Proposed Rule2021-26468
Air Plan Approval; Wisconsin; Serious Plan Elements for the Wisconsin Portion of Chicago Nonattainment Area for the 2008 Ozone Standard
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Published
December 7, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Wisconsin State Implementation Plan (SIP) to meet the volatile organic compound (VOC) and nitrogen oxides (NO<INF>X</INF>) reasonably available control technology (RACT), clean- fuel vehicle programs (CFVP), and the enhanced monitoring of ozone and ozone precursors (EMP) requirements of the Clean Air Act (CAA) in the Wisconsin portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin nonattainment area (Chicago area) for the 2008 ozone National Ambient Air Quality Standards (NAAQS or standards). EPA is proposing to approve this SIP revision pursuant to section 110 and part D of the requirements of the CAA and EPA's regulations, because it satisfies the above requirements for an area which is classified as serious nonattainment for the 2008 ozone NAAQS. Other serious elements will be addressed in a separate action.
Full Text
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<title>Federal Register, Volume 86 Issue 232 (Tuesday, December 7, 2021)</title>
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[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Proposed Rules]
[Pages 69207-69210]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26468]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0698; FRL-9215-01-R5]
Air Plan Approval; Wisconsin; Serious Plan Elements for the
Wisconsin Portion of Chicago Nonattainment Area for the 2008 Ozone
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Wisconsin State Implementation Plan (SIP) to
meet the volatile organic compound (VOC) and nitrogen oxides
(NO<INF>X</INF>) reasonably available control technology (RACT), clean-
fuel vehicle programs (CFVP), and the enhanced monitoring of ozone and
ozone precursors (EMP) requirements of the Clean Air Act (CAA) in the
Wisconsin portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin
nonattainment area (Chicago area) for the 2008 ozone National Ambient
Air Quality Standards (NAAQS or standards). EPA is proposing to approve
this SIP revision pursuant to section 110 and part D of the
requirements of the CAA and EPA's regulations, because it satisfies the
above requirements for an area which is classified as serious
nonattainment for the 2008 ozone NAAQS. Other serious elements will be
addressed in a separate action.
DATES: Comments must be received on or before January 6, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0698 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#40222c212b2c25396e30212d252c21002530216e272f36"><span class="__cf_email__" data-cfemail="aeccc2cfc5c2cbd780decfc3cbc2cfeecbdecf80c9c1d8">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, <a href="/cdn-cgi/l/email-protection#472b22342b2e22692a2e242f26222b0722372669202831"><span class="__cf_email__" data-cfemail="95f9f0e6f9fcf0bbf8fcf6fdf4f0f9d5f0e5f4bbf2fae3">[email protected]</span></a>. The
EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and facility closures due to COVID-
19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
A. Background on the 2008 Ozone Standard
On March 27, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm) (73 FR 16436). Promulgation of a revised
NAAQS triggers a requirement for EPA to designate areas of the country
as nonattainment, attainment, or unclassifiable for the standard. For
the ozone NAAQS, this also involves classifying any nonattainment areas
at the time of designation. Ozone nonattainment areas are classified
based on the severity of their ozone levels (as determined based on the
area's ``design value,'' which represents air quality in the area for
the most recent 3 years). The classifications for ozone nonattainment
areas are marginal, moderate, serious, severe, and extreme.
Areas that EPA designates nonattainment for the ozone NAAQS are
subject to certain requirements, including the general nonattainment
area planning requirements of CAA section 172 and the ozone-specific
nonattainment planning requirements of CAA section 182. Ozone
nonattainment areas in the lower classification levels have fewer and/
or less stringent mandatory air quality planning and control
requirements than those in higher classifications. For marginal areas,
CAA section 182(a) details that a state is required to submit a
baseline emissions inventory, adopt provisions into the SIP requiring
emissions statements from stationary sources in the area, and implement
a nonattainment new source review (NSR) program for the relevant ozone
NAAQS. For moderate areas, the SIP requirements are found in CAA
section 182(b), a state needs to comply with the marginal area
requirements, plus additional moderate area requirements, including the
requirement to submit a modeled demonstration that the area will attain
the NAAQS as expeditiously as practicable but no later than 6 years
after designation, the requirement to submit an Reasonable Further
Progress (RFP) plan, the requirement to adopt and implement certain
emissions controls, such as RACT and Inspection and Maintenance (I/M),
and the requirement for greater emissions offsets for new or modified
major stationary sources under the state's nonattainment NSR program.
For serious nonattainment areas, the SIP requirements are found in CAA
section
[[Page 69208]]
182(c) and include: an attainment demonstration, RACT for VOC and
NO<INF>X</INF>, Reasonably Available Control Measures, RFP reductions
in VOC and/or NO<INF>X</INF> emissions in the area, contingency
measures to be implemented in the event of failure to attain the
standard, enhanced I/M program, an EMP, a CFVP, a transportation
control demonstration, and changes to permitting programs for serious
areas.
