every metro area there was a net
reduction in emissions (Tables 2–6).
The reduction in emissions and the
corresponding improvement in air
quality over this time period can be
attributed to Federal regulatory control
measures (listed below) that Wisconsin
and upwind states have implemented in
recent years.10 In addition, Wisconsin
provided an analysis to demonstrate the
improvement in air quality was not due
to unusually favorable meteorology.
More details and EPA’s assessment of
this analysis are provided in Section 3
Meteorology. Based on the information
summarized below, EPA proposes to
find that Wisconsin has adequately
demonstrated that the improvement in
air quality is due to permanent and
enforceable emissions reductions.
10 EPA designated the area as a Rural Transport
Area (RTA), which means EPA determined that the
NOX and VOC emissions from sources within the
area do not make a significant contribution to ozone
concentrations in the area itself, or in other areas.
Therefore, it is reasonable to find that the
permanent and enforceable precursor emissions
reductions required for redesignation must be from
areas outside the area within Wisconsin’s control.
The permanent and enforceable emissions
reductions detailed in Wisconsin’s redesignation
request and discussed in this proposed action
represent statewide reductions from Wisconsin and
specifically from Wisconsin’s Green Bay
metropolitan area and Wisconsin’s Milwaukee
metropolitan area, both of which are upwind of the
area, and which, therefore, have the potential to
impact ozone levels in the area. Additionally,
permanent and enforceable reductions from
Chicago, a multi-state metropolitan area upwind of
the area, are listed. The Chicago metropolitan area
generally consists of portions of Wisconsin, Illinois,
and Indiana. For its upwind emissions reduction
analysis for the Chicago metropolitan area,
Wisconsin included: Cook, Dekalb, DuPage,
Grundy, Kane, Kendall, Lake, McHenry, and Will
Counties in Illinois; Jasper, Lake, Porter and
Newton Counties in Indiana, and Kenosha County,
Wisconsin.
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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 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.11 Through Federal
Implementation Plans (FIPs), CSAPR
required electric generating units
(EGUs) in eastern states, including
Wisconsin, to meet annual and ozone
season NOX budgets and annual SO2
budgets implemented through new
trading programs. After delays caused
by litigation, EPA started implementing
the CSAPR trading programs in 2015,
simultaneously discontinuing
administration of the CAIR trading
programs. On October 26, 2016, EPA
published the CSAPR Update, which
established, starting in 2017, a new
ozone season NOX trading program for
EGUs in eastern states, including
Wisconsin, to address the good neighbor
11 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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12025
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 ppm by
2007, leading to additional reductions
in combustion NOX and VOC emissions.
EPA has estimated future year emission
reductions due to implementation of
this rule. Nationally, EPA estimated that
2015 NOX and VOC emissions would
decrease by 1,260,000 tons and 54,000
tons, respectively. Nationally, EPA
estimated that by 2030 NOX and VOC
emissions will decrease by 2,570,000
tons and 115,000 tons, respectively. As
projected by these estimates and
demonstrated in the on-road emission
modeling for the area, some of these
b. Federal Emission Control Measures
emission reductions occurred during the
attainment years and additional
Reductions in VOC and NOX
emission reductions will occur
emissions have occurred statewide and
throughout the maintenance period, as
in upwind areas as a result of Federal
older vehicles are replaced with newer,
emission control measures, with
additional emission reductions expected compliant model years.
Nonroad Diesel Rule. On June 29,
to occur in the future. Federal emission
2004 (69 FR 38958), EPA issued a rule
control measures include the following:
adopting emissions standards for
Tier 3 Emission Standards for
nonroad diesel engines and sulfur
Vehicles and Gasoline Sulfur Standards. reductions in nonroad diesel fuel. This
On April 28, 2014 (79 FR 23414), EPA
rule applies to diesel engines used
promulgated Tier 3 motor vehicle
primarily in construction, agricultural,
emission and fuel standards to reduce
and industrial applications. Emission
both tailpipe and evaporative emissions standards are phased in for 2008
and to further reduce the sulfur content
through 2015 model years based on
in fuels. The rule was phased in
engine size. The sulfur limits for
between 2017 and 2025. Tier 3 sets new nonroad diesel fuels were phased in
tailpipe standards for the sum of VOC
from 2007 through 2012. EPA estimates
and NOX and for particulate matter
that when fully implemented,
(PM). The VOC and NOX tailpipe
compliance with this rule will cut NOX
standards for light-duty vehicles
emissions from these nonroad diesel
represent approximately an 80%
engines by approximately 90%. As
reduction from previous fleet average
projected by these estimates and
and a 70% reduction in per-vehicle PM
demonstrated in the nonroad emission
standards. Heavy-duty tailpipe
modeling for the area, some of these
standards represent about a 60%
emission reductions occurred during the
reduction in both fleet average VOC and attainment years and additional
NOX and per-vehicle PM standards. The emission reductions will occur
evaporative emissions requirements in
throughout the maintenance period.
the rule are projected to result in
Nonroad Spark-Ignition Engines and
approximately a 50% reduction from
Recreational Engine Standards. On
previous standards and apply to all
November 8, 2002 (67 FR 68242), EPA
light-duty and on-road gasolineadopted emission standards for large
powered heavy-duty vehicles. Finally,
spark-ignition engines such as those
the rule lowered the sulfur content of
used in forklifts and airport groundgasoline to an annual average of 10 ppm service equipment; recreational vehicles
starting in January 2017. As projected by such as off-highway motorcycles, allthese estimates and demonstrated in the terrain vehicles, and snowmobiles; and
on-road emission modeling for the area, recreational marine diesel engines.
some of these emission reductions
These emission standards are phased in
occurred by the attainment years and
from model year 2004 through 2012.
additional emission reductions will
When fully implemented, EPA estimates
occur throughout the maintenance
an overall 72% reduction in VOC
provision for the 2008 ozone NAAQS
(81 FR 74504). The CSAPR Update is
projected to result in a 20% reduction
in ozone season NOX emissions from
EGUs in the eastern United States, a
reduction of 80,000 tons in 2017
compared to 2015 levels. On April 30,
2021, EPA published the Revised
CSAPR Update, which fully resolved
the obligations of eastern states,
including Illinois and Indiana (which
are upwind of the area), under the good
neighbor provision for the 2008 ozone
NAAQS (82 FR 23054). The Revised
CSAPR Update is estimated to reduce
ozone season NOX emissions from EGUs
by 17,000 tons beginning in 2021,
compared to emissions without the rule.
The reduction in NOX emissions from
the implementation of CAIR and then
CSAPR occurred during the attainment
years, and additional emission
reductions will occur throughout the
maintenance period.
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emissions from these engines and an
80% reduction in NOX emissions. As
projected by these estimates and
demonstrated in the nonroad emission
modeling for the area, some of these
emission reductions occurred by the
attainment years and additional
emission reductions will occur
throughout the maintenance period.
Category 3 Marine Diesel Engine
Standards. On April 30, 2010 (75 FR
22896) EPA issued emission standards
for marine compression-ignition engines
at or above 30 liters per cylinder. Tier
2 emission standards have applied
beginning in 2011 and are expected to
result in a 15 to 25% reduction in NOX
emissions from these engines. Final Tier
3 emission standards have applied
beginning in 2016 and are expected to
result in approximately an 80%
reduction in NOX from these engines.
As projected by these estimates and
demonstrated in the nonroad emission
modeling for the area, some of these
emission reductions occurred during the
attainment years and additional
emission reductions will occur
throughout the maintenance period.
2. Emission Reductions
Wisconsin calculated the change in
emissions between 2014 and 2019 in the
area and three major metro areas
upwind of the area. For every metro area
there was a net reduction in emissions
(Tables 2–6). The reduction in
emissions and the corresponding
improvement in air quality over this
time period can be attributed to the
Federal regulatory control measures
(listed above). Wisconsin is using a 2014
emissions inventory as the
nonattainment year. This is appropriate
because it was one of the years used to
designate the area as nonattainment.
Wisconsin is using 2019 as the
attainment year, which is appropriate
because it is one of the years in the
2019–2021 period used to demonstrate
attainment.
As mentioned previously, EPA
designated the area as an RTA.
Therefore, the permanent and
enforceable precursor emissions
reductions required for redesignation
must be inclusive of areas outside the
RTA within Wisconsin’s control. The
permanent and enforceable emissions
reductions discussed in this proposed
action represent statewide reductions
from Wisconsin and specifically from
Wisconsin’s Green Bay metropolitan
area 12 and Wisconsin’s Milwaukee
metropolitan area,13 both of which are
upwind of the area and in line with
general wind patterns on exceedance
days,14 and which, therefore, have the
potential to impact ozone levels in the
area. Additionally, permanent and
enforceable reductions from Chicago, a
multi-state metropolitan area 15 upwind
of the area, are listed. In developing the
emissions inventory information for
these upwind metropolitan areas for the
year 2014, Wisconsin generally used the
2014 National Emissions Inventory
(NEI) version 2 and the 2014 National
Air Toxics Assessment (NATA) for
point, area, on-road, and nonroad
sources. For 2019 emissions, Wisconsin
interpolated between the 2016 and 2023
emissions of EPA’s 2016 version 1
emissions modeling platform. On-road
and nonroad emissions in Door County
were modeled using MOVES3.
The emissions data that Wisconsin
used were available in units of tons per
year. Wisconsin expects summer day
emissions to be slightly higher relative
to the rest of the year due to increases
in vehicle miles traveled (VMT) and
nonroad activity. Therefore, Wisconsin
calculated tons per summer day (tpsd)
by dividing annual emissions for mobile
source sectors by 330 rather than 365
days to avoid underestimating mobile
source sector emissions. For the purpose
of estimating regional emissions trends
from areas upwind of the nonattainment
area, Wisconsin assumed point and area
source facilities operate steadily over
365 days each year. Therefore,
Wisconsin estimated 2014 and 2019
summer day emissions by dividing the
annual emissions for the point and area
sectors by 365 days. EPA proposes to
find Wisconsin’s methods to be
reasonable given Wisconsin’s
assumptions regarding emissions
activity from the various source sectors.
Using the inventories described
above, Wisconsin documents changes in
VOC and NOX emissions from 2014 to
2019 for the area as well as for the
upwind metropolitan areas described
above, including the Green Bay area, the
Milwaukee area, and the Chicago area.
Emissions data are shown in Tables 2
through 6. As shown in Table 6, overall
NOX and VOC emissions declined
between 2014 and 2019.
TABLE 2—NOX EMISSIONS FOR NONATTAINMENT YEAR 2014 (TPSD)
Area
Point
Door County (partial) ...........................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0.00
15.57
21.06
156.24
0.20
2.63
17.87
96.68
Nonroad
3.32
4.05
28.19
158.24
On-road
0.87
11.20
57.74
311.75
Total
4.39
33.45
124.86
722.91
TABLE 3—VOC EMISSIONS FOR NONATTAINMENT YEAR 2014 (TPSD)
Area
Point
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Door County (partial) ...........................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
12 For its upwind emissions reduction analysis for
the Green Bay metropolitan area, Wisconsin
included Brown County, WI.
13 For its upwind emissions reduction analysis for
the Milwaukee metropolitan area, Wisconsin
included: Ozaukee, Racine, Waukesha and
Washington Counties in Wisconsin.
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Area
0.21
4.27
9.40
50.20
0.74
8.71
50.40
240.36
14 See the Technical Support Document for
Wisconsin for the 2015 Ozone NAAQS for Counties
Remanded to EPA at https://www.epa.gov/sites/
default/files/2021-05/documents/wi_tsd_remand_
final.pdf.
15 The Chicago metropolitan area generally
consists of portions of Wisconsin, Illinois, and
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Nonroad
3.38
2.91
18.77
91.62
On-road
0.29
6.31
31.07
170.29
Total
4.62
22.20
109.64
552.47
Indiana. For its upwind emissions reduction
analysis for the Chicago metropolitan area,
Wisconsin included: Cook, Dekalb, DuPage,
Grundy, Kane, Kendall, Lake McHenry and Will
Counties in Illinois; Jasper, Lake, Porter and
Newton Counties in Indiana, and Kenosha County,
Wisconsin.
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TABLE 4—NOX EMISSIONS FOR ATTAINMENT YEAR 2019 (TPSD)
Area
Point
Door County (partial) ...........................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0.00
6.30
17.39
117.05
I
Nonroad
0.20
2.60
17.66
95.23
I
On-road
2.99
2.58
16.49
131.72
Total
0.61
6.49
29.15
171.02
3.80
17.97
80.69
515.02
TABLE 5—VOC EMISSIONS FOR ATTAINMENT YEAR 2019 (TPSD)
Area
Point
Door County (partial) ...........................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0.13
4.54
9.41
47.73
I
Nonroad
0.74
9.01
50.81
242.83
I
On-road
2.28
1.64
11.51
68.78
Total
0.22
3.78
16.42
99.75
3.37
18.97
88.15
459.09
TABLE 6—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2014 AND 2019 (TPSD)
NOX
2014
VOC
2019
I
I
Net change
(2014–2019)
2014
I
2019
I
Net change
(2014–2019)
Door County (partial)
Point .........................................................
Area ..........................................................
Nonroad ...................................................
On-road ....................................................
