Rule2022-07538
Air Plan Approval; Wisconsin; Redesignation of the Wisconsin Portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin Area to Attainment of the 2008 Ozone Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 11, 2022
Effective
April 11, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) finds that the Chicago-Naperville, IL-IN-WI area (Chicago area) is attaining the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard) and, in response to a request from the Wisconsin Department of Natural Resources (Wisconsin or the State), is redesignating the Wisconsin portion of the area to attainment for the 2008 ozone NAAQS, because the State has met the statutory requirements for redesignation under the Clean Air Act (CAA). EPA is approving, as a revision to the Wisconsin State Implementation Plan (SIP), the State's plan for maintaining the 2008 ozone NAAQS through 2035 for the Wisconsin portion of the Chicago area. EPA finds adequate and is approving Wisconsin's 2030 and 2035 volatile organic compound (VOC) and oxides of nitrogen (NO<INF>X</INF>) Motor Vehicle Emission Budgets (Budgets) for the Wisconsin portion. Finally, pursuant to section 110 and part D of the CAA, EPA is approving the enhanced Inspection/Maintenance (I/M) program certification included in Wisconsin's December 3, 2021 submittal, because it satisfies the serious enhanced I/M requirements for the Wisconsin portion. EPA proposed to approve this action on February 7, 2022, and received no comments.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 69 (Monday, April 11, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Rules and Regulations]
[Pages 21027-21029]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07538]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2021-0885; FRL-9523-02-R5]
Air Plan Approval; Wisconsin; Redesignation of the Wisconsin
Portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin Area to
Attainment of the 2008 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) finds that the
Chicago-Naperville, IL-IN-WI area (Chicago area) is attaining the 2008
ozone National Ambient Air Quality Standard (NAAQS or standard) and, in
response to a request from the Wisconsin Department of Natural
Resources (Wisconsin or the State), is redesignating the Wisconsin
portion of the area to attainment for the 2008 ozone NAAQS, because the
State has met the statutory requirements for redesignation under the
Clean Air Act (CAA). EPA is approving, as a revision to the Wisconsin
State Implementation Plan (SIP), the State's plan for maintaining the
2008 ozone NAAQS through 2035 for the Wisconsin portion of the Chicago
area. EPA finds adequate and is approving Wisconsin's 2030 and 2035
volatile organic compound (VOC) and oxides of nitrogen (NO<INF>X</INF>)
Motor Vehicle Emission Budgets (Budgets) for the Wisconsin portion.
Finally, pursuant to section 110 and part D of the CAA, EPA is
approving the enhanced Inspection/Maintenance (I/M) program
certification included in Wisconsin's December 3, 2021 submittal,
because it satisfies the serious enhanced I/M requirements for the
Wisconsin portion. EPA proposed to approve this action on February 7,
2022, and received no comments.
DATES: This final rule is effective on April 11, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2021-0885. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through <a href="http://www.regulations.gov">www.regulations.gov</a> or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Michael
Leslie, Environmental Engineer at (312) 353-6680 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, <a href="/cdn-cgi/l/email-protection#89e5ecfae5e0eca7e4e0eae1e8ece5c9ecf9e8a7eee6ff"><span class="__cf_email__" data-cfemail="93fff6e0fffaf6bdfefaf0fbf2f6ffd3f6e3f2bdf4fce5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On February 7, 2022 (87 FR 6006), EPA proposed to find that the
Chicago area is attaining the 2008 ozone NAAQS, in response to a
request from the Wisconsin, and is redesignating the Wisconsin portion
of the area to attainment for the 2008 ozone NAAQS, because the State
has met the statutory requirements for redesignation under the CAA. The
Wisconsin portion of the Chicago 2008 ozone area consists of the
portion of Kenosha County bounded by the I-94 corridor and the area
east to Lake Michigan (Wisconsin portion). Wisconsin submitted this
request on December 3, 2021. EPA proposed to approve, as a revision to
the Wisconsin SIP, the State's plan for maintaining the 2008 ozone
NAAQS through 2035 for the Wisconsin portion. EPA also proposed to
approve and find adequate Wisconsin's 2030 and 2035 VOC and
NO<INF>X</INF> Budgets for the Wisconsin portion. Finally, pursuant to
section 110 and part D of the CAA, EPA proposed to approve the enhanced
I/M certification, because it satisfies the serious enhanced I/M
requirements for the Wisconsin portion. The public comment period for
this proposed rule ended on March 9, 2022. EPA received no comments on
the proposal.