B. Background on the Chicago 2008 Ozone Nonattainment Area
On June 11, 2012 (77 FR 34221), EPA designated the Chicago area as
a marginal nonattainment area for the 2008 ozone NAAQS. The Chicago
area includes Cook, DuPage, Kane, Lake, McHenry, and Will Counties and
part of Grundy and Kendall Counties in Illinois; Lake and Porter
Counties in Indiana; and the eastern portion of Kenosha County in
Wisconsin. On May 4, 2016 (81 FR 26697), pursuant to section 181(b)(2)
of the CAA, EPA determined that the Chicago area failed to attain the
2008 ozone NAAQS by the July 20, 2015 marginal area attainment deadline
and thus reclassified the area from marginal to moderate nonattainment.
On August 23, 2019, EPA again reclassified the Chicago nonattainment
area from moderate to serious nonattainment status, effective September
23, 2019 (84 FR 44238). This reclassification was based on 2015-2017
monitoring data.
II. EPA's Evaluation of Wisconsin's SIP Submission
Wisconsin submitted a SIP revision on December 1, 2020, to address
the serious nonattainment area requirements for the Wisconsin portion
of the Chicago area for the 2008 ozone NAAQS. The submission contained
several nonattainment plan elements, including a VOC and NO<INF>X</INF>
RACT plan, the CFVP, and the EMP. The submission also included an
attainment demonstration, RFP, RFP contingency measures, enhanced I/M,
transportation conformity motor vehicle emissions budgets, and a
transportation control demonstration which will be addressed in a
separate action(s).
A. VOC RACT in the Wisconsin Portion of the Chicago Area for the 2008
Ozone NAAQS
Sections 172(c)(1) and 182(b)(2) of the CAA require states to
implement RACT in ozone nonattainment areas classified as moderate (and
higher). Specifically, these areas are required to implement RACT for
all major VOC emissions sources and for all sources covered by a
Control Techniques Guideline (CTG). The major source threshold for
serious nonattainment ozone areas is a potential to emit (PTE) 50 tons
per year (TPY). A CTG is a document issued by EPA which establishes a
``presumptive norm'' for RACT for a specific VOC source category.
States must submit rules, or negative declarations when no such sources
exist for CTG source categories.
EPA's SIP Requirements Rule for the 2008 ozone NAAQS indicates that
states may meet RACT through the establishment of new or more stringent
requirements that meet RACT control levels, through a certification
that previously adopted RACT controls in their SIPs approved by EPA for
a prior ozone NAAQS also represent adequate RACT control levels for
attainment of the 2008 ozone NAAQS, or with a combination of these two
approaches. In addition, a state may submit a negative declaration in
instances where there are no CTG sources.
Wisconsin previously addressed RACT requirements in the Kenosha
portion of the nonattainment area when it developed attainment plans
for the 1979 and 1997 ozone standards. Wisconsin has previously adopted
RACT rules for VOC emission sources in the nonattainment areas under
Wisconsin Administrative Code NR 420. Wisconsin has evaluated the
previously adopted regulations and determined that these rules still
satisfy RACT for its current submittal. Wisconsin's December 1, 2020
submittal describes the VOC RACT program for the Wisconsin portion of
the Chicago area for the 2008 ozone NAAQS. Wisconsin has implemented a
VOC RACT program for the Wisconsin portion 2008 ozone nonattainment
area through: (1) Implementation of CTG-recommended control measures
through state administrative rules and an administrative order, (2)
Negative declarations certifying that no sources exist in the
nonattainment area that are subject to the CTGs whose control measures
have not been codified in state administrative rules or enforced
through an administrative order, and (3) A negative declaration
certifying that no non-CTG major source of VOCs exists in the
nonattainment area.
The submittal provided a list of the CTGs for which RACT
requirements have been codified in the Wisconsin Administrative Code.
Wisconsin has not adopted VOC RACT regulations for four CTGs:
Shipbuilding and ship repair, aerospace manufacturing, fiberglass boat
manufacturing, and the oil and natural gas industry. In addition, while
Wisconsin has adopted rules to cover industrial adhesive use, metal and
plastic parts coatings, and automobile and light-duty truck
manufacturing, the Wisconsin Administrative Code does not reflect the
most recently published CTGs for these categories. Wisconsin performed
an applicability analysis for these categories in the Wisconsin portion
of the Chicago area. Wisconsin's analysis determined that there are no
facilities for these CTGs in the Kenosha nonattainment area:
Shipbuilding and ship repair, aerospace manufacturing, fiberglass boat
manufacturing, oil and natural gas industry, miscellaneous industrial
adhesives, and automobile and light-duty truck assembly coatings.
Wisconsin provided negative declarations for these CTG categories.