0.00
0.20
3.32
0.87
0.00
0.20
2.99
0.61
0.00
0.00
0.33
0.26
0.21
0.74
3.38
0.29
0.13
0.74
2.28
0.22
0.08
0.00
1.10
0.07
Total ..................................................
4.39
3.80
0.59
4.62
3.37
1.25
Green Bay Area (Brown County only)
Point .........................................................
Area ..........................................................
Nonroad ...................................................
On-road ....................................................
15.57
2.63
4.05
11.20
6.30
2.60
2.58
6.49
9.27
0.03
1.47
4.71
4.28
8.71
2.91
6.31
4.54
9.01
1.64
3.78
¥0.26
¥0.30
1.27
2.53
Total ..................................................
33.45
17.97
15.48
22.21
18.97
3.24
Milwaukee Area
Point .........................................................
Area ..........................................................
Nonroad ...................................................
On-road ....................................................
21.06
17.87
28.19
57.74
17.39
17.66
16.49
29.15
3.67
0.21
11.70
28.59
9.40
50.40
18.77
31.07
9.41
50.81
11.51
16.42
¥0.01
¥0.41
7.26
14.65
Total ..................................................
124.86
98.07
26.79
109.64
97.57
12.07
Chicago Area
Point .........................................................
Area ..........................................................
Nonroad ...................................................
On-road ....................................................
156.24
96.68
158.24
311.75
117.05
95.23
131.72
171.02
39.19
1.45
26.52
140.73
50.20
240.36
91.62
170.29
47.73
242.83
68.78
99.75
2.47
¥2.47
22.84
70.54
Total ..................................................
722.92
632.06
90.86
552.47
506.84
45.63
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3. Meteorology
Wisconsin included an analysis to
further support its demonstration that
the improvement in air quality between
the year violations occurred and the
year attainment was achieved is due to
permanent and enforceable emission
reductions and not unusually favorable
meteorology. Ozone formation is a
complex process with atmospheric
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chemical reactions involving NOX and
VOC precursor species. Summertime
ozone formation tends to be positively
correlated with temperature and can be
influenced by other meteorological
factors such as wind speed, wind
direction, and precipitation. Wisconsin
examined the factors influencing high
ozone at the Door County monitor from
2005–2020, isolated days with
meteorological factors favorable to
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Fmt 4702
Sfmt 4702
ozone detected at Door County from
2005–2020 and plotted the temporal
trend in ozone on these days during this
time period from 2005–2020.
Wisconsin’s analysis grouped days with
similar meteorology which normalizes
the influence of meteorological
variability on the underlying trend in
ozone concentrations. Therefore, the
remaining trend in ozone concentrations
can be inferred to be due to trends in
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non-meteorological predictors, such as
reductions in precursor emissions. As
such, Wisconsin’s analysis suggests that
the observed long-term decreases in
ozone concentrations including the
more recent nonattainment to
attainment year ozone concentrations
are due to the permanent and
enforceable reductions in ozone
precursor emissions discussed earlier,
rather than from meteorological factors.
EPA finds the analysis to be a useful
tool here in showing that air quality was
not due to unusually favorable
meteorology. Therefore, EPA finds that
Wisconsin has shown that the air
quality improvements in the area are
due to permanent and enforceable
emissions reductions and not unusually
favorable meteorology.
D. Does Wisconsin have a fully
approvable ozone maintenance plan for
the area?
As one of the criteria for redesignation
to attainment section 107(d)(3)(E)(iv) of
the CAA requires EPA to determine that
the area has a fully approved
maintenance plan pursuant to section
175A of the CAA. Section 175A of the
CAA sets forth the elements of a
maintenance plan for areas seeking
redesignation from nonattainment to
attainment. Under section 175A, the
maintenance plan must demonstrate
continued attainment of the NAAQS for
at least 10 years after the Administrator
approves a redesignation to attainment.
Eight years after the redesignation, the
state must submit a revised maintenance
plan which demonstrates that
attainment of the NAAQS will continue
for an additional 10 years beyond the
initial 10-year maintenance period. To
address the possibility of future NAAQS
violations, the maintenance plan must
contain contingency measures, as EPA
deems necessary, to assure prompt
correction of the future NAAQS
violation.
The Calcagni memorandum provides
further guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
elements: (1) An attainment emissions
inventory; (2) a maintenance
demonstration; (3) a commitment for
continued air quality monitoring; (4) a
process for verification of continued
attainment; and (5) a contingency plan.
In conjunction with its request to
redesignate the area to attainment for
the 2015 ozone NAAQS, Wisconsin
submitted a SIP revision to provide for
maintenance of the 2015 ozone NAAQS
through 2035, more than 10 years after
the expected effective date of the
redesignation to attainment. As
discussed below, EPA proposes to find
that Wisconsin’s ozone maintenance
plan includes the necessary components
and to approve the maintenance plan as
a revision of the Wisconsin SIP.
1. Attainment Inventory
EPA is proposing to determine that
the area has attained the 2015 ozone
NAAQS based on monitoring data for
the period of 2019–2021. Wisconsin
selected 2019 as the attainment
emissions inventory year to establish
attainment emission levels for VOC and
NOX. Attainment emissions inventories
identify the levels of emissions in the
nonattainment area that are sufficient to
attain the NAAQS. As mentioned
previously, EPA designated the area as
an RTA. As such, Wisconsin included
an attainment emissions inventory for
the nonattainment area and additionally
provided information about attainment
year emissions for upwind metropolitan
areas that have the potential to
influence ozone levels in the RTA. The
derivation of the attainment year
emissions for these areas is discussed
above in section IV.C.2. of this proposed
rule. The attainment level emissions, by
source category, are summarized in
Tables 4 and 5, above.
2. Has the state documented
maintenance of the ozone standard in
the area?
Wisconsin has demonstrated
maintenance of the 2015 ozone NAAQS
through 2035 by projecting that current
and future emissions of VOC and NOX
for the area remain at or below
attainment year emission levels and,
additionally, that upwind areas within
Wisconsin’s control having the potential
to influence ozone levels in the area,
including the Green Bay metropolitan
area, the Milwaukee metropolitan area,
and the Chicago metropolitan area, a
portion of which is within Wisconsin,
remain at or below attainment year
emission levels. A maintenance
demonstration need not be 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 2030 and 2035
to demonstrate maintenance. 2035 is
more than 10 years after the expected
effective date of the redesignation to
attainment, and 2030 was selected to
demonstrate that emissions are not
expected to spike in the interim
between the attainment year and the
final maintenance year. The emissions
inventories were developed as described
below.
Wisconsin generally used EPA’s 2016
Emissions Modeling Platform, Version
1, which includes base year 2016
emissions and emissions projections for
the years 2023 and 2028. Wisconsin
estimated 2030 and 2035 emissions by
linearly extrapolating EPA’s 2023 and
2028 emissions projections. Wisconsin
used the same methodology to convert
annual tons to tpsd for the 2030 and
2035 emissions projections as it used for
the 2014 and 2019 inventory estimates.
Thus, Wisconsin derived 2030 and 2035
summer day emissions by dividing the
annual emissions for the point and area
sectors by 365 days and the mobile
sectors by 330. Interim and future year
emissions estimates are shown in Tables
7 through 11 below. Specifically for
Door County, Wisconsin ran MOVES3
for on-road emissions in both 2030 and
2035 for Door County.
TABLE 7—NOX EMISSIONS FOR INTERIM MAINTENANCE YEAR 2030 (TPSD)
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Area
Point
Door County (partial) ...........................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0.00
5.61
17.90
101.84
Nonroad
0.19
2.56
17.11
89.52
On-road
2.18
1.48
13.31
113.96
0.30
1.86
10.17
69.03
Total
2.67
11.51
58.49
374.35
TABLE 8—VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2030 (TPSD)
Area
Point
Door County (partial) ...........................................................
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0.18
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0.74
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0.13
Total
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TABLE 8—VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2030 (TPSD)—Continued
Area
Point
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
4.55
9.75
46.45
Nonroad
9.38
51.43
249.38
On-road
1.41
10.82
66.68
Total
1.97
8.68
49.96
17.31
80.68
412.47
TABLE 9—NOX EMISSIONS FOR MAINTENANCE YEAR 2035 (TPSD)
Area
Point
Door County (partial) ...........................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0.00
5.64
17.78
102.13
I
Nonroad
0.19
2.54
16.89
86.83
I
On-road
2.16
1.00
12.58
110.87
I
Total
0.26
0.46
4.94
40.91
I
2.61
9.64
52.19
340.74
I
TABLE 10—VOC EMISSIONS FOR MAINTENANCE YEAR 2035 (TPSD)
Area
Point
Door County (partial) ...........................................................
Green Bay area ...................................................................
Milwaukee area ....................................................................
Chicago area ........................................................................
Area
0.18
4.56
9.73
46.23
I
Nonroad
0.75
9.54
51.70
252.30
I
On-road
1.28
1.35
10.79
67.68
I
Total
0.12
1.43
6.20
33.82
I
2.33
16.88
78.42
400.03
I
TABLE 11—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2019 AND 2035 (TPSD)
NOX
2019
I
2030
I
VOC
2035
I
Net Change
(2019–2035)
2019
I
2030
I
Net Change
2035
I (2019–2035)
Door County (partial)
Point ..................................
Area ...................................
Nonroad .............................
On-road .............................
Total ...........................
0.00
0.20
2.99
0.61
I
3.80
0.00
0.19
2.18
0.30
I
2.67
0.00
0.19
2.16
0.26
I
2.61
0.00
0.01
0.83
0.35
I
1.19
0.13
0.74
2.28
0.22
I
3.37
0.18
0.74
1.37
0.13
I
2.42
¥0.05
¥0.01
1.00
0.10
0.18
0.75
1.28
0.12
I
2.33
I
1.04
Green Bay Area (Brown County only)
Point ..................................
Area ...................................
Nonroad .............................
On-road .............................
Total ...........................
6.30
2.60
2.58
6.49
I
17.97
5.61
2.56
1.48
1.86
I
11.51
5.64
2.54
1.00
0.46
I
9.64
0.66
0.06
1.58
6.03
I
8.33
4.54
9.01
1.64
3.78
I
18.97
4.55
9.38
1.41
1.97
I
17.31
¥0.02
¥0.53
0.29
2.35
4.56
9.54
1.35
1.43
I
16.88
I
2.09
Milwaukee Area
Point ..................................
Area ...................................
Nonroad .............................
On-road .............................
Total ...........................
17.39
17.66
16.49
29.15
I
80.69
17.90
17.11
13.31
10.17
I
58.49
¥0.39
0.77
3.91
24.21
17.78
16.89
12.58
4.94
I
52.19
I
28.50
9.41
50.81
11.51
16.42
I
88.15
9.75
51.43
10.82
8.68
I
80.68
¥0.32
¥0.89
0.72
10.22
9.73
51.70
10.79
6.20
I
78.42
I
9.73
Chicago Area
Point ..................................
Area ...................................
Nonroad .............................
On-road .............................
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Total ...........................
117.05
95.23
131.72
171.02
I
515.02
101.84
89.52
113.96
69.03
I
374.35
In summary, Wisconsin’s
maintenance demonstration for the area
shows maintenance of the 2015 ozone
NAAQS by providing emissions
information to support the
demonstration that future emissions of
NOX and VOC will remain at or below
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102.13
86.83
110.87
40.91
I
340.74
14.92
8.40
20.85
130.11
I
174.28
47.73
242.83
68.78
99.75
I
459.09
2019 emission levels when taking into
account both future source growth and
implementation of future controls. Table
11 shows NOX and VOC emissions are
projected to decrease between 2019 and
2035.
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46.45
249.38
66.68
49.96
I
412.47
46.23
252.30
67.68
33.82
I
400.03
1.50
¥9.47
1.10
65.93
I
59.06
In addition, EPA has recently
conducted updated air quality modeling
of the contiguous United States,
projecting ozone concentrations at all
air quality monitors in 2023, 2026, and
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2032.16 That modeling incorporates the
most recent updates to emissions
inventories, including on-the-books
emissions reductions, and meteorology.
This modeling indicates that EPA does
not project Door County to be in
nonattainment of the 2015 ozone
NAAQS, nor does the Agency expect the
area to struggle with maintenance, in
those modeled future years. We propose
to find that EPA’s ozone transport air
quality modeling further supports
Wisconsin’s demonstration that the
Door County area will continue to
maintain the 2015 ozone NAAQS.
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3. Continued Air Quality Monitoring
Wisconsin has committed to continue
to operate the ozone monitor listed in
Table 1 above. Wisconsin has
committed to consult with EPA prior to
making changes to the existing
monitoring network should changes
become necessary in the future.
Wisconsin remains obligated to meet
monitoring requirements and to
continue to quality assure monitoring
data in accordance with 40 CFR part 58,
and to enter all data into the AQS in
accordance with Federal guidelines.
4. Verification of Continued Attainment
Wisconsin has confirmed that it has
the legal authority to enforce and
implement the requirements of the
maintenance plan for the area. This
includes the authority to adopt,
implement, and enforce any subsequent
statewide and/or area-specific emission
control measures determined to be
necessary to correct future ozone
attainment problems.
