[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Proposed Rules]
[Pages 14608-14621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05007]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2020-0042; FRL-10006-41-Region 5]
Air Plan Approval; Wisconsin; Redesignation of the Newport State
Park Area in Door County to Attainment of the 2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to find
that the Newport State Park nonattainment area in Door County,
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 for 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
27, 2020. EPA is also proposing to approve, as a revision to the
Wisconsin State Implementation Plan (SIP), the state's plan for
maintaining the 2015 ozone NAAQS through 2030 in the Newport State Park
area. Finally, EPA finds adequate and is proposing to approve
Wisconsin's 2023 and 2030 volatile organic compound (VOC) and oxides of
nitrogen (NOX) Motor Vehicle Emission Budgets (MVEBs) for
this area.
DATES: Comments must be received on or before April 13, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0042 at http://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6832,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of Wisconsin's redesignation request?
A. Has the area attained the 2015 ozone NAAQS?
B. Has Wisconsin met all applicable requirements of section 110
and part D of the CAA for the area, and does Wisconsin have a fully
approved SIP for the area under section 110(k) of the CAA?
C. Are the air quality improvements in the area due to permanent
and enforceable emission reductions?
D. Does Wisconsin have a fully approvable ozone maintenance plan
for the Newport State Park area?
[[Page 14609]]
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 take several related actions. EPA is proposing
to determine that the Newport State Park nonattainment area in Door
County, Wisconsin is attaining the 2015 ozone NAAQS, based on quality-
assured and certified monitoring data for 2017-2019, 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 Newport State Park area from nonattainment to attainment for the
2015 ozone NAAQS. EPA is also proposing to approve, as a revision to
the Wisconsin SIP, the state's maintenance plan (such approval being
one of the CAA criteria for redesignation to attainment status) for the
area. The maintenance plan is designed to keep the area in attainment
of the 2015 ozone NAAQS through 2030. Finally, EPA is proposing to
approve the newly-established 2023 and 2030 MVEBs for the area.
II. What is the background for these actions?
Ground-level ozone is detrimental to human health. On October 1,
2015, EPA promulgated a revised health-based 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 recent three years of
quality assured ozone monitoring data. The Newport State Park area was
designated as a marginal nonattainment area and as a Rural Transport
Area (RTA) \1\ for the 2015 ozone NAAQS on June 4, 2018 (83 FR 25776)
(effective August 3, 2018).
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\1\ EPA designated the Newport State Park area as a Rural
Transport Area (RTA), which means EPA determined that the
NOX and VOC emissions from sources within the park do not
make a significant contribution to ozone concentrations in the park
itself or in other areas.
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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.
On April 16, 1992, EPA provided guidance on redesignations in the
General Preamble for the Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in the following documents:
1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, Director, Technical Support Division, June
18, 1990;
2. ``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the ``Calcagni Memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
6. ``Technical Support Documents (TSDs) for Redesignation of Ozone
and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G.T.
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
7. ``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;
8. ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
9. ``Part D New Source Review (Part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and
10. ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, May 10, 1995.
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 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
[[Page 14610]]
monitoring seasons,\2\ 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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\2\ The ozone season is defined by state in 40 CFR 58 appendix
D. The ozone season for Wisconsin is March-October 15. See 80 FR
65292, 65466-67 (October 26, 2015).
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EPA has reviewed the available ozone monitoring data from the
monitoring site in the Newport State Park area for the 2017-2019
period. These data have been quality assured, are recorded in the AQS,
and have been certified. These data demonstrate that the Newport State
Park 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 Newport
State Park 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 Newport State Park Area
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Fourth high 2017-2019
County Monitor Year % Observed (ppm) average (ppm)
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Door............................ 55-029-0004 2017 100 0.069 0.070
.............. 2018 97 0.075 ..............
.............. 2019 99 0.066 ..............
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The Newport State Park area's 3-year ozone design value for 2017-
2019 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
after proposal but 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?
As criteria 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
determinations, EPA ascertained which CAA requirements are applicable
to the Newport State Park area and the Wisconsin SIP and, if
applicable, 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 currently
applicable requirements of the CAA.
The Calcagni Memorandum describes EPA's interpretation of section
107(d)(3)(E) of the CAA. Under this interpretation, a state and the
area it wishes to redesignate must meet the relevant CAA requirements
that are due prior to the state's submittal of a complete redesignation
request for the area. See also the September 17, 1993, Michael Shapiro
memorandum and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of
Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone NAAQS).