[[Page 21028]]
II. Final Action
EPA is determining that the Chicago area is attaining the 2008
ozone NAAQS, based on quality-assured and certified monitoring data for
the 2019-2021 period. EPA is approving enhanced I/M revision included
in Wisconsin's December 3, 2021 submittal because Wisconsin
demonstrated that its current I/M program meets the applicable enhanced
I/M performance standard requirements in 40 CFR part 51, subpart S, for
the 2008 ozone NAAQS. EPA has determined that the Wisconsin portion of
the Chicago area has met the requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA is thus changing the legal
designation for the Wisconsin portion of the Chicago-Naperville, IL-IN-
WI area from nonattainment to attainment for the 2008 ozone NAAQS. EPA
is also approving, as a revision to the Wisconsin SIP, the State's
maintenance plan for the area. The maintenance plan is designed to keep
the Wisconsin portion of the Chicago area in attainment of the 2008
ozone NAAQS through 2035. Finally, EPA is finding adequate and
approving the newly established 2030 and 2035 Budgets for the Wisconsin
portion of the Chicago area.
In accordance with 5 U.S.C. 553(d) of the Administrative Procedure
Act (APA), EPA finds there is good cause for this action to become
effective immediately upon publication. The immediate effective date
for this action is authorized under 5 U.S.C. 553(d)(1).
Section 553(d)(1) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . a substantive rule which grants or recognizes
an exemption or relieves a restriction.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). However, when the agency grants or recognizes an
exemption or relieves a restriction, affected parties do not need a
reasonable time to adjust because the effect is not adverse. EPA has
determined that this rule relieves a restriction because this rule
relieves sources in the area of Nonattainment New Source Review (NNSR)
permitting requirements; instead, upon the effective date of this
action, sources will be subject to less restrictive Prevention of
Significant Deterioration (PSD) permitting requirements. For this
reason, EPA finds good cause under 5 U.S.C. 553(d)(1) for this action
to become effective on the date of publication of this action.
III. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 10, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 29, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, 40 CFR parts 52 and 81 are
amended as follows:
[[Page 21029]]
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.2585 is amended by adding paragraph (ss) to read as
follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(ss) Redesignation. Approval--On December 3, 2021, Wisconsin
submitted a request to redesignate the Wisconsin portion of the
Chicago-Naperville, IL-IN-WI area to attainment of the 2008 ozone
National Ambient Air Quality Standards (NAAQS). As part of the
redesignation request, the State submitted a maintenance plan as
required by section 175A of the Clean Air Act (CAA). Elements of the
section 175 maintenance plan include a contingency plan and an
obligation to submit a subsequent maintenance plan revision in eight
years as required by the CAA. The ozone maintenance plan also
establishes 2030 and 2035 Motor Vehicle Emission Budgets (Budgets) for
the area. The 2030 Budgets for the area are 0.54 tons/day for volatile
organic compounds (VOC) and 0.85 tons/day for oxides of nitrogen
(NO<INF>X</INF>). The 2035 Budgets for the area are 0.47 tons/day for
VOC and 0.75 tons/day for NO<INF>X</INF>. Wisconsin also submitted a
revision to its State Implementation Plan to satisfy the Enhanced
Inspection/Maintenance recertification for the 2008 ozone NAAQS
requirements of the CAA.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Section 81.350 is amended by revising the entry for ``Chicago-
Naperville, IL-IN-WI'' in the table entitled ``Wisconsin-2008 8-Hour
Ozone NAAQS [Primary and Secondary]'' to read as follows:
Sec. 81.350 Wisconsin.
* * * * *
Wisconsin--2008 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI: \2\. 4/11/2022 Attainment........... .............. Serious.
Kenosha County (part): The
portion of Kenosha County
bounded by the Lake Michigan
shoreline on the East, the
Kenosha County boundary on
the North, the Kenosha County
boundary on the South, and
the I-94 corridor (including
the entire corridor) on the
West.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
* * * * *
[FR Doc. 2022-07538 Filed 4-8-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 11, 2022.
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.