Verification of continued attainment
is accomplished through operation of
the ambient ozone monitoring network
and the periodic update of relevant
emissions inventories. Wisconsin will
continue to operate the current ozone
monitor in Door County. There are no
plans to discontinue operation, relocate,
or otherwise change the existing ozone
monitoring network other than through
revisions in the network approved by
the EPA.
To track future levels of emissions,
Wisconsin will continue to develop and
submit to EPA updated emission
inventories for the area and upwind
areas in Wisconsin at least once every
three years, consistent with the
requirements of 40 CFR part 51, subpart
A, and in 40 CFR 51.122. The
Consolidated Emissions Reporting Rule
(CERR) was promulgated by EPA on
June 10, 2002 (67 FR 39602). The CERR
was replaced by the Annual Emissions
16 Available at https://www.epa.gov/airemissions-modeling/2016v2-platform.
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Reporting Requirements (AERR) on
December 17, 2008 (73 FR 76539). The
most recent triennial inventory for
Wisconsin was compiled for 2017, and
2020 is in progress. Point source
facilities covered by Wisconsin’s
emission statement rule, Chapter NR
438 of the Wisconsin Administrative
Code, will continue to submit VOC and
NOX emissions on an annual basis.
5. What is the contingency plan for the
area?
Section 175A of the CAA requires the
state to adopt a maintenance plan, as a
SIP revision, that includes such
contingency measures as EPA deems
necessary to assure that the state will
promptly correct a violation of the
NAAQS that occurs after redesignation
of the area to attainment of the NAAQS.
The maintenance plan must identify:
The contingency measures to be
considered and, if needed for
maintenance, adopted and
implemented; a schedule and procedure
for adoption and implementation; and a
time limit for action by the state. The
state should also identify specific
indicators to be used to determine when
the contingency measures need to be
considered, adopted, and implemented.
The maintenance plan must include a
commitment that the state will
implement all measures with respect to
the control of the pollutant that were
contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d) of
the CAA.
As required by section 175A of the
CAA, Wisconsin has adopted a
maintenance plan for the area to address
possible future ozone air quality
problems. The maintenance plan
adopted by Wisconsin has two levels of
response, a warning level response and
an action level response.
In Wisconsin’s plan, a warning level
response will be triggered when an
annual fourth high monitored value of
0.070 ppm or higher is monitored
within the maintenance area. A warning
level response will consist of Wisconsin
conducting a study to determine
whether the ozone value indicates a
trend toward higher ozone values and
whether emissions appear to be
increasing. The study will evaluate
whether the trend, if any, is likely to
continue and, if so, the control measures
necessary to reverse the trend. The
study will be completed no later than
May 1st of the year after the ozone
season in which the exceedance is
detected.
In Wisconsin’s plan, a violation of the
2015 ozone NAAQS within the
maintenance area triggers an action
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level response. When an action level
response is triggered, Wisconsin will
determine what additional control
measures are needed to ensure future
attainment of the 2015 ozone NAAQS.
Control measures selected will be
adopted and implemented within 18
months from the close of the ozone
season that prompted the action level.
Wisconsin may also consider if
significant new regulations not
currently included as part of the
maintenance provisions will be
implemented in a timely manner and
would thus constitute an adequate
contingency measure response.
Wisconsin included the following list
of potential contingency measures in its
maintenance plan:
1. Anti-idling control program for mobile
sources, targeting diesel vehicles;
2. Diesel exhaust retrofits;
3. Traffic flow improvements;
4. Park and ride facilities;
5. Rideshare/carpool program; and
6. Expansion of the vehicle emissions
testing program.
To qualify as a contingency measure,
emissions reductions from that measure
must not be factored into the emissions
projections used in the maintenance
plan.
EPA has concluded that Wisconsin’s
maintenance plan adequately addresses
the five basic components of a
maintenance plan: Attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. In addition, as
required by section 175A(b) of the CAA,
Wisconsin has committed to submit to
EPA an updated ozone maintenance
plan eight years after redesignation of
the area to cover an additional ten years
beyond the initial 10-year maintenance
period. Thus, EPA finds that the
maintenance plan SIP revision
submitted by Wisconsin for the 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
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 or contribute to
new air quality violations, worsen
existing air quality problems, or delay
timely attainment of the NAAQS or any
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required interim emission reductions or
other milestones. Regulations at 40 CFR
part 93 set forth EPA policy, criteria,
and procedures for demonstrating and
assuring conformity of transportation
activities to a SIP. Transportation
conformity is a requirement for
nonattainment and maintenance areas.
(See 40 CFR 93.102(b).) Maintenance
areas are areas that were previously
nonattainment for a particular NAAQS,
but that have been redesignated to
attainment and are required to develop
a CAA section 175A maintenance plan
for the NAAQS.
Under the CAA, states are required to
submit, at various times, control strategy
SIPs for nonattainment areas and
maintenance plans for areas seeking
redesignations to attainment of the
ozone standard and maintenance areas.
See the SIP requirements for the 2015
ozone NAAQS in EPA’s December 6,
2018 implementation rule (83 FR
62998). These control strategy SIPs
(including reasonable further progress
plans and attainment plans) and
maintenance plans must include
budgets for criteria pollutants, including
ozone, and their precursor pollutants
(VOC and NOX for ozone) to address
pollution from on-road transportation
sources. The budgets 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 budget 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
budgets for other years as well. The
budgets serve as a ceiling on emissions
from an area’s planned transportation
system. The budgets 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 budgets in the SIP and how
to revise the budgets, if needed,
subsequent to initially establishing
budgets in the SIP.
B. What is the status of EPA’s adequacy
determination for the proposed VOC
and NOX budgets for the area?
When reviewing submitted control
strategy SIPs or maintenance plans
containing budgets, EPA must
affirmatively find that the budgets
contained therein are adequate for use
in determining transportation
conformity. Once EPA affirmatively
finds that the submitted budgets are
adequate for transportation purposes,
the budgets must be used by state and
Federal agencies in determining
whether transportation plans,
transportation improvement programs
and, in the case of isolated rural areas,
proposed transportation projects
conform to the SIP as required by
section 176(c) of the CAA.17
EPA’s substantive criteria for
determining adequacy of a budgets are
set out in 40 CFR 93.118(e)(4). The
process for determining adequacy
consists of three basic steps: Public
notification of a SIP submission;
provision for a public comment period;
and EPA’s adequacy determination. EPA
adopted regulations to codify the
adequacy process in the Transportation
Conformity Rule Amendments for the
‘‘New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and
Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change,’’
on July 1, 2004 (69 FR 40004).
As discussed earlier, Wisconsin’s
maintenance plan includes NOX and
VOC budgets for the area for 2035 and
2030, the last year of the maintenance
period and an interim year, respectively.
EPA has reviewed Wisconsin’s VOC and
NOX budgets for the area and, in this
action, is proposing to approve them.
We are also starting the adequacy
review process for these budgets.
Wisconsin’s January 5, 2022
maintenance plan SIP submission,
including the VOC and NOX budgets for
the area, is available for public comment
via this proposed rulemaking. The
submitted maintenance plan, which
includes the budgets, was endorsed by
the Governor’s designee and was subject
to a state public hearing. The budgets
were developed as part of an
interagency consultation process which
includes Federal, state, and local
agencies. The budgets were clearly
identified and precisely quantified
using the following methodology. To
accurately identify future on-road
emissions, WDNR grew VMT from 2019
using growth rates provided by the
Wisconsin Department of
Transportation for two general classes of
vehicles (automobiles and trucks). After
growing the VMT for these two general
classes, WDNR allocated the VMT to
vehicle sub-classes based on the
MOVES3 default VMT splits by vehicle
class for Door County for 2030 and
2035. To account for additional driving
during the summer, WDNR developed
adjustment factors using data averaged
over a 10-year period to convert the
annual VMT (divided by 365) to ozone
season weekday VMT. These budgets,
when considered together with all other
emissions sources, are consistent with
maintenance of the 2015 ozone NAAQS.
TABLE 12—BUDGETS FOR THE AREA (TPSD)
Attainment
year 2019
on-road
emissions
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VOC .............................
NOX ..............................
2030
estimated
on-road
emissions
0.2235
0.6141
2030 mobile
safety margin
allocation
(%)
0.1173
0.2604
2030 budgets
15
15
0.1349
0.2995
2035
estimated
on-road
emissions
0.1003
0.2248
2035 mobile
safety margin
allocation
(%)
15
15
2035 budgets
0.1153
0.2586
As shown in Table 12, the 2030 and
2035 budgets exceed the estimated 2030
and 2035 on-road sector emissions. To
accommodate future variations in VMT
in the area, Wisconsin allocated a
portion of the safety margin (described
further below) to the mobile sector.18
Wisconsin has demonstrated that with
mobile source emissions at or below
0.1349 TPSD and 0.1153 TPSD of VOC
and 0.2995 TPSD and 0.2586 TPSD of
NOX in 2030 and 2035, respectively,
17 The transportation conformity rule defines
isolated rural nonattainment and maintenance areas
as areas that do not contain or are not part of any
metropolitan planning area as designated under the
transportation planning regulations. Isolated rural
areas do not have Federally required metropolitan
transportation plans or TIPs and do not have
projects that are part of the emissions analysis of
any MPO’s metropolitan transportation plan or TIP.
Projects in such areas are instead included in
statewide transportation improvement programs.
These areas are not donut areas. (See 40 CFR
93.101.) Door County is an isolated rural area for
transportation conformity purposes.
18 Allocation of a safety margin to an area’s motor
vehicle emissions budgets is provided for by the
transportation conformity rule. (See 40 CFR
93.124(a).)
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including partial allocation of the safety
margin, emissions are projected to
remain under attainment year emission
levels. EPA is proposing to approve the
budgets for use to determine
transportation conformity in the area,
because EPA has determined that the
area can maintain attainment of the
2015 ozone NAAQS for the relevant
maintenance period with mobile source
emissions at the levels of the budgets in
conjunction with the levels of the
projected emissions inventories for the
upwind areas discussed above.
C. What is a safety margin?
A ‘‘safety margin’’ is the amount by
which the total projected emissions
from all sources of a given pollutant are
less than the total emissions that would
satisfy the applicable requirement for
maintenance. 40 CFR 93.101. As noted
in Table 11, the emissions in the area
are projected to have safety margins of
0.35 TPSD for NOX and 0.10 TPSD for
VOC in 2035 (the difference between the
attainment year, 2019, emissions and
the projected 2035 emissions for all
sources in the area). Similarly, there is
a safety margin of 0.31 TPSD for NOX
and 0.09 TPSD for VOC in 2030. Even
if emissions exceeded projected levels
by the full amount of the safety margin,
the area would still demonstrate
maintenance since emission levels
would equal those in the attainment
year.
As shown in Table 12 above,
Wisconsin is allocating a portion of that
safety margin to the on-road mobile
source sector. Specifically, in 2030,
Wisconsin is allocating 15% or 0.0176
TPSD and 0.0391 TPSD of the VOC and
NOX safety margins, respectively. In
2035, Wisconsin is allocating 15% or
0.0150 TPSD and 0.0338 TPSD of the
VOC and NOX safety margins,
respectively. Wisconsin is not
requesting allocation to the budgets of
the entire available safety margins
reflected in the demonstration of
maintenance. In fact, the amount
allocated to the budgets represents only
a small portion of the 2030 and 2035
safety margins. Therefore, even though
the state is requesting budgets that
exceed the projected on-road mobile
source emissions for 2030 and 2035
contained in the demonstration of
maintenance, the permissible level of
on-road mobile source emissions that
can be considered for transportation
conformity purposes is well within the
safety margins of the ozone maintenance
demonstration. Once allocated to onroad mobile sources, these safety
margins will not be available for use by
other sources. Further, the area is an
RTA. Therefore, in addition to the
VerDate Sep<11>2014
16:46 Mar 02, 2022
Jkt 256001
budgets, the estimated upwind
emissions reductions throughout the
maintenance period, which are
described above, are also important for
maintaining the 2015 ozone NAAQS in
the area throughout the 10-year
maintenance period.
VI. Proposed Actions
EPA is proposing to change the legal
designation of the revised Door County
(partial) area from nonattainment to
attainment for the 2015 ozone NAAQS.
Additionally, EPA is proposing
approval of the emissions inventory for
this area, which is a prerequisite to
finalizing the redesignation. 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 area in attainment of the 2015 ozone
NAAQS through 2035. Finally, EPA is
proposing to approve the newly
established 2030 and 2035 budgets for
the area and initiating the adequacy
process for these budgets.
VII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, the proposed
actions to approve Wisconsin’s SIP
Submissions merely approve state law
as meeting Federal requirements and do
not impose additional requirements
beyond those imposed by state law. For
these reasons, 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);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
• 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.
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.