Applicable requirements of the CAA that come due subsequent to the
state's submittal of a complete request remain applicable until a
redesignation to attainment is approved but are not required as a
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to
attainment of the 1-hour ozone NAAQS).
1. Wisconsin Has Met All Applicable Requirements of Section 110 and
Part D of the CAA Applicable to the Newport State Park Area for
Purposes of Redesignation
a. Section 110 General Requirements for Implementation Plans
Section 110(a)(2) of the CAA outlines the general requirements for
a SIP. Section 110(a)(2) provides that the SIP must have been adopted
by the state after reasonable public notice and hearing, and that,
among other things, it must: (1) Include enforceable emission
limitations and other control measures, means or techniques necessary
to meet the requirements of the CAA; (2) provide for establishment and
operation of appropriate devices, methods, systems and procedures
necessary to monitor ambient air quality; (3) provide for
implementation of a source permit program to regulate the modification
and construction of stationary sources within the areas covered by the
plan; (4) include provisions for the implementation of part C
prevention of significant deterioration (PSD) and part D new source
review (NSR) permit programs; (5) include provisions for stationary
source emission control measures, monitoring, and reporting; (6)
include provisions for air quality modeling; and, (7) provide for
public and local agency participation in planning and emission control
rule development.
Section 110(a)(2)(D) of the CAA requires SIPs to contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address transport of
certain air pollutants, e.g., NOX SIP call, Clean
[[Page 14611]]
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 which 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 and oxygenated fuels
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.\3\
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\3\ 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 Newport State Park 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 Newport State Park 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 Newport State Park
nonattainment area, the SIP provisions required under CAA section 172
are due August 3, 2021. No requirements applicable for purposes of
redesignation under part D became due prior to Wisconsin's submission
of the complete redesignation request and, therefore, none are
applicable to the area for purposes of redesignation.
EPA previously approved Wisconsin's nonattainment NSR program on
January 18, 1995 (60 FR 3538). Nonetheless, EPA has determined that,
since PSD requirements will apply after redesignation, 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. A more detailed rationale
for this view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled,
``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' Wisconsin has demonstrated that the
Newport State Park area will be able to maintain the 2015 ozone NAAQS
without part D NSR in effect; therefore, EPA concludes that the state
need not have a fully approved part D NSR program prior to approval of
the redesignation request. 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 Newport
State Park 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).
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 \4\ 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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\4\ 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 MVEBs,
such as control strategy SIPs and maintenance plans.
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iii. Subpart 2 Section 182(a) Requirements
Section 182(a)(1) requires states to submit a comprehensive,
accurate, and current inventory of actual emissions
[[Page 14612]]
from sources of VOC and NOX emitted within the boundaries of
the ozone nonattainment area within two years of designation. For the
Newport State Park area, this submission is due August 3, 2020. Because
it will become due after Wisconsin's submission of a complete
redesignation request for the area, it is not an applicable requirement
for purposes of redesignation.
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 to existing VOC reasonably available control technology
(RACT) rules that were required under section 172(b)(3) prior to the
1990 CAA amendments. The Newport State Park 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 because 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 Newport State Park area is not subject to the section 182(a)(2)(B)
requirement because the area was designated as nonattainment for the
2015 ozone NAAQS after the enactment of the 1990 CAA amendments.
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 Newport State Park area is not subject to the section
182(a)(2)(C) requirement because the area was designated as
nonattainment for the 2015 ozone NAAQS after the enactment of the 1990
CAA amendments.
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, i.e., August 3, 2021. 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.'' Because this requirement will
become due after Wisconsin's submission of a complete redesignation
request for the Newport State Park area, it is not an applicable
requirement for purposes of redesignation.
While Wisconsin has not submitted a nonattainment NSR SIP revision
to address the 2015 ozone NAAQS, Wisconsin currently has a fully-
approved part D NSR program in place. In addition, EPA approved
Wisconsin's PSD program on October 6, 2014 (79 FR 60064) and February
7, 2017 (82 FR 9515). As discussed above, Wisconsin has demonstrated
that the Newport State Park area will be able to maintain the 2015
ozone NAAQS without part D NSR in effect; therefore, EPA concludes that
the state need not have a fully approved part D NSR program prior to
approval of the redesignation request. The state's PSD program will
become effective in the area upon redesignation to attainment.