For the remaining CTG category, miscellaneous metal and plastic
parts coatings, Wisconsin's analysis identified three facilities in the
Kenosha County 2008 ozone nonattainment area. For two of the
facilities, KKSP Precision Machining LLC (Facility Identification
230198760) and IEA, Inc. (Facility Identification 230167520), Wisconsin
determined that the emissions were well below the CTG applicability
threshold of 15 lb VOC per day, or equivalently, 3 TPY. The State found
the remaining facility, Insinkerator (Facility Identification
230167630), to have CTG-applicable emissions of 3.1 TPY in 2017, which
is above the CTG threshold. Insinkerator entered into an Administrative
Order (AM-20-01) with Wisconsin that established permanent and
enforceable emission limits, among other requirements, on this
facility, which are consistent with the control requirements and limits
set forth in the 2008 Miscellaneous Metal and Plastic Parts Coatings
CTG. AM-20-01 was submitted to EPA for incorporation into the SIP on
February 12, 2020. EPA approved these components of the VOC RACT
program as satisfying moderate area VOC RACT requirements on September
16, 2020 (85 FR 57729).
Wisconsin certified that the Wisconsin portion of the Chicago
area's VOC RACT program also satisfies serious area VOC RACT
requirements. The approved non-CTG major source negative declaration
certifies that there are no sources within the Wisconsin portion of the
Chicago area for the 2008 ozone NAAQS that produce non-CTG VOC
emissions with a PTE of greater than 50 TPY, the serious nonattainment
area major source threshold. Wisconsin has verified with recent
emissions data that there continues to be no source within the
Wisconsin portion of the Chicago area that meets the non-CTG major
source threshold or the applicability criteria for CTGs not
[[Page 69209]]
incorporated into the State's administrative code.
Therefore, EPA is proposing to find that Wisconsin submittal has
met VOC RACT requirements for its portion of the Chicago area for the
serious 2008 ozone NAAQS.
B. NOX RACT in the Wisconsin Portion of the Chicago Area for the 2008
Ozone NAAQS
Section 182(f) of the CAA requires RACT level controls for major
stationary sources of NO<INF>X</INF> located in moderate ozone (and
higher) nonattainment areas. EPA approved Wisconsin's NO<INF>X</INF>
RACT program into the SIP on October 19, 2010 (44 FR 53762), for
purposes of the 1997 ozone NAAQS. Wisconsin's NO<INF>X</INF> RACT
requirements are codified at NR 428.20 to 428.26 of the Wisconsin
Administrative Code and were established to fulfill the moderate
nonattainment requirements for the 1997 ozone NAAQS and to apply to the
facilities with a PTE of NO<INF>X</INF> greater than 100 TPY.
Wisconsin's RACT rules are applicable to major stationary sources of
NO<INF>X</INF> located in Wisconsin's moderate ozone nonattainment
areas, including Kenosha County. With the reclassification from
moderate to serious nonattainment for the 2008 ozone NAAQS, the major
source threshold has decreased from 100 TPY to 50 TPY. Currently there
are no facilities located in the Wisconsin portion of the Chicago area
2008 ozone nonattainment area with PTE of NO<INF>X</INF> exceeding 50
TPY. Therefore, no additional facility in this area has become subject
to NO<INF>X</INF> RACT due to the reclassification of the area from
moderate to serious nonattainment.
The 2008 ozone implementation rule provides that states can show
that existing NO<INF>X</INF> RACT programs fulfill requirements for the
2008 ozone NAAQS. In 2017, the Wisconsin Department of Natural
Resources (WDNR) submitted the analysis of the current NO<INF>X</INF>
RACT program to demonstrate compliance with the implementation rule for
the 2008 ozone NAAQS. The analysis showed that there is no incremental
difference in control technologies between the existing NO<INF>X</INF>
RACT program and the updated assessment for the facilities operating in
2008. On February 13, 2019, EPA approved WDNR's NO<INF>X</INF> RACT
program for compliance with the 2008 ozone NAAQS for moderate
nonattainment areas (84 FR 3701). Since the assessment was required for
conditions in 2008 and is not dependent on the nonattainment
classification level, an updated NO<INF>X</INF> RACT control technology
assessment is not required for this SIP revision. Thus, based on
equivalency in major source applicability and RACT control technology,
the WDNR concludes that Wisconsin's current NO<INF>X</INF> RACT program
under state statute NR 428.20 to 428.26 fulfills RACT requirements for
serious nonattainment for the 2008 ozone NAAQS. Therefore, EPA is
proposing to find that Wisconsin has met the NO<INF>X</INF> RACT for
its portion of the Chicago area for the 2008 ozone NAAQS.