E:\FR\FM\03MRP1.SGM
03MRP1
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules
Dated: February 24, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022–04319 Filed 3–2–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2020–0743; EPA–R05–
OAR–2021–0886; EPA–R05–OAR–2022–
0123; FRL–9567–01–R5]
Air Plan Approval; Indiana;
Redesignation of the Indiana Portion of
the Chicago-Naperville Area to
Attainment of the 2008 Ozone
Standard, NOX RACT Waiver, and
Serious Plan Elements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to find that
the Indiana portion of the ChicagoNaperville, IL-IN-WI area (Chicago area)
is attaining the 2008 ozone National
Ambient Air Quality Standard (NAAQS
or standard) and to redesignate the
Indiana portion of the Chicago area to
attainment for the 2008 ozone NAAQS,
because the request meets the statutory
requirements for redesignation under
the Clean Air Act (CAA). EPA is
proposing to approve, as a revision to
the Indiana State Implementation Plan
(SIP), the State’s plan for maintaining
the 2008 ozone NAAQS through 2035 in
the Chicago area. EPA is also proposing
to approve a waiver, for the Indiana
portion of the Chicago area, from the
oxides of nitrogen (NOX) requirements
of the CAA. EPA finds adequate and is
proposing to approve Indiana’s 2030
and 2035 volatile organic compound
(VOC) and NOX Motor Vehicle Emission
Budgets for the Indiana portion of the
Chicago area. Finally, the VOC
reasonably available control technology
(RACT), clean-fuel vehicle programs
(CFVP), enhanced monitoring of ozone
and ozone precursors (EMP), and
Enhanced motor vehicle Inspection/
Maintenance (I/M) SIP revisions. These
SIP revisions satisfy the above
requirements for a nonattainment area
that is classified as a ‘‘Serious area’’ for
the Indiana portion of the Chicago area
under the 2008 ozone NAAQS.
DATES: Comments must be received on
or before April 4, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2020–0743 (regarding the serious
area elements), EPA–R05–OAR–2021–
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
19:33 Mar 02, 2022
Jkt 256001
0886 (regarding the redesignation), or
EPA–R05–OAR–2022–0123 (regarding
the NOX RACT waiver) at https://
www.regulations.gov or via email to
arra.sarah@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Katie Mullen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–3490,
Mullen.Kathleen@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 Indiana’s
redesignation request?
V. Has the state adopted approvable motor
vehicle emission budgets?
VI. Section 182(f) NOX Exemption
VII. VOC RACT in the Indiana Portion of the
Chicago Area
VIII. Clean-Fuel Vehicle Programs (CFVP)
IX. Enhanced Monitoring of Ozone and
Ozone Precursors (EMP)
X. Enhanced I/M in the Indiana Portion of
the Chicago Area
XI. Proposed Actions
XII. Statutory and Executive order Reviews
I. What is EPA Proposing?
EPA is proposing to take several
related actions. EPA is proposing to
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
12033
determine that the Indiana portion of
the Chicago area is attaining the 2008
ozone NAAQS, based on quality-assured
and certified monitoring data for 2019–
2021, and that the Indiana portion of the
Chicago area has met the requirements
for redesignation under section
107(d)(3)(E) of the CAA. The Indiana
portion of the Chicago area consists of
Lake and Porter Counties in Northwest
Indiana. Indiana submitted this request
on December 6, 2021, with additional
information submitted on January 18,
2022. EPA is thus proposing to change
the legal designation of the Indiana
portion of the Chicago area from
nonattainment to attainment for the
2008 ozone NAAQS. EPA is also
proposing to approve, as a revision to
the Indiana 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 Chicago area in attainment of the
2008 ozone NAAQS through 2035. EPA
finds adequate and is proposing to
approve the newly-established 2030 and
2035 motor vehicle emissions budgets
(or budgets) for the Indiana portion of
the Chicago area. EPA is proposing to
approve a NOX waiver, for the Indiana
portion of the Chicago area, from the
NOX requirements of section 182(f) of
the CAA, included in Indiana’s January
18, 2022, submittal. EPA is also
proposing to approve the VOC RACT
SIP revisions included in Indiana’s
December 29, 2020, and September 17,
2021, submittals. Finally, EPA is
proposing to approve the CFVP and the
EMP SIP certifications included in
Indiana’s December 29, 2020, submittal
and the Enhanced I/M certification in
Indiana’s December 29, 2020, and
January 18, 2022 submittals. These
elements satisfy the serious VOC RACT,
CFVP, EMP, and Enhanced I/M
requirements for the Indiana portion of
the Chicago area for the 2008 ozone
NAAQS.
II. What is the background for these
actions?
EPA has determined that ground-level
ozone is detrimental to human health.
On March 27, 2008, EPA promulgated a
revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR part 50, the 2008
ozone NAAQS is attained in an area
when the 3-year average of the annual
fourth highest daily maximum 8-hour
average concentration is equal to or less
than 0.075 ppm, when truncated after
the thousandth decimal place, at all
ozone monitoring sites in the area. See
E:\FR\FM\03MRP1.SGM
03MRP1
Agencies
[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Proposed Rules]
[Pages 12020-12033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04319]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2022-0008; FRL-9609-01-R5]
Air Plan Approval; Wisconsin; Redesignation of the Revised Door
County (Partial) Area to Attainment of the 2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to find
that the revised Door County (partial) nonattainment area in Wisconsin
is attaining the 2015 ozone National Ambient Air Quality Standard
(NAAQS or standard) and to act in accordance with a request from the
Wisconsin Department of Natural Resources (WDNR) to redesignate the
area to attainment of the 2015 ozone NAAQS, because the request meets
the statutory requirements for redesignation under the Clean Air Act
(CAA). Wisconsin submitted this request on January 5, 2022. EPA is also
proposing to approve, as a revision to the Wisconsin State
Implementation Plan (SIP), the emissions inventory for the area and the
State's plan for maintaining the 2015 ozone NAAQS through 2035 in the
area. Finally, EPA is proposing to approve Wisconsin's 2030 and 2035
volatile organic compound (VOC) and oxides of nitrogen (NOX)
Motor Vehicle Emission Budgets (budgets) for this area and initiating
the adequacy review process for these budgets.
DATES: Comments must be received on or before April 4, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0008 at https://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6832,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of Wisconsin's redesignation request?
A. Has the area attained the 2015 ozone NAAQS?
B. Has Wisconsin met all applicable requirements of section 110
and part D of the CAA for the area, and does Wisconsin have a fully
approved SIP for the area under section 110(k) of the CAA?
C. Are the air quality improvements in the area due to permanent
and enforceable emission reductions?
D. Does Wisconsin have a fully approvable ozone maintenance plan
for the area?
V. Has the state adopted approvable motor vehicle emission budgets?
VI. Proposed actions
VII. Statutory and executive order reviews
I. What is EPA proposing?
EPA is proposing to determine that the revised Door County
(partial) nonattainment area in Wisconsin (the area) is attaining the
2015 ozone NAAQS, based on quality-assured and early \1\ certified
monitoring data for 2019-2021, and that this area has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
EPA is thus proposing to change the legal designation of the area from
nonattainment to attainment for the 2015 ozone NAAQS. EPA is also
proposing to approve, as a revision to the Wisconsin SIP, the emissions
inventory for this area and the State's maintenance plan (such approval
being one of the CAA criteria for redesignation to attainment status)
for the area. The maintenance plan is designed to keep the area in
attainment of the 2015 ozone NAAQS through 2035. Finally, EPA is
proposing to approve the newly-established 2030 and 2035 budgets for
the area.
---------------------------------------------------------------------------
\1\ Annual monitoring data is typically certified by May 1 of
the following year. In this case Wisconsin has early-certified the
2021 ozone data for the area prior to the May 1, 2022, deadline.
---------------------------------------------------------------------------
II. What is the background for these actions?
Ground-level ozone is detrimental to human health. On October 1,
2015, EPA promulgated a revised health-based 8-hour ozone NAAQS of
0.070 parts per million (ppm). See 80 FR 65292 (October 26, 2015).
Under EPA's regulations at 40 CFR part 50, the 2015 ozone NAAQS is
attained in an area when the 3-year average of the annual fourth
highest daily maximum 8-hour average concentration is equal to or less
than 0.070 ppm, when truncated after the thousandth decimal place, at
all the ozone monitoring sites in the area. See 40 CFR 50.19 and
appendix U to 40 CFR part 50.
Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B)
of the CAA requires EPA to designate as nonattainment any areas that
are violating the NAAQS, based on the most
[[Page 12021]]
recent three years of quality assured ozone monitoring data. This
portion of the area was designated as a Marginal nonattainment area and
as a Rural Transport Area (RTA) \2\ for the 2015 ozone NAAQS on June
14, 2021 (86 FR 31438, effective July 14, 2021) based on 2014-2016
data.\3\ EPA is also proposing approval of the emission inventory and
the motor vehicle emissions budgets (budgets) for the area.
---------------------------------------------------------------------------
\2\ EPA designated the area as a Rural Transport Area (RTA),
which means EPA determined that the NOX and VOC emissions
from sources within the area do not make a significant contribution
to ozone concentrations in the area itself or in other areas.
\3\ On December 22, 2017, EPA announced an anticipated 2015
ozone NAAQS nonattainment area designation for the portion of Door
County Wisconsin north of the Sturgeon Bay Canal (including Newport
State Park). On June 4, 2018 (83 FR 25776) (effective August 3,
2018), EPA, consistent with information provided by Wisconsin,
finalized designation of a smaller than anticipated nonattainment
area limited only to the Newport State Park boundary. On June 10,
2020 (85 FR 35377), based on the area's satisfaction of CAA
requirements, EPA finalized redesignation to attainment for the
Newport State Park area. On June 14, 2021 (86 FR 31438, effective
July 14, 2021) as part of its review of certain area designations
for the 2015 ozone standards in response to a July 2020, remand
issued by the D.C. Circuit Court of Appeals (the D.C. Circuit), EPA
designated as nonattainment of the 2015 ozone NAAQS the portion of
Door County north of the Sturgeon Bay canal (excluding the recently
redesignated Newport State Park). This portion of Door County north
of the Sturgeon Bay Canal (excluding Newport State Park) is known as
the ``Revised Door County'' nonattainment area (or area) and is the
subject of this redesignation proposal notice.
---------------------------------------------------------------------------
III. What are the criteria for redesignation?
Section 107(d)(3)(E) of the CAA allows redesignation of an area to
attainment of the NAAQS provided that: (1) The Administrator (EPA)
determines that the area has attained the NAAQS; (2) the Administrator
has fully approved the applicable implementation plan for the area
under section 110(k) of the CAA; (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP, applicable Federal air pollutant control regulations, and other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area as meeting the
requirements of section 175A of the CAA; and (5) the state containing
the area has met all requirements applicable to the area for the
purposes of redesignation under section 110 and part D of the CAA.
IV. What is EPA's analysis of Wisconsin's redesignation request?
A. Has the area attained the 2015 ozone NAAQS?
For redesignation of a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2015
ozone NAAQS if it meets the 2015 ozone NAAQS, as determined in
accordance with 40 CFR 50.19 and appendix U of part 50, based on three
complete, consecutive calendar years of quality-assured air quality
data for all monitoring sites in the area. To attain the 2015 ozone
NAAQS, the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentrations (ozone design values) at each monitor
must not exceed 0.070 ppm. The air quality data must be collected and
quality-assured in accordance with 40 CFR part 58 and recorded in EPA's
Air Quality System (AQS). Ambient air quality monitoring data for the
3-year period must also meet data completeness requirements. An ozone
design value is valid if daily maximum 8-hour average concentrations
are available for at least 90% of the days within the ozone monitoring
seasons,\4\ on average, for the 3-year period, with a minimum data
completeness of 75% during the ozone monitoring season of any year
during the 3-year period. See section 4 of appendix U to 40 CFR part
50.
---------------------------------------------------------------------------
\4\ The ozone season is defined by state in 40 CFR 58 appendix
D. The ozone season for Wisconsin is March 1-October 15. See 80 FR
65292, 65466-67 (October 26, 2015).
---------------------------------------------------------------------------
EPA has reviewed the available ozone monitoring data for the 2019-
2021 period. These data have been quality assured, are recorded in the
AQS, and have been early certified. These data demonstrate that the
area is attaining the 2015 ozone NAAQS. The annual fourth-highest 8-
hour ozone concentration and the 3-year average of these concentrations
(monitoring site ozone design value) for the area monitoring site are
summarized in Table 1.
Table 1--Annual Fourth High Daily Maximum 8-Hour Ozone Concentration and 3-Year Average of the Fourth High Daily
Maximum 8-Hour Ozone Concentrations for the Area
----------------------------------------------------------------------------------------------------------------
Fourth high 2019-2021
County Monitor Year % Observed (ppm) average (ppm)
----------------------------------------------------------------------------------------------------------------
Door............................ 55-029-0004 2019 97 0.066 0.070
2020 98 0.075
2021 99 0.070
----------------------------------------------------------------------------------------------------------------
The area's 3-year ozone design value for 2019-2021 is 0.070 ppm,
which meets the 2015 ozone NAAQS. Therefore, in this action, EPA
proposes to determine that the area is attaining the 2015 ozone NAAQS.
EPA will not take final action to determine that the area is
attaining the NAAQS nor to approve the redesignation of this area if
the design value of the monitoring site in the area violates the NAAQS
prior to final approval of the redesignation. As discussed in section
IV.D.3. below, Wisconsin has committed to continue monitoring ozone in
this area to verify maintenance of the 2015 ozone NAAQS.
B. Has Wisconsin met all applicable requirements of section 110 and
part D of the CAA for the area, and does Wisconsin have a fully
approved SIP for the area under section 110(k) of the CAA?