Section 182(a)(3) requires states to submit periodic emission
inventories and a revision to the SIP to require the owners or
operators of stationary sources to annually submit emission statements
documenting actual VOC and NOX emissions. As discussed below
in section IV.D.4. of this proposed rule, Wisconsin will continue to
update its emissions inventory at least once every three years. For
stationary source emission statements, this submission is due August 3,
2020. Because it will become due after Wisconsin's submission of a
complete redesignation request for the area, it is not an applicable
requirement for purposes of redesignation.
Therefore, EPA finds that the Newport State Park area has satisfied
all applicable requirements for purposes of redesignation under section
110 and part D of title I of the CAA.
2. The Newport State Park 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 Newport State Park 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 has determined that
Wisconsin has demonstrated that the observed ozone air quality
improvement in the Newport State Park area is due to permanent and
enforceable reductions in VOC and NOX emissions resulting
from state measures adopted into the SIP and Federal measures.
In making this demonstration, the state has calculated the change
in emissions between 2014 and 2017. The reduction in emissions and the
corresponding improvement in air quality over this time period can be
attributed to regulatory control measures that Wisconsin and upwind
states have implemented in recent years.\5\ In addition, Wisconsin
provided
[[Page 14613]]
an analysis to demonstrate the improvement in air quality was not due
to unusually favorable meteorology. Based on the information summarized
below, EPA finds that Wisconsin has adequately demonstrated that the
improvement in air quality is due to permanent and enforceable
emissions reductions.
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\5\ EPA designated the Newport State Park area as a Rural
Transport Area (RTA), which means EPA determined that the
NOX and VOC emissions from sources within the park do not
make a significant contribution to ozone concentrations in the park
itself, or in other areas. Therefore, the permanent and enforceable
precursor emissions reductions required for redesignation must be
from areas outside the park 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 park, and which, therefore, have the potential to impact ozone
levels in the park. Additionally, permanent and enforceable
reductions from Chicago, a multi-state metropolitan area upwind of
the park, 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.
---------------------------------------------------------------------------
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NOX Controls
CAIR/CSAPR. Under the ``good neighbor provision'' of CAA section
110(a)(2)(D)(i)(I), states are required to address interstate transport
of air pollution. Specifically, the good neighbor provision provides
that each state's SIP must contain provisions prohibiting emissions
from within that state which will contribute significantly to
nonattainment of the NAAQS, or interfere with maintenance of the NAAQS,
in any other state.
On May 12, 2005, EPA published CAIR, which required eastern states,
including Wisconsin, to prohibit emissions consistent with annual and
ozone season NOX budgets and annual sulfur dioxide
(SO2) budgets (70 FR 25152). CAIR addressed the good
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate
matter (PM2.5) NAAQS and was designed to mitigate the impact
of transported NOX emissions, a precursor of both ozone and
PM2.5, as well as transported SO2 emissions,
another precursor of PM2.5. The United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) remanded
CAIR to EPA for replacement in 2008. North Carolina v. EPA, 531 F.3d
896, modified, 550 F.3d 1176 (2008). While EPA worked on developing a
replacement rule, implementation of the CAIR program continued as
planned with the NOX annual and ozone season programs
beginning in 2009 and the SO2 annual program beginning in
2010.
On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's
remand, EPA published CSAPR to replace CAIR and to address the good
neighbor provision for the 1997 ozone NAAQS, the 1997 PM2.5
NAAQS, and the 2006 PM2.5 NAAQS.\6\ Through Federal
Implementation Plans (FIPs), CSAPR required electric generating units
(EGUs) in eastern states, including Wisconsin, to meet annual and ozone
season NOX budgets and annual SO2 budgets
implemented through new trading programs. After delays caused by
litigation, EPA started implementing the CSAPR trading programs in
2015, simultaneously discontinuing administration of the CAIR trading
programs. On October 26, 2016, EPA published the CSAPR Update, which
established, starting in 2017, a new ozone season NOX
trading program for EGUs in eastern states, including Wisconsin, to
address the good neighbor provision for the 2008 ozone NAAQS (81 FR
74504). CSAPR Update is projected to result in a 20% reduction in ozone
season NOX emissions from EGUs in the eastern United States,
a reduction of 80,000 tons in 2017 compared to 2015 levels. The
reduction in NOX emissions from the implementation of CAIR
and then CSAPR occurred during the attainment years, and additional
emission reductions will occur throughout the maintenance period.
---------------------------------------------------------------------------
\6\ In a December 27, 2011 rulemaking, EPA included Wisconsin in
the ozone season NOX program, addressing the 1997 ozone
NAAQS (76 FR 80760).
