Proposed Rule2022-04319
Air Plan Approval; Wisconsin; Redesignation of the Revised Door County (Partial) Area to Attainment of the 2015 Ozone NAAQS
Primary source
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Published
March 3, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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 (NO<INF>X</INF>) Motor Vehicle Emission Budgets (budgets) for this area and initiating the adequacy review process for these budgets.
Full Text
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<title>Federal Register, Volume 87 Issue 42 (Thursday, March 3, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04319]
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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.
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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 (NO<INF>X</INF>)
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#afceddddce81dcceddcec7efcadfce81c8c0d9"><span class="__cf_email__" data-cfemail="96f7e4e4f7b8e5f7e4f7fed6f3e6f7b8f1f9e0">[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: 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,
<a href="/cdn-cgi/l/email-protection#0d41646167686a7f68632347686363646b687f4d687d6c236a627b"><span class="__cf_email__" data-cfemail="c28eabaea8a7a5b0a7acec88a7acacaba4a7b082a7b2a3eca5adb4">[email protected]</span></a>.
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.
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\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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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.
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\2\ EPA designated the area as a Rural Transport Area (RTA),
which means EPA determined that the NO<INF>X</INF> 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.
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III. What are the criteria for redesignation?
Section 107(d)(3)(E) of the CAA allows redesignation of an area to
attainment of the NAAQS provided that: (1) The Administrator (EPA)
determines that the area has attained the NAAQS; (2) the Administrator
has fully approved the applicable implementation plan for the area
under section 110(k) of the CAA; (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP, applicable Federal air pollutant control regulations, and other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area as meeting the
requirements of section 175A of the CAA; and (5) the state containing
the area has met all requirements applicable to the area for the
purposes of redesignation under section 110 and part D of the CAA.
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.
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\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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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
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Fourth high 2019-2021
County Monitor Year % Observed (ppm) average (ppm)
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Door............................ 55-029-0004 2019 97 0.066 0.070
2020 98 0.075
2021 99 0.070
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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).
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\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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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., NO<INF>X</INF> 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 NO<INF>X</INF> in the atmosphere in the presence of
sunlight (VOC and NO<INF>X</INF> are referred to as ozone precursors).
Therefore, an emission inventory for ozone focuses on the emissions of
VOC and NO<INF>X</INF>. 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. NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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.
---------------------------------------------------------------------------
[[Page 12025]]
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NO<INF>X</INF> 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 NO<INF>X</INF> budgets and annual sulfur dioxide
(SO<INF>2</INF>) budgets (70 FR 25152). CAIR addressed the good
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate
matter (PM<INF>2.5</INF>) NAAQS and was designed to mitigate the impact
of transported NO<INF>X</INF> emissions, a precursor of both ozone and
PM<INF>2.5</INF>, as well as transported SO<INF>2</INF> emissions,
another precursor of PM<INF>2.5</INF>. 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 NO<INF>X</INF> annual and ozone season programs
beginning in 2009 and the SO<INF>2</INF> 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 PM<INF>2.5</INF>
NAAQS, and the 2006 PM<INF>2.5</INF> NAAQS.\11\ Through Federal
Implementation Plans (FIPs), CSAPR required electric generating units
(EGUs) in eastern states, including Wisconsin, to meet annual and ozone
season NO<INF>X</INF> budgets and annual SO<INF>2</INF> 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 NO<INF>X</INF>
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 NO<INF>X</INF> 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 NO<INF>X</INF> emissions
from EGUs by 17,000 tons beginning in 2021, compared to emissions
without the rule. The reduction in NO<INF>X</INF> emissions from the
implementation of CAIR and then CSAPR occurred during the attainment
years, and additional emission reductions will occur throughout the
maintenance period.
---------------------------------------------------------------------------
\11\ In a December 27, 2011, rulemaking, EPA included Wisconsin
in the ozone season NO<INF>X</INF> program, addressing the 1997
ozone NAAQS (76 FR 80760).
---------------------------------------------------------------------------
b. Federal Emission Control Measures
Reductions in VOC and NO<INF>X</INF> 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 NO<INF>X</INF> and for
particulate matter (PM). The VOC and NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF>,
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
NO<INF>X</INF> and VOC emissions. EPA has estimated future year
emission reductions due to implementation of this rule. Nationally, EPA
estimated that 2015 NO<INF>X</INF> and VOC emissions would decrease by
1,260,000 tons and 54,000 tons, respectively. Nationally, EPA estimated
that by 2030 NO<INF>X</INF> 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 NO<INF>X</INF>
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 NO<INF>X</INF>
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 NO<INF>X</INF> 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 NO<INF>X</INF>
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.
---------------------------------------------------------------------------
\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 <a href="https://www.epa.gov/sites/default/files/2021-05/documents/wi_tsd_remand_final.pdf">https://www.epa.gov/sites/default/files/2021-05/documents/wi_tsd_remand_final.pdf</a>.
\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 NO<INF>X</INF> 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
NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF>.
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
NO<INF>X</INF> 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)
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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
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Total....................................................... 3.80 2.67 2.61 1.19 3.37 2.42 2.33 1.04
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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
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Total....................................................... 17.97 11.51 9.64 8.33 18.97 17.31 16.88 2.09
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Milwaukee Area
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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
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Total....................................................... 80.69 58.49 52.19 28.50 88.15 80.68 78.42 9.73
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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
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Total....................................................... 515.02 374.35 340.74 174.28 459.09 412.47 400.03 59.06
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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
NO<INF>X</INF> 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 NO<INF>X</INF> 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.
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\16\ Available at <a href="https://www.epa.gov/air-emissions-modeling/2016v2-platform">https://www.epa.gov/air-emissions-modeling/2016v2-platform</a>.
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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 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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\
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\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.
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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 PM<INF>2.5</INF> 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
NO<INF>X</INF> 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 NO<INF>X</INF> 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
NO<INF>X</INF> 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 NO<INF>X</INF> 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
NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> safety margins, respectively. In 2035,
Wisconsin is allocating 15% or 0.0150 TPSD and 0.0338 TPSD of the VOC
and NO<INF>X</INF> 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:
<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, 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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.