For redesignation of an area from nonattainment to attainment of a
NAAQS, the CAA requires EPA to determine that the state has met all
applicable requirements under section 110 and part D of title I of the
CAA (see section 107(d)(3)(E)(v) of the CAA) and that the state has a
fully approved SIP under section 110(k) of the CAA (see section
107(d)(3)(E)(ii) of the CAA). EPA finds that Wisconsin has met all
applicable SIP requirements, for purposes of redesignation, under
section 110 and part D of title I of the CAA (requirements specific to
nonattainment areas for the 2015 ozone NAAQS). Additionally, EPA finds
that all applicable requirements of the Wisconsin SIP for the area have
been fully approved under section 110(k) of the CAA. In making these
[[Page 12022]]
determinations, EPA ascertained which requirements are applicable for
purposes of redesignation, and 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 these applicable requirements of the CAA.
The Calcagni memorandum \5\ describes EPA's interpretation of which
requirements are ``applicable'' for purposes of redesignation under
section 107(d)(3)(E) of the CAA. Under this interpretation, a
requirement is not ``applicable'' unless it was due prior to the
state's submittal of a complete redesignation request for the area. See
also the Shapiro memorandum \6\ 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).
---------------------------------------------------------------------------
\5\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the ``Calcagni
memorandum'').
\6\ ``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 (``the Shapiro memorandum'').
---------------------------------------------------------------------------
1. Wisconsin Has Met All Applicable Requirements of Section 110 and
Part D of the CAA Applicable to the Area for Purposes of Redesignation
a. Section 110 General Requirements for Implementation Plans
Section 110(a)(2) of the CAA outlines the general requirements for
a SIP. Section 110(a)(2) provides that the SIP must have been adopted
by the state after reasonable public notice and hearing, and that,
among other things, it must: (1) Include enforceable emission
limitations and other control measures, means or techniques necessary
to meet the requirements of the CAA; (2) provide for establishment and
operation of appropriate devices, methods, systems and procedures
necessary to monitor ambient air quality; (3) provide for
implementation of a source permit program to regulate the modification
and construction of stationary sources within the areas covered by the
plan; (4) include provisions for the implementation of part C
prevention of significant deterioration (PSD) and part D new source
review (NSR) permit programs; (5) include provisions for stationary
source emission control measures, monitoring, and reporting; (6)
include provisions for air quality modeling; and, (7) provide for
public and local agency participation in planning and emission control
rule development.
Section 110(a)(2)(D) of the CAA requires SIPs to contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address transport of
certain air pollutants, e.g., NOX SIP call, Clean Air
Interstate Rule (CAIR) and the Cross-State Air Pollution Rule (CSAPR).
However, like many of the 110(a)(2) requirements, the section
110(a)(2)(D) SIP requirements are not linked with a particular area's
ozone designation and classification. EPA concludes that the SIP
requirements linked with the area's ozone designation and
classification are the relevant measures to evaluate when reviewing a
redesignation request for the area. The section 110(a)(2)(D)
requirements, where applicable, continue to apply to a state regardless
of the designation of any one particular area within the state. Thus,
we believe these requirements are not applicable requirements for
purposes of redesignation. See 65 FR 37890 (June 15, 2000), 66 FR 50399
(October 19, 2001), 68 FR 25418, 25426-27 (May 13, 2003).
In addition, EPA believes that other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's ozone attainment status are not applicable requirements for
purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated to attainment of the 2015
ozone NAAQS. The section 110 and part D requirements 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 requirements, as well as with
section 184 ozone transport requirements. See Reading, Pennsylvania
proposed and final rulemakings, 61 FR 53174-53176 (October 10, 1996)
and 62 FR 24826 (May 7, 1997); Cleveland-Akron-Loraine, Ohio final
rulemaking, 61 FR 20458 (May 7, 1996); and Tampa, Florida final
rulemaking, 60 FR 62748 (December 7, 1995). See also the discussion of
this issue in the Cincinnati, Ohio ozone redesignation 65 FR 37890
(June 19, 2000), and the Pittsburgh, Pennsylvania ozone redesignation
66 FR 50399 (October 19, 2001).
We have reviewed Wisconsin's SIP and concluded that it meets the
general SIP requirements under section 110 of the CAA, to the extent
those requirements are applicable for purposes of redesignation.\7\
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\7\ On September 14, 2018, Wisconsin submitted a SIP to meet the
requirements of section 110 for the 2015 ozone NAAQS. The
requirements of section 110(a)(2), however, are statewide
requirements that are not linked to the 2015 ozone NAAQS
nonattainment status of the area. Therefore, EPA concludes that
these infrastructure requirements are not applicable requirements
for purposes of review of the State's 2015 ozone NAAQS redesignation
request.
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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 area was classified as Marginal under subpart 2 for the 2015
ozone NAAQS. Therefore, the area is subject to the subpart 1
requirements contained in section 172(c) and section 176. Similarly,
the area is subject to the subpart 2 requirements contained in section
182(a) (Marginal nonattainment area requirements). A thorough
discussion of the requirements contained in section 172(c) and 182 can
be found in the General Preamble for Implementation of Title I (57 FR
13498).
i. Subpart 1 Section 172 Requirements
CAA Section 172(b) requires states to submit SIPs meeting the
requirements of section 172(c) no later than three years from the date
of the nonattainment designation. For the area, the SIP provisions
required under CAA section 172 were due August 3, 2021.
EPA previously approved Wisconsin's nonattainment NSR program on
January 18, 1995 (60 FR 3538), and proposed an updated approval on
January 19, 2022 (87 FR 2719). However, notwithstanding this approval,
because PSD requirements will apply after redesignation, EPA has
determined that areas being redesignated need not
[[Page 12023]]
comply with the requirement that an NSR program be approved prior to
redesignation, provided that the area demonstrates maintenance of the
NAAQS without part D NSR. A more detailed rationale for this view is
described in the Nichols memorandum.\8\ 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 area upon redesignation to attainment. EPA approved Wisconsin's PSD
program on October 6, 2014 (79 FR 60064) and February 7, 2017 (82 FR
9515).
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\8\ ``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment'' Memorandum from Mary Nichols,
Assistant Administrator for Air and Radiation, October 14, 1994
(``the Nichols memorandum'').
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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 \9\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state conformity rules have
not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)
(upholding this interpretation); see also 60 FR 62748 (December 7,
1995) (redesignation of Tampa, Florida). Nonetheless, Wisconsin has an
approved conformity SIP for the Door County area. See 79 FR 10995
(February 27, 2014).
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\9\ 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 budgets,
such as control strategy SIPs and maintenance plans.
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iii. Inventory Requirement
CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and
7511a(a)(1), require states to develop and submit, as SIP revisions,
emission inventories for all areas designated as nonattainment for any
NAAQS, including the ozone NAAQS. An emission inventory for ozone is an
estimation of actual emissions of air pollutants that contribute to the
formation of ozone in an area. Ozone is a gas that is formed by the
reaction of VOC and NOX in the atmosphere in the presence of
sunlight (VOC and NOX are referred to as ozone precursors).
Therefore, an emission inventory for ozone focuses on the emissions of
VOC and NOX. VOC is emitted by many types of pollution
sources, including power plants, industrial sources, on-road and
nonroad mobile sources, smaller stationary sources, collectively
referred to as area sources, and biogenic sources. NOX is
primarily emitted by combustion sources, both stationary and mobile.
Emission inventories provide emissions data for a variety of air
quality planning tasks, including establishing baseline emission levels
(anthropogenic [manmade] emissions associated with ozone standard
violations), calculating emission reduction targets needed to attain
the NAAQS and to achieve reasonable further progress (RFP) toward
attainment of the ozone standard (not required in the area considered
here), determining emission inputs for ozone air quality modeling
analyses, and tracking emissions over time to determine progress toward
achieving air quality and emission reduction goals. As stated above,
the CAA requires the states to submit emission inventories for areas
designated as nonattainment for ozone. For the 2015 ozone NAAQS, EPA
specifies that states submit ozone season day emission estimates for an
inventory calendar year to be consistent with the baseline year for RFP
plan as required by 40 CFR 51.1310(b). For the RFP baseline year for
the 2015 ozone NAAQS under 40 CFR 51.1310(b), states may use a calendar
year for the most recently available complete triennial (3-year cycle)
emissions inventory (40 CFR 51, subpart A) preceding the year of the
area's effective date of designation as a nonattainment area. (83 FR
63034-63035, December 6, 2018). States are required to submit estimates
of VOC and NOX emissions for four general classes of
anthropogenic sources: Stationary point sources; area sources; on-road
mobile sources; and nonroad mobile sources.
WDNR provided documentation of a 2014 NOX and VOC base
year emissions inventory requirement for the area. WDNR selected 2014
because this was one of the three years of ozone data indicating a
violation of the ozone standard that were used to designate the areas
as nonattainment for the 2015 ozone NAAQS. 83 FR 25778, 25779. Tables 2
and 3 summarize the 2014 NOX and VOC emissions for the area
in tons of emissions per ozone season day.
EPA has reviewed WDNR's requested SIP revision for consistency with
sections 172(c)(3) CAA and 182(a)(1) of the CAA and with EPA's emission
inventory requirements. In particular, EPA has reviewed the techniques
used by WDNR to derive and quality assure the emission estimates. EPA
has also considered whether Wisconsin has provided the public with the
opportunity to review and comment on the development of the emission
estimates, whether Wisconsin has confirmed that source facility
emission statements are required for the 2015 ozone standard, and
whether the State has addressed all public comments. WDNR documented
the procedures used to estimate the emissions for each of the major
source types including running the latest version of the Motor Vehicle
Emission Simulator model (MOVES3.0.2) for the on-road and nonroad
emissions. The documentation of the emission estimation procedures is
thorough and is adequate for EPA to determine that Wisconsin followed
acceptable procedures to estimate the emissions. Accordingly, we
conclude that Wisconsin has developed inventories of NOX and
VOC emissions that are comprehensive and complete.
iv. Subpart 2 Section 182(a) 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 within two years of designation. The emissions
inventory for the area, which was due August 3, 2020, is included in
WDNR's recent redesignation request. EPA's analysis of the inventory is
included above, and EPA proposes approval of this inventory as
satisfying the 182(a)(1) 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
[[Page 12024]]
to existing VOC reasonably available control technology (RACT) rules
that were required under section 172(b)(3) prior to the 1990 CAA
amendments. The area is not subject to the section 182(a)(2) RACT ``fix
up'' requirement for the 2015 ozone NAAQS because it was designated as
nonattainment for this standard after the enactment of the 1990 CAA
amendments and, in any case, Wisconsin complied with this requirement
for the larger Door County area under the prior 1-hour ozone NAAQS. See
59 FR 41709 (August 15, 1994) and 60 FR 20643 (April 27, 1995).
Section 182(a)(2)(B) requires each state with a Marginal ozone
nonattainment area that implemented or was required to implement a
vehicle inspection and maintenance (I/M) program prior to the 1990 CAA
amendments to submit a SIP revision for an I/M program no less
stringent than that required prior to the 1990 CAA amendments or that
was already in the SIP at the time of the CAA amendments, whichever is
more stringent. For the purposes of the 2015 ozone NAAQS and the
consideration of Wisconsin's redesignation request for this standard,
the area is not subject to the section 182(a)(2)(B) requirement because
the area was not required to have an I/M program prior to Nov. 15,
1990.
Section 182(a)(2)(C), under the heading ``Corrections to the State
Implementation Plans--Permit Programs'' contains a requirement for
states to submit NSR SIP revisions to meet the requirements of CAA
sections 172(c)(5) and 173 within two years after the date of enactment
of the 1990 CAA Amendments. For the purposes of the 2015 ozone NAAQS
and the consideration of Wisconsin's redesignation request for this
standard, the area is not subject to the section 182(a)(2)(C)
requirement because as mentioned previously EPA has determined that
areas being redesignated need not comply with the requirement that an
NSR program be approved prior to redesignation, provided that the area
demonstrates maintenance of the NAAQS without part D NSR.
Section 182(a)(4) specifies the emission offset ratio for Marginal
areas but does not establish a SIP submission deadline. EPA's December
6, 2018 implementation rule for the 2015 ozone NAAQS clarifies that
nonattainment NSR permit program requirements applicable to the 2015
NAAQS are due three years from the effective date of the nonattainment
designation. See 83 FR 62998, 63001. This approach is based on the
provision in CAA section 172(b) requiring the submission of plans or
plan revisions ``no later than 3 years from the date of the
nonattainment designation.''
EPA proposed approval on January 19, 2022 (87 FR 2719) of
Wisconsin's nonattainment NSR SIP revision to address the 2015 ozone
NAAQS in this area. In addition, EPA approved Wisconsin's PSD program
on October 6, 2014 (79 FR 60064) and February 7, 2017 (82 FR 9515). The
State's PSD program will become effective in the area upon
redesignation to attainment.
Section 182(a)(3) requires states to submit periodic emission
inventories and a revision to the SIP to require the owners or
operators of stationary sources to annually submit emission statements
documenting actual VOC and NOX emissions. As discussed below
in section IV.D.4. of this proposed rule, Wisconsin will continue to
update its emissions inventory at least once every three years. The
emission statement requirement for the area was due August 3, 2020. EPA
proposed on February 1, 2022 (87 FR 5438) to find that Wisconsin has
satisfied the emissions statement requirement for Wisconsin
nonattainment areas for the 2015 ozone NAAQS. Upon final rule, EPA
would then affirm that EPA finds that the area has satisfied all
applicable requirements for purposes of redesignation under section 110
and part D of title I of the CAA.