---------------------------------------------------------------------------
b. Federal Emission Control Measures
Reductions in VOC and NOX emissions have occurred
statewide and in upwind areas as a result of Federal emission control
measures, with additional emission reductions expected to occur in the
future. Federal emission control measures include the following:
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On February 10, 2000 (65 FR 6698), EPA promulgated Tier 2
motor vehicle emission standards and gasoline sulfur control
requirements. These emission control requirements result in lower VOC
and NOX emissions from new cars and light duty trucks,
including sport utility vehicles. With respect to fuels, this rule
required refiners and importers of gasoline to meet lower standards for
sulfur in gasoline, which were phased in between 2004 and 2006. By
2006, refiners were required to meet a 30-ppm average sulfur level,
with a maximum cap of 80 ppm. This reduction in fuel sulfur content
ensures the effectiveness of low emission-control technologies. The
Tier 2 tailpipe standards established in this rule were phased in for
new vehicles between 2004 and 2009. EPA estimates that, when fully
implemented, this rule will cut NOX and VOC emissions from
light-duty vehicles and light-duty trucks by approximately 76% and 28%,
respectively. NOX and VOC reductions from medium-duty
passenger vehicles included as part of the Tier 2 vehicle program are
estimated to be approximately 37,000 and 9,500 tons per year,
respectively, when fully implemented. As projected by these estimates
and demonstrated in the onroad emission modeling for the Newport State
Park area, much 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.
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 will be phased in between 2017 and 2025. Tier 3 sets
new tailpipe standards for the sum of VOC and NOX and for
particulate matter (PM). The VOC and NOX tailpipe standards
for light-duty vehicles represent approximately an 80% reduction from
today's fleet average and a 70% reduction in per-vehicle PM standards.
Heavy-duty tailpipe standards represent about a 60% reduction in both
fleet average VOC and NOX and per-vehicle PM standards. The
evaporative emissions requirements in the rule will result in
approximately a 50% reduction from current standards and apply to all
light-duty and onroad gasoline-powered heavy-duty vehicles. Finally,
the rule lowers the sulfur content of gasoline to an annual average of
10 ppm by January 2017. As projected by these estimates and
demonstrated in the onroad emission modeling for the Newport State Park
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
onroad heavy-duty diesel engines that includes standards limiting the
sulfur content of diesel fuel. Emissions standards for NOX,
VOC and PM were phased in between model years 2007 and 2010. In
[[Page 14614]]
addition, the rule reduced the highway diesel fuel sulfur content to 15
ppm by 2007, leading to additional reductions in combustion
NOX and VOC emissions. EPA has estimated future year
emission reductions due to implementation of this rule. Nationally, EPA
estimated that 2015 NOX and VOC emissions would decrease by
1,260,000 tons and 54,000 tons, respectively. Nationally, EPA estimated
that by 2030 NOX and VOC emissions will decrease by
2,570,000 tons and 115,000 tons, respectively. As projected by these
estimates and demonstrated in the onroad emission modeling for the
Newport State Park 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 SO2 limits for nonroad
diesel fuels were phased in from 2007 through 2012. EPA estimates that
when fully implemented, compliance with this rule will cut
NOX emissions from these nonroad diesel engines by
approximately 90%. As projected by these estimates and demonstrated in
the nonroad emission modeling for the Newport State Park 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 emissions from these engines
and an 80% reduction in NOX emissions. As projected by these
estimates and demonstrated in the nonroad emission modeling for the
Newport State Park area, some of these emission reductions occurred by
the attainment years and additional emission reductions will occur
throughout the maintenance period.
Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR
22896) EPA issued emission standards for marine compression-ignition
engines at or above 30 liters per cylinder. Tier 2 emission standards
have applied beginning in 2011 and are expected to result in a 15 to
25% reduction in NOX emissions from these engines. Final
Tier 3 emission standards have applied beginning in 2016 and are
expected to result in approximately an 80% reduction in NOX
from these engines. As projected by these estimates and demonstrated in
the nonroad emission modeling for the Newport State Park 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 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 2017 as the
attainment year, which is appropriate because it is one of the years in
the 2017-2019 period used to demonstrate attainment.
Since the nonattainment area is only inclusive of Wisconsin's
Newport State Park, the area generally has no point, area, or regularly
quantified nonroad emission sources; therefore, Wisconsin prepared an
onroad mobile source inventory for this area. Wisconsin used the
estimated number of vehicles entering the park on a monthly basis,
vehicle miles traveled (VMT) within the park, which has a 1-mile access
road, and EPA's Motor Vehicle Emission Simulator model (MOVES2014b) to
estimate mobile sector emissions in the state park for the years 2014
and 2017.