C. Clean Fuels Vehicles Program (CFVP)
CAA section 182(c)(4) requires states with ozone nonattainment
areas classified as serious or higher to submit a SIP revision
describing implementation of a CFVP, as described in CAA title II part
C (40 CFR 88). EPA approved Wisconsin's CFVP on March 11, 1996 (61 FR
9641). EPA issued a memorandum on July 21, 2005, that found that then-
current emission standards for vehicles (regulated under 40 CFR 86)
were as or more stringent than the emission standards specified in 40
CFR 88 for the CFVP. Additionally, EPA issued a memorandum on April 17,
2006, noting that after the CFVP requirement became law, EPA
promulgated new vehicle emission standards (e.g., Tier 2 Rule and
heavy-duty engine standards) that are generally more stringent, or
equivalent to, the CFV emission standards for light-duty vehicles,
light-duty trucks, and heavy-duty vehicles and engines. The memorandum
also stated that ``[t]o meet the requirements of the Clean Fuel Fleet
Program fleet managers can be assured that vehicles and engines
certified to current Part 86 emission standards, which EPA has
determined to be as or more stringent than corresponding CFV emission
standards per the attached EPA Dear Manufacturer Letter meet the CFV
emission standards and the CFFP requirements as defined in CFR part
88.'' We expected emission benefits of Tier 2 and heavy-duty engine
standards over LEV standards. For example, Tier 2 NO<INF>X</INF>
standards have a benefit over LEV ranging from 0.09 grams/mile to 0.99
grams/mile on a per vehicle basis. With regard to the heavy-duty engine
standards, there is a benefit of 1.4 grams/brake-horsepower per hour
for the combination of non-methane hydrocarbons and NO<INF>X</INF> on a
per vehicle basis. Further reductions from these same vehicles will be
achieved by EPA's newly promulgated Tier 3 emission standards.
Since vehicle emission standards have only become more stringent
since the memo was issued in 2005, the CAA section 182(c)(4) CFVP
requirement remains satisfied without the need for further action by
the State.
D. Enhanced Monitoring Plan (EMP)
Section 182(c)(1) of the CAA requires states with nonattainment
areas classified serious or higher to adopt and implement a program to
improve air monitoring for ambient concentrations of ozone,
NO<INF>X</INF> and VOC. EPA initiated the Photochemical Assessment
Monitoring Stations (PAMS) program in February 1993. The PAMS program
required the establishment of an enhanced monitoring network in all
ozone nonattainment areas classified as serious, severe, or extreme. On
March 18, 1994 (59 FR 6021), EPA approved Wisconsin's SIP revision
establishing an enhanced monitoring program.
Since that time, EPA concluded that requiring enhanced monitoring
for ozone nonattainment areas classified as moderate or above is
appropriate for the purposes of monitoring ambient air quality and
better understanding ozone pollution. In EPA's revision to the ozone
standard on October 1, 2015, EPA relied on the authority provided in
sections 103(c), 110(a)(2)(B), 114(a) and 301(a)(1) of the CAA to
expand the PAMS applicability to areas other than those that are
serious or above ozone nonattainment and substantially to revise the
PAMS requirements in 40 CFR part 58 appendix D (80 FR 65292).
Specifically, this rule required states with moderate and above ozone
nonattainment areas to develop and implement an EMP. These plans should
detail enhanced ozone and ozone precursor monitoring activities to be
performed to better understand area-specific ozone issues.
To meet this requirement, Wisconsin submitted its updated EMP as
part of the 2018 Wisconsin Air Monitoring Network Plan, which EPA
approved via a letter dated September 1, 2017. Wisconsin has submitted
subsequent updates to its EMP with each year's network plan. Measures
included in Wisconsin's current EMP include: Monitoring of ozone and
ozone precursors beyond federal requirements, ozone event triggered VOC
samples for the PAMS suite of compounds, engaging and supporting
external partners collecting ozone-related data, and analyzing
monitoring data that had been previously collected. Wisconsin's EMP
specifically includes several enhanced monitoring efforts within the
Wisconsin portion of the Chicago area.
Wisconsin will continue to meet its CAA section 182(c)(1) EMP
requirements by including its EMP in Wisconsin's Air Monitoring Network
Plan, which is subject to EPA review
[[Page 69210]]
and approval on an annual basis. Therefore, EPA is proposing to find
that Wisconsin has met the EMP requirements for its portion of the
Chicago area for the 2008 ozone NAAQS.
III. What action is EPA proposing?
EPA is proposing to approve revisions to Wisconsin's SIP pursuant
to section 110 and part D of the CAA and EPA's regulations, because
Wisconsin's December 1, 2020 nonattainment plan satisfies the
requirements for the VOC and NO<INF>X</INF> RACT, the CFVP, and the
EMP, in the Wisconsin portion of the Chicago serious nonattainment area
for the 2008 ozone NAAQS.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: December 1, 2021.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2021-26468 Filed 12-6-21; 8:45 am]
BILLING CODE 6560-50-P
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