2. The Area has a Fully Approved SIP for Purposes of Redesignation
Under Section 110(k) of the CAA
At various times, Wisconsin has adopted and submitted, and EPA has
approved, provisions addressing the various SIP elements applicable for
the ozone NAAQS. As discussed above, EPA has fully approved the
Wisconsin SIP for the area under section 110(k) for all requirements
applicable for purposes of redesignation under the 2015 ozone NAAQS.
EPA may rely on prior SIP approvals in approving a redesignation
request (see the Calcagni memorandum at page 3; Southwestern
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-990 (6th
Cir. 1998); Wall v. EPA, 265 F.3d 426), plus any additional measures it
may approve in conjunction with a redesignation action (see 68 FR 25426
(May 12, 2003) and citations therein).
C. Are the air quality improvements in the area due to permanent and
enforceable emission reductions?
To redesignate an area from nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air
quality improvement in the area is due to permanent and enforceable
reductions in emissions resulting from the implementation of the SIP
and applicable Federal air pollution control regulations and other
permanent and enforceable emission reductions. EPA proposes to
determine that Wisconsin has demonstrated that the observed ozone air
quality improvement in the area is due to permanent and enforceable
reductions in VOC and NOX emissions resulting from State
measures adopted into the SIP and Federal measures.
In making this demonstration, the State has calculated the change
in emissions between 2014 and 2019 in the area. Wisconsin also looked
at ozone precursor emissions from the three major metro areas upwind of
the area. For every metro area there was a net reduction in emissions
(Tables 2-6). The reduction in emissions and the corresponding
improvement in air quality over this time period can be attributed to
Federal regulatory control measures (listed below) that Wisconsin and
upwind states have implemented in recent years.\10\ In addition,
Wisconsin provided an analysis to demonstrate the improvement in air
quality was not due to unusually favorable meteorology. More details
and EPA's assessment of this analysis are provided in Section 3
Meteorology. Based on the information summarized below, EPA proposes to
find that Wisconsin has adequately demonstrated that the improvement in
air quality is due to permanent and enforceable emissions reductions.
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\10\ EPA designated the area as a Rural Transport Area (RTA),
which means EPA determined that the NOX and VOC emissions
from sources within the area do not make a significant contribution
to ozone concentrations in the area itself, or in other areas.
Therefore, it is reasonable to find that the permanent and
enforceable precursor emissions reductions required for
redesignation must be from areas outside the area within Wisconsin's
control. The permanent and enforceable emissions reductions detailed
in Wisconsin's redesignation request and discussed in this proposed
action represent statewide reductions from Wisconsin and
specifically from Wisconsin's Green Bay metropolitan area and
Wisconsin's Milwaukee metropolitan area, both of which are upwind of
the area, and which, therefore, have the potential to impact ozone
levels in the area. Additionally, permanent and enforceable
reductions from Chicago, a multi-state metropolitan area upwind of
the area, are listed. The Chicago metropolitan area generally
consists of portions of Wisconsin, Illinois, and Indiana. For its
upwind emissions reduction analysis for the Chicago metropolitan
area, Wisconsin included: Cook, Dekalb, DuPage, Grundy, Kane,
Kendall, Lake, McHenry, and Will Counties in Illinois; Jasper, Lake,
Porter and Newton Counties in Indiana, and Kenosha County,
Wisconsin.
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[[Page 12025]]
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 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.\11\ Through Federal
Implementation Plans (FIPs), CSAPR required electric generating units
(EGUs) in eastern states, including Wisconsin, to meet annual and ozone
season NOX budgets and annual SO2 budgets
implemented through new trading programs. After delays caused by
litigation, EPA started implementing the CSAPR trading programs in
2015, simultaneously discontinuing administration of the CAIR trading
programs. On October 26, 2016, EPA published the CSAPR Update, which
established, starting in 2017, a new ozone season NOX
trading program for EGUs in eastern states, including Wisconsin, to
address the good neighbor provision for the 2008 ozone NAAQS (81 FR
74504). The CSAPR Update is projected to result in a 20% reduction in
ozone season NOX emissions from EGUs in the eastern United
States, a reduction of 80,000 tons in 2017 compared to 2015 levels. On
April 30, 2021, EPA published the Revised CSAPR Update, which fully
resolved the obligations of eastern states, including Illinois and
Indiana (which are upwind of the area), under the good neighbor
provision for the 2008 ozone NAAQS (82 FR 23054). The Revised CSAPR
Update is estimated to reduce ozone season NOX emissions
from EGUs by 17,000 tons beginning in 2021, compared to emissions
without the rule. The reduction in NOX emissions from the
implementation of CAIR and then CSAPR occurred during the attainment
years, and additional emission reductions will occur throughout the
maintenance period.
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\11\ 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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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 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 was phased in between 2017 and 2025. Tier 3 sets new
tailpipe standards for the sum of VOC and NOX and for
particulate matter (PM). The VOC and NOX tailpipe standards
for light-duty vehicles represent approximately an 80% reduction from
previous fleet average and a 70% reduction in per-vehicle PM standards.
Heavy-duty tailpipe standards represent about a 60% reduction in both
fleet average VOC and NOX and per-vehicle PM standards. The
evaporative emissions requirements in the rule are projected to 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 starting in January 2017. As projected by these
estimates and demonstrated in the on-road emission modeling for the
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
ppm by 2007, leading to additional reductions in combustion
NOX and VOC emissions. EPA has estimated future year
emission reductions due to implementation of this rule. Nationally, EPA
estimated that 2015 NOX and VOC emissions would decrease by
1,260,000 tons and 54,000 tons, respectively. Nationally, EPA estimated
that by 2030 NOX and VOC emissions will decrease by
2,570,000 tons and 115,000 tons, respectively. As projected by these
estimates and demonstrated in the on-road emission modeling for the
area, some of these emission reductions occurred during the attainment
years and additional emission reductions will occur throughout the
maintenance period, as older vehicles are replaced with newer,
compliant model years.
Nonroad Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a
rule adopting emissions standards for nonroad diesel engines and sulfur
reductions in nonroad diesel fuel. This rule applies to diesel engines
used primarily in construction, agricultural, and industrial
applications. Emission standards are phased in for 2008 through 2015
model years based on engine size. The 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 nonroad diesel engines by approximately 90%. As
projected by these estimates and demonstrated in the nonroad emission
modeling for the area, some of these emission reductions occurred
during the attainment years and additional emission reductions will
occur throughout the maintenance period.
Nonroad Spark-Ignition Engines and Recreational Engine Standards.
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and
recreational marine diesel engines. These emission standards are phased
in from model year 2004 through 2012. When fully implemented, EPA
estimates an overall 72% reduction in VOC
[[Page 12026]]
emissions from these engines and an 80% reduction in NOX
emissions. As projected by these estimates and demonstrated in the
nonroad emission modeling for the area, some of these emission
reductions occurred by the attainment years and additional emission
reductions will occur throughout the maintenance period.
Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR
22896) EPA issued emission standards for marine compression-ignition
engines at or above 30 liters per cylinder. Tier 2 emission standards
have applied beginning in 2011 and are expected to result in a 15 to
25% reduction in NOX emissions from these engines. Final
Tier 3 emission standards have applied beginning in 2016 and are
expected to result in approximately an 80% reduction in NOX
from these engines. As projected by these estimates and demonstrated in
the nonroad emission modeling for the area, some of these emission
reductions occurred during the attainment years and additional emission
reductions will occur throughout the maintenance period.
2. Emission Reductions
Wisconsin calculated the change in emissions between 2014 and 2019
in the area and three major metro areas upwind of the area. For every
metro area there was a net reduction in emissions (Tables 2-6). The
reduction in emissions and the corresponding improvement in air quality
over this time period can be attributed to the Federal regulatory
control measures (listed above). Wisconsin is using a 2014 emissions
inventory as the nonattainment year. This is appropriate because it was
one of the years used to designate the area as nonattainment. Wisconsin
is using 2019 as the attainment year, which is appropriate because it
is one of the years in the 2019-2021 period used to demonstrate
attainment.
As mentioned previously, EPA designated the area as an RTA.
Therefore, the permanent and enforceable precursor emissions reductions
required for redesignation must be inclusive of areas outside the RTA
within Wisconsin's control. The permanent and enforceable emissions
reductions discussed in this proposed action represent statewide
reductions from Wisconsin and specifically from Wisconsin's Green Bay
metropolitan area \12\ and Wisconsin's Milwaukee metropolitan area,\13\
both of which are upwind of the area and in line with general wind
patterns on exceedance days,\14\ and which, therefore, have the
potential to impact ozone levels in the area. Additionally, permanent
and enforceable reductions from Chicago, a multi-state metropolitan
area \15\ upwind of the area, are listed. In developing the emissions
inventory information for these upwind metropolitan areas for the year
2014, Wisconsin generally used the 2014 National Emissions Inventory
(NEI) version 2 and the 2014 National Air Toxics Assessment (NATA) for
point, area, on-road, and nonroad sources. For 2019 emissions,
Wisconsin interpolated between the 2016 and 2023 emissions of EPA's
2016 version 1 emissions modeling platform. On-road and nonroad
emissions in Door County were modeled using MOVES3.
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\12\ For its upwind emissions reduction analysis for the Green
Bay metropolitan area, Wisconsin included Brown County, WI.
\13\ For its upwind emissions reduction analysis for the
Milwaukee metropolitan area, Wisconsin included: Ozaukee, Racine,
Waukesha and Washington Counties in Wisconsin.
\14\ See the Technical Support Document for Wisconsin for the
2015 Ozone NAAQS for Counties Remanded to EPA at https://www.epa.gov/sites/default/files/2021-05/documents/wi_tsd_remand_final.pdf.
\15\ The Chicago metropolitan area generally consists of
portions of Wisconsin, Illinois, and Indiana. For its upwind
emissions reduction analysis for the Chicago metropolitan area,
Wisconsin included: Cook, Dekalb, DuPage, Grundy, Kane, Kendall,
Lake McHenry and Will Counties in Illinois; Jasper, Lake, Porter and
Newton Counties in Indiana, and Kenosha County, Wisconsin.
---------------------------------------------------------------------------
The emissions data that Wisconsin used were available in units of
tons per year. Wisconsin expects summer day emissions to be slightly
higher relative to the rest of the year due to increases in vehicle
miles traveled (VMT) and nonroad activity. Therefore, Wisconsin
calculated tons per summer day (tpsd) by dividing annual emissions for
mobile source sectors by 330 rather than 365 days to avoid
underestimating mobile source sector emissions. For the purpose of
estimating regional emissions trends from areas upwind of the
nonattainment area, Wisconsin assumed point and area source facilities
operate steadily over 365 days each year. Therefore, Wisconsin
estimated 2014 and 2019 summer day emissions by dividing the annual
emissions for the point and area sectors by 365 days. EPA proposes to
find Wisconsin's methods to be reasonable given Wisconsin's assumptions
regarding emissions activity from the various source sectors.
Using the inventories described above, Wisconsin documents changes
in VOC and NOX emissions from 2014 to 2019 for the area as
well as for the upwind metropolitan areas described above, including
the Green Bay area, the Milwaukee area, and the Chicago area. Emissions
data are shown in Tables 2 through 6. As shown in Table 6, overall
NOX and VOC emissions declined between 2014 and 2019.
Table 2--NOX Emissions for Nonattainment Year 2014 (tpsd)
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad On-road Total
----------------------------------------------------------------------------------------------------------------
Door County (partial)........... 0.00 0.20 3.32 0.87 4.39
Green Bay area.................. 15.57 2.63 4.05 11.20 33.45
Milwaukee area.................. 21.06 17.87 28.19 57.74 124.86
Chicago area.................... 156.24 96.68 158.24 311.75 722.91
----------------------------------------------------------------------------------------------------------------
Table 3--VOC Emissions for Nonattainment Year 2014 (tpsd)
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad On-road Total
----------------------------------------------------------------------------------------------------------------
Door County (partial)........... 0.21 0.74 3.38 0.29 4.62
Green Bay area.................. 4.27 8.71 2.91 6.31 22.20
Milwaukee area.................. 9.40 50.40 18.77 31.07 109.64
Chicago area.................... 50.20 240.36 91.62 170.29 552.47
----------------------------------------------------------------------------------------------------------------
[[Page 12027]]
Table 4--NOX Emissions for Attainment Year 2019 (tpsd)
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad On-road Total
----------------------------------------------------------------------------------------------------------------
Door County (partial)........... 0.00 0.20 2.99 0.61 3.80
Green Bay area.................. 6.30 2.60 2.58 6.49 17.97
Milwaukee area.................. 17.39 17.66 16.49 29.15 80.69
Chicago area.................... 117.05 95.23 131.72 171.02 515.02
----------------------------------------------------------------------------------------------------------------
Table 5--VOC Emissions for Attainment Year 2019 (tpsd)
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad On-road Total
----------------------------------------------------------------------------------------------------------------
Door County (partial)........... 0.13 0.74 2.28 0.22 3.37
Green Bay area.................. 4.54 9.01 1.64 3.78 18.97
Milwaukee area.................. 9.41 50.81 11.51 16.42 88.15
Chicago area.................... 47.73 242.83 68.78 99.75 459.09
----------------------------------------------------------------------------------------------------------------
Table 6--Change in NOX and VOC Emissions Between 2014 and 2019 (tpsd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
-----------------------------------------------------------------------------------------------
Net change Net change
2014 2019 (2014-2019) 2014 2019 (2014-2019)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Door County (partial)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 0.00 0.00 0.00 0.21 0.13 0.08
Area.................................................... 0.20 0.20 0.00 0.74 0.74 0.00
Nonroad................................................. 3.32 2.99 0.33 3.38 2.28 1.10
On-road................................................. 0.87 0.61 0.26 0.29 0.22 0.07
-----------------------------------------------------------------------------------------------
Total............................................... 4.39 3.80 0.59 4.62 3.37 1.25
--------------------------------------------------------------------------------------------------------------------------------------------------------
Green Bay Area (Brown County only)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 15.57 6.30 9.27 4.28 4.54 -0.26
Area.................................................... 2.63 2.60 0.03 8.71 9.01 -0.30
Nonroad................................................. 4.05 2.58 1.47 2.91 1.64 1.27
On-road................................................. 11.20 6.49 4.71 6.31 3.78 2.53
-----------------------------------------------------------------------------------------------
Total............................................... 33.45 17.97 15.48 22.21 18.97 3.24
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 21.06 17.39 3.67 9.40 9.41 -0.01
Area.................................................... 17.87 17.66 0.21 50.40 50.81 -0.41
Nonroad................................................. 28.19 16.49 11.70 18.77 11.51 7.26
On-road................................................. 57.74 29.15 28.59 31.07 16.42 14.65
-----------------------------------------------------------------------------------------------
Total............................................... 124.86 98.07 26.79 109.64 97.57 12.07
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chicago Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 156.24 117.05 39.19 50.20 47.73 2.47
Area.................................................... 96.68 95.23 1.45 240.36 242.83 -2.47
Nonroad................................................. 158.24 131.72 26.52 91.62 68.78 22.84
On-road................................................. 311.75 171.02 140.73 170.29 99.75 70.54
-----------------------------------------------------------------------------------------------
Total............................................... 722.92 632.06 90.86 552.47 506.84 45.63
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Meteorology
Wisconsin included an analysis to further support its demonstration
that the improvement in air quality between the year violations
occurred and the year attainment was achieved is due to permanent and
enforceable emission reductions and not unusually favorable
meteorology. Ozone formation is a complex process with atmospheric
chemical reactions involving NOX and VOC precursor species.
Summertime ozone formation tends to be positively correlated with
temperature and can be influenced by other meteorological factors such
as wind speed, wind direction, and precipitation. Wisconsin examined
the factors influencing high ozone at the Door County monitor from
2005-2020, isolated days with meteorological factors favorable to ozone
detected at Door County from 2005-2020 and plotted the temporal trend
in ozone on these days during this time period from 2005-2020.
Wisconsin's analysis grouped days with similar meteorology which
normalizes the influence of meteorological variability on the
underlying trend in ozone concentrations. Therefore, the remaining
trend in ozone concentrations can be inferred to be due to trends in
[[Page 12028]]
non-meteorological predictors, such as reductions in precursor
emissions. As such, Wisconsin's analysis suggests that the observed
long-term decreases in ozone concentrations including the more recent
nonattainment to attainment year ozone concentrations are due to the
permanent and enforceable reductions in ozone precursor emissions
discussed earlier, rather than from meteorological factors. EPA finds
the analysis to be a useful tool here in showing that air quality was
not due to unusually favorable meteorology. Therefore, EPA finds that
Wisconsin has shown that the air quality improvements in the area are
due to permanent and enforceable emissions reductions and not unusually
favorable meteorology.
D. Does Wisconsin have a fully approvable ozone maintenance plan for
the area?
As one of the criteria for redesignation to attainment section
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has
a fully approved maintenance plan pursuant to section 175A of the CAA.
Section 175A of the CAA sets forth the elements of a maintenance plan
for areas seeking redesignation from nonattainment to attainment. Under
section 175A, the maintenance plan must demonstrate continued
attainment of the NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment of the NAAQS will continue for an
additional 10 years beyond the initial 10-year maintenance period. To
address the possibility of future NAAQS violations, the maintenance
plan must contain contingency measures, as EPA deems necessary, to
assure prompt correction of the future NAAQS violation.
The Calcagni memorandum provides further guidance on the content of
a maintenance plan, explaining that a maintenance plan should address
five elements: (1) An attainment emissions inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a process for verification of continued attainment; and (5) a
contingency plan. In conjunction with its request to redesignate the
area to attainment for the 2015 ozone NAAQS, Wisconsin submitted a SIP
revision to provide for maintenance of the 2015 ozone NAAQS through
2035, more than 10 years after the expected effective date of the
redesignation to attainment. As discussed below, EPA proposes to find
that Wisconsin's ozone maintenance plan includes the necessary
components and to approve the maintenance plan as a revision of the
Wisconsin SIP.
1. Attainment Inventory
EPA is proposing to determine that the area has attained the 2015
ozone NAAQS based on monitoring data for the period of 2019-2021.
Wisconsin selected 2019 as the attainment emissions inventory year to
establish attainment emission levels for VOC and NOX.
Attainment emissions inventories identify the levels of emissions in
the nonattainment area that are sufficient to attain the NAAQS. As
mentioned previously, EPA designated the area as an RTA. As such,
Wisconsin included an attainment emissions inventory for the
nonattainment area and additionally provided information about
attainment year emissions for upwind metropolitan areas that have the
potential to influence ozone levels in the RTA. The derivation of the
attainment year emissions for these areas is discussed above in section
IV.C.2. of this proposed rule. The attainment level emissions, by
source category, are summarized in Tables 4 and 5, above.
2. Has the state documented maintenance of the ozone standard in the
area?
Wisconsin has demonstrated maintenance of the 2015 ozone NAAQS
through 2035 by projecting that current and future emissions of VOC and
NOX for the area remain at or below attainment year emission
levels and, additionally, that upwind areas within Wisconsin's control
having the potential to influence ozone levels in the area, including
the Green Bay metropolitan area, the Milwaukee metropolitan area, and
the Chicago metropolitan area, a portion of which is within Wisconsin,
remain at or below attainment year emission levels. A maintenance
demonstration need not be 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 2030 and
2035 to demonstrate maintenance. 2035 is more than 10 years after the
expected effective date of the redesignation to attainment, and 2030
was selected to demonstrate that emissions are not expected to spike in
the interim between the attainment year and the final maintenance year.
The emissions inventories were developed as described below.
Wisconsin generally used EPA's 2016 Emissions Modeling Platform,
Version 1, which includes base year 2016 emissions and emissions
projections for the years 2023 and 2028. Wisconsin estimated 2030 and
2035 emissions by linearly extrapolating EPA's 2023 and 2028 emissions
projections. Wisconsin used the same methodology to convert annual tons
to tpsd for the 2030 and 2035 emissions projections as it used for the
2014 and 2019 inventory estimates. Thus, Wisconsin derived 2030 and
2035 summer day emissions by dividing the annual emissions for the
point and area sectors by 365 days and the mobile sectors by 330.
Interim and future year emissions estimates are shown in Tables 7
through 11 below. Specifically for Door County, Wisconsin ran MOVES3
for on-road emissions in both 2030 and 2035 for Door County.
Table 7--NOX Emissions for Interim Maintenance Year 2030 (tpsd)
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad On-road Total
----------------------------------------------------------------------------------------------------------------
Door County (partial)........... 0.00 0.19 2.18 0.30 2.67
Green Bay area.................. 5.61 2.56 1.48 1.86 11.51
Milwaukee area.................. 17.90 17.11 13.31 10.17 58.49
Chicago area.................... 101.84 89.52 113.96 69.03 374.35
----------------------------------------------------------------------------------------------------------------
Table 8--VOC Emissions for Interim Maintenance Year 2030 (tpsd)
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad On-road Total
----------------------------------------------------------------------------------------------------------------
Door County (partial)........... 0.18 0.74 1.37 0.13 2.42
[[Page 12029]]
Green Bay area.................. 4.55 9.38 1.41 1.97 17.31
Milwaukee area.................. 9.75 51.43 10.82 8.68 80.68
Chicago area.................... 46.45 249.38 66.68 49.96 412.47
----------------------------------------------------------------------------------------------------------------
Table 9--NOX Emissions for Maintenance Year 2035 (tpsd)
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad On-road Total
----------------------------------------------------------------------------------------------------------------
Door County (partial)........... 0.00 0.19 2.16 0.26 2.61
Green Bay area.................. 5.64 2.54 1.00 0.46 9.64
Milwaukee area.................. 17.78 16.89 12.58 4.94 52.19
Chicago area.................... 102.13 86.83 110.87 40.91 340.74
----------------------------------------------------------------------------------------------------------------
Table 10--VOC Emissions for Maintenance Year 2035 (tpsd)
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad On-road Total
----------------------------------------------------------------------------------------------------------------
Door County (partial)........... 0.18 0.75 1.28 0.12 2.33
Green Bay area.................. 4.56 9.54 1.35 1.43 16.88
Milwaukee area.................. 9.73 51.70 10.79 6.20 78.42
Chicago area.................... 46.23 252.30 67.68 33.82 400.03
----------------------------------------------------------------------------------------------------------------
Table 11--Change in NOX and VOC Emissions Between 2019 and 2035 (tpsd)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
-------------------------------------------------------------------------------------------------------------------------------
Net Change Net Change
2019 2030 2035 (2019-2035) 2019 2030 2035 (2019-2035)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Door County (partial)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Point........................................................... 0.00 0.00 0.00 0.00 0.13 0.18 0.18 -0.05
Area............................................................ 0.20 0.19 0.19 0.01 0.74 0.74 0.75 -0.01
Nonroad......................................................... 2.99 2.18 2.16 0.83 2.28 1.37 1.28 1.00
On-road......................................................... 0.61 0.30 0.26 0.35 0.22 0.13 0.12 0.10
-------------------------------------------------------------------------------------------------------------------------------
Total....................................................... 3.80 2.67 2.61 1.19 3.37 2.42 2.33 1.04
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Green Bay Area (Brown County only)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Point........................................................... 6.30 5.61 5.64 0.66 4.54 4.55 4.56 -0.02
Area............................................................ 2.60 2.56 2.54 0.06 9.01 9.38 9.54 -0.53
Nonroad......................................................... 2.58 1.48 1.00 1.58 1.64 1.41 1.35 0.29
On-road......................................................... 6.49 1.86 0.46 6.03 3.78 1.97 1.43 2.35
-------------------------------------------------------------------------------------------------------------------------------
Total....................................................... 17.97 11.51 9.64 8.33 18.97 17.31 16.88 2.09
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee Area
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Point........................................................... 17.39 17.90 17.78 -0.39 9.41 9.75 9.73 -0.32
Area............................................................ 17.66 17.11 16.89 0.77 50.81 51.43 51.70 -0.89
Nonroad......................................................... 16.49 13.31 12.58 3.91 11.51 10.82 10.79 0.72
On-road......................................................... 29.15 10.17 4.94 24.21 16.42 8.68 6.20 10.22
-------------------------------------------------------------------------------------------------------------------------------
Total....................................................... 80.69 58.49 52.19 28.50 88.15 80.68 78.42 9.73
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Chicago Area
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Point........................................................... 117.05 101.84 102.13 14.92 47.73 46.45 46.23 1.50
Area............................................................ 95.23 89.52 86.83 8.40 242.83 249.38 252.30 -9.47
Nonroad......................................................... 131.72 113.96 110.87 20.85 68.78 66.68 67.68 1.10
On-road......................................................... 171.02 69.03 40.91 130.11 99.75 49.96 33.82 65.93
-------------------------------------------------------------------------------------------------------------------------------
Total....................................................... 515.02 374.35 340.74 174.28 459.09 412.47 400.03 59.06
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
In summary, Wisconsin's maintenance demonstration for the area
shows maintenance of the 2015 ozone NAAQS by providing emissions
information to support the demonstration that future emissions of
NOX and VOC will remain at or below 2019 emission levels
when taking into account both future source growth and implementation
of future controls. Table 11 shows NOX and VOC emissions are
projected to decrease between 2019 and 2035.
In addition, EPA has recently conducted updated air quality
modeling of the contiguous United States, projecting ozone
concentrations at all air quality monitors in 2023, 2026, and
[[Page 12030]]
2032.\16\ That modeling incorporates the most recent updates to
emissions inventories, including on-the-books emissions reductions, and
meteorology. This modeling indicates that EPA does not project Door
County to be in nonattainment of the 2015 ozone NAAQS, nor does the
Agency expect the area to struggle with maintenance, in those modeled
future years. We propose to find that EPA's ozone transport air quality
modeling further supports Wisconsin's demonstration that the Door
County area will continue to maintain the 2015 ozone NAAQS.
---------------------------------------------------------------------------
\16\ Available at https://www.epa.gov/air-emissions-modeling/2016v2-platform.
---------------------------------------------------------------------------
3. Continued Air Quality Monitoring
Wisconsin has committed to continue to operate the ozone monitor
listed in Table 1 above. Wisconsin has committed to consult with EPA
prior to making changes to the existing monitoring network should
changes become necessary in the future. Wisconsin remains obligated to
meet monitoring requirements and to continue to quality assure
monitoring data in accordance with 40 CFR part 58, and to enter all
data into the AQS in accordance with Federal guidelines.
4. Verification of Continued Attainment
Wisconsin has confirmed that it has the legal authority to enforce
and implement the requirements of the maintenance plan for the area.
This includes the authority to adopt, implement, and enforce any
subsequent statewide and/or area-specific emission control measures
determined to be necessary to correct future ozone attainment problems.
Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
update of relevant emissions inventories. Wisconsin will continue to
operate the current ozone monitor in Door County. There are no plans to
discontinue operation, relocate, or otherwise change the existing ozone
monitoring network other than through revisions in the network approved
by the EPA.
To track future levels of emissions, Wisconsin will continue to
develop and submit to EPA updated emission inventories for the area and
upwind areas in Wisconsin at least once every three years, consistent
with the requirements of 40 CFR part 51, subpart A, and in 40 CFR
51.122. The Consolidated Emissions Reporting Rule (CERR) was
promulgated by EPA on June 10, 2002 (67 FR 39602). The CERR was
replaced by the Annual Emissions Reporting Requirements (AERR) on
December 17, 2008 (73 FR 76539). The most recent triennial inventory
for Wisconsin was compiled for 2017, and 2020 is in progress. Point
source facilities covered by Wisconsin's emission statement rule,
Chapter NR 438 of the Wisconsin Administrative Code, will continue to
submit VOC and NOX emissions on an annual basis.
5. What is the contingency plan for the area?
Section 175A of the CAA requires the state to adopt a maintenance
plan, as a SIP revision, that includes such contingency measures as EPA
deems necessary to assure that the state will promptly correct a
violation of the NAAQS that occurs after redesignation of the area to
attainment of the NAAQS. The maintenance plan must identify: The
contingency measures to be considered and, if needed for maintenance,
adopted and implemented; a schedule and procedure for adoption and
implementation; and a time limit for action by the state. The state
should also identify specific indicators to be used to determine when
the contingency measures need to be considered, adopted, and
implemented. The maintenance plan must include a commitment that the
state will implement all measures with respect to the control of the
pollutant that were contained in the SIP before redesignation of the
area to attainment in accordance with section 175A(d) of the CAA.
As required by section 175A of the CAA, Wisconsin has adopted a
maintenance plan for the area to address possible future ozone air
quality problems. The maintenance plan adopted by Wisconsin has two
levels of response, a warning level response and an action level
response.
In Wisconsin's plan, a warning level response will be triggered
when an annual fourth high monitored value of 0.070 ppm or higher is
monitored within the maintenance area. A warning level response will
consist of Wisconsin conducting a study to determine whether the ozone
value indicates a trend toward higher ozone values and whether
emissions appear to be increasing. The study will evaluate whether the
trend, if any, is likely to continue and, if so, the control measures
necessary to reverse the trend. The study will be completed no later
than May 1st of the year after the ozone season in which the exceedance
is detected.
In Wisconsin's plan, a violation of the 2015 ozone NAAQS within the
maintenance area triggers an action level response. When an action
level response is triggered, Wisconsin will determine what additional
control measures are needed to ensure future attainment of the 2015
ozone NAAQS. Control measures selected will be adopted and implemented
within 18 months from the close of the ozone season that prompted the
action level. Wisconsin may also consider if significant new
regulations not currently included as part of the maintenance
provisions will be implemented in a timely manner and would thus
constitute an adequate contingency measure response.
Wisconsin included the following list of potential contingency
measures in its maintenance plan:
1. Anti-idling control program for mobile sources, targeting
diesel vehicles;
2. Diesel exhaust retrofits;
3. Traffic flow improvements;
4. Park and ride facilities;
5. Rideshare/carpool program; and
6. Expansion of the vehicle emissions testing program.
To qualify as a contingency measure, emissions reductions from that
measure must not be factored into the emissions projections used in the
maintenance plan.
EPA has concluded that Wisconsin's maintenance plan adequately
addresses the five basic components of a maintenance plan: Attainment
inventory, maintenance demonstration, monitoring network, verification
of continued attainment, and a contingency plan. In addition, as
required by section 175A(b) of the CAA, Wisconsin has committed to
submit to EPA an updated ozone maintenance plan eight years after
redesignation of the area to cover an additional ten years beyond the
initial 10-year maintenance period. Thus, EPA finds that the
maintenance plan SIP revision submitted by Wisconsin for the 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 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 or contribute to new air
quality violations, worsen existing air quality problems, or delay
timely attainment of the NAAQS or any
[[Page 12031]]
required interim emission reductions or other milestones. Regulations
at 40 CFR part 93 set forth EPA policy, criteria, and procedures for
demonstrating and assuring conformity of transportation activities to a
SIP. Transportation conformity is a requirement for nonattainment and
maintenance areas. (See 40 CFR 93.102(b).) Maintenance areas are areas
that were previously nonattainment for a particular NAAQS, but that
have been redesignated to attainment and are required to develop a CAA
section 175A maintenance plan for the NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs for nonattainment areas and maintenance plans for
areas seeking redesignations to attainment of the ozone standard and
maintenance areas. See the SIP requirements for the 2015 ozone NAAQS in
EPA's December 6, 2018 implementation rule (83 FR 62998). These control
strategy SIPs (including reasonable further progress plans and
attainment plans) and maintenance plans must include budgets for
criteria pollutants, including ozone, and their precursor pollutants
(VOC and NOX for ozone) to address pollution from on-road
transportation sources. The budgets 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 budget 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 budgets for other years as well.
The budgets serve as a ceiling on emissions from an area's planned
transportation system. The budgets 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 budgets in
the SIP and how to revise the budgets, if needed, subsequent to
initially establishing budgets in the SIP.
B. What is the status of EPA's adequacy determination for the proposed
VOC and NOX budgets for the area?
When reviewing submitted control strategy SIPs or maintenance plans
containing budgets, EPA must affirmatively find that the budgets
contained therein are adequate for use in determining transportation
conformity. Once EPA affirmatively finds that the submitted budgets are
adequate for transportation purposes, the budgets must be used by state
and Federal agencies in determining whether transportation plans,
transportation improvement programs and, in the case of isolated rural
areas, proposed transportation projects conform to the SIP as required
by section 176(c) of the CAA.\17\
---------------------------------------------------------------------------
\17\ The transportation conformity rule defines isolated rural
nonattainment and maintenance areas as areas that do not contain or
are not part of any metropolitan planning area as designated under
the transportation planning regulations. Isolated rural areas do not
have Federally required metropolitan transportation plans or TIPs
and do not have projects that are part of the emissions analysis of
any MPO's metropolitan transportation plan or TIP. Projects in such
areas are instead included in statewide transportation improvement
programs. These areas are not donut areas. (See 40 CFR 93.101.) Door
County is an isolated rural area for transportation conformity
purposes.
---------------------------------------------------------------------------
EPA's substantive criteria for determining adequacy of a budgets
are set out in 40 CFR 93.118(e)(4). The process for determining
adequacy consists of three basic steps: Public notification of a SIP
submission; provision for a public comment period; and EPA's adequacy
determination. EPA adopted regulations to codify the adequacy process
in the Transportation Conformity Rule Amendments for the ``New 8-Hour
Ozone and PM2.5 National Ambient Air Quality Standards and
Miscellaneous Revisions for Existing Areas; Transportation Conformity
Rule Amendments--Response to Court Decision and Additional Rule
Change,'' on July 1, 2004 (69 FR 40004).
As discussed earlier, Wisconsin's maintenance plan includes
NOX and VOC budgets for the area for 2035 and 2030, the last
year of the maintenance period and an interim year, respectively. EPA
has reviewed Wisconsin's VOC and NOX budgets for the area
and, in this action, is proposing to approve them. We are also starting
the adequacy review process for these budgets. Wisconsin's January 5,
2022 maintenance plan SIP submission, including the VOC and
NOX budgets for the area, is available for public comment
via this proposed rulemaking. The submitted maintenance plan, which
includes the budgets, was endorsed by the Governor's designee and was
subject to a state public hearing. The budgets were developed as part
of an interagency consultation process which includes Federal, state,
and local agencies. The budgets were clearly identified and precisely
quantified using the following methodology. To accurately identify
future on-road emissions, WDNR grew VMT from 2019 using growth rates
provided by the Wisconsin Department of Transportation for two general
classes of vehicles (automobiles and trucks). After growing the VMT for
these two general classes, WDNR allocated the VMT to vehicle sub-
classes based on the MOVES3 default VMT splits by vehicle class for
Door County for 2030 and 2035. To account for additional driving during
the summer, WDNR developed adjustment factors using data averaged over
a 10-year period to convert the annual VMT (divided by 365) to ozone
season weekday VMT. These budgets, when considered together with all
other emissions sources, are consistent with maintenance of the 2015
ozone NAAQS.
Table 12--Budgets for the Area (tpsd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Attainment
year 2019 on- 2030 estimated 2030 mobile 2035 estimated 2035 mobile
road on-road safety margin 2030 budgets on-road safety margin 2035 budgets
emissions emissions allocation (%) emissions allocation (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC..................................... 0.2235 0.1173 15 0.1349 0.1003 15 0.1153
NOX..................................... 0.6141 0.2604 15 0.2995 0.2248 15 0.2586
--------------------------------------------------------------------------------------------------------------------------------------------------------
As shown in Table 12, the 2030 and 2035 budgets exceed the
estimated 2030 and 2035 on-road sector emissions. To accommodate future
variations in VMT in the area, Wisconsin allocated a portion of the
safety margin (described further below) to the mobile sector.\18\
Wisconsin has demonstrated that with mobile source emissions at or
below 0.1349 TPSD and 0.1153 TPSD of VOC and 0.2995 TPSD and 0.2586
TPSD of NOX in 2030 and 2035, respectively,
[[Page 12032]]
including partial allocation of the safety margin, emissions are
projected to remain under attainment year emission levels. EPA is
proposing to approve the budgets for use to determine transportation
conformity in the area, because EPA has determined that the area can
maintain attainment of the 2015 ozone NAAQS for the relevant
maintenance period with mobile source emissions at the levels of the
budgets in conjunction with the levels of the projected emissions
inventories for the upwind areas discussed above.
---------------------------------------------------------------------------
\18\ Allocation of a safety margin to an area's motor vehicle
emissions budgets is provided for by the transportation conformity
rule. (See 40 CFR 93.124(a).)
---------------------------------------------------------------------------
C. What is a safety margin?
A ``safety margin'' is the amount by which the total projected
emissions from all sources of a given pollutant are less than the total
emissions that would satisfy the applicable requirement for
maintenance. 40 CFR 93.101. As noted in Table 11, the emissions in the
area are projected to have safety margins of 0.35 TPSD for
NOX and 0.10 TPSD for VOC in 2035 (the difference between
the attainment year, 2019, emissions and the projected 2035 emissions
for all sources in the area). Similarly, there is a safety margin of
0.31 TPSD for NOX and 0.09 TPSD for VOC in 2030. Even if
emissions exceeded projected levels by the full amount of the safety
margin, the area would still demonstrate maintenance since emission
levels would equal those in the attainment year.
As shown in Table 12 above, Wisconsin is allocating a portion of
that safety margin to the on-road mobile source sector. Specifically,
in 2030, Wisconsin is allocating 15% or 0.0176 TPSD and 0.0391 TPSD of
the VOC and NOX safety margins, respectively. In 2035,
Wisconsin is allocating 15% or 0.0150 TPSD and 0.0338 TPSD of the VOC
and NOX safety margins, respectively. Wisconsin is not
requesting allocation to the budgets of the entire available safety
margins reflected in the demonstration of maintenance. In fact, the
amount allocated to the budgets represents only a small portion of the
2030 and 2035 safety margins. Therefore, even though the state is
requesting budgets that exceed the projected on-road mobile source
emissions for 2030 and 2035 contained in the demonstration of
maintenance, the permissible level of on-road mobile source emissions
that can be considered for transportation conformity purposes is well
within the safety margins of the ozone maintenance demonstration. Once
allocated to on-road mobile sources, these safety margins will not be
available for use by other sources. Further, the area is an RTA.
Therefore, in addition to the budgets, the estimated upwind emissions
reductions throughout the maintenance period, which are described
above, are also important for maintaining the 2015 ozone NAAQS in the
area throughout the 10-year maintenance period.
VI. Proposed Actions
EPA is proposing to change the legal designation of the revised
Door County (partial) area from nonattainment to attainment for the
2015 ozone NAAQS. Additionally, EPA is proposing approval of the
emissions inventory for this area, which is a prerequisite to
finalizing the redesignation. 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 area in attainment
of the 2015 ozone NAAQS through 2035. Finally, EPA is proposing to
approve the newly established 2030 and 2035 budgets for the area and
initiating the adequacy process for these budgets.
VII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, the proposed actions to approve Wisconsin's SIP
Submissions merely approve state law as meeting Federal requirements
and do not impose additional requirements beyond those imposed by state
law. For these reasons, 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);
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.
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.
[[Page 12033]]
Dated: February 24, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022-04319 Filed 3-2-22; 8:45 am]
BILLING CODE 6560-50-P