As mentioned previously, EPA designated the Newport State Park area
as an RTA. Therefore, the permanent and enforceable precursor emissions
reductions required for redesignation must be inclusive of areas
outside the park 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 \7\ and Wisconsin's Milwaukee
metropolitan area,\8\ both of which are upwind of the park and in line
with general wind patterns on exceedance days, and which, therefore,
have the potential to impact ozone levels in the park. Additionally,
permanent and enforceable reductions from Chicago, a multi-state
metropolitan area \9\ upwind of the park, are listed. In developing the
emissions inventory information for these upwind metropolitan areas for
the year 2014, Wisconsin used the 2014 National Emissions Inventory
(NEI) version 2 and the 2014 National Air Toxics Assessment (NATA) for
point, area, onroad, and nonroad sources. For 2017 emissions, Wisconsin
interpolated between the 2016 and 2023 emissions of EPA's 2016 version
1 emissions modeling platform.
---------------------------------------------------------------------------
\7\ For its upwind emissions reduction analysis for the Green
Bay metropolitan area, Wisconsin included Brown County, WI.
\8\ For its upwind emissions reduction analysis for the
Milwaukee metropolitan area, Wisconsin included: Ozaukee, Racine,
Waukesha and Washington Counties in Wisconsin.
\9\ 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 is 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 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 Newport State Park nonattainment area, Wisconsin
assumed point and area source facilities operate steadily over 365 days
each year. Therefore, Wisconsin estimated 2014 and 2017 summer day
emissions by dividing the annual emissions for the point and area
sectors by 365 days. EPA finds Wisconsin's methods to be reasonable
given Wisconsin's assumptions regarding emissions activity from the
various source sectors.
Using the inventories described above, Wisconsin documents changes
in VOC and NOX emissions from 2014 to 2017 for the Newport
State Park area as well as for the upwind metropolitan areas described
above, including the Green Bay area, the Milwaukee area, and the
Chicago area. Emissions data are shown in Tables 2 through 6. As shown
in Table 6, overall NOX and VOC emissions declined between
2014 and 2017.
[[Page 14615]]
Table 2--NOX Emissions for Nonattainment Year 2014
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0.00 0.00 0.00 0.00103 0.00103
Green Bay area.................. 15.57 2.63 4.05 11.20 33.46
Milwaukee area.................. 21.06 17.87 28.19 57.74 124.86
Chicago area.................... 156.24 96.68 158.24 311.75 722.92
----------------------------------------------------------------------------------------------------------------
Table 3--VOC Emissions for Nonattainment Year 2014
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0.00 0.00 0.00 0.00052 0.00052
Green Bay area.................. 4.27 8.71 2.91 6.31 22.21
Milwaukee area.................. 9.40 50.40 18.77 31.07 109.64
Chicago area.................... 50.20 240.36 91.62 170.29 552.47
----------------------------------------------------------------------------------------------------------------
Table 4--NOX Emissions for Attainment Year 2017
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0.00 0.00 0.00 0.00063 0.00063
Green Bay area.................. 6.67 2.62 2.79 7.83 19.91
Milwaukee area.................. 17.05 17.78 17.57 34.99 87.39
Chicago area.................... 124.86 96.20 138.44 202.33 561.82
----------------------------------------------------------------------------------------------------------------
Table 5--VOC Emissions for Attainment Year 2017
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0.00 0.00 0.00 0.00040 0.00040
Green Bay area.................. 4.55 8.94 1.72 4.31 19.51
Milwaukee area.................. 9.23 50.69 11.83 18.55 90.30
Chicago area.................... 48.23 241.60 70.54 113.35 473.71
----------------------------------------------------------------------------------------------------------------
Table 6--Change in NOX and VOC Emissions Between 2014 and 2017
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
-----------------------------------------------------------------------------------------------
Net change Net change
2014 2017 (2014-2017) 2014 2017 (2014-2017)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Newport State Park:
Point............................................... 0 0 0 0 0 0
Area................................................ 0 0 0 0 0 0
Nonroad............................................. 0 0 0 0 0 0
Onroad.............................................. 0.00103 0.00063 -0.0004 0.00052 0.0004 -0.00012
-----------------------------------------------------------------------------------------------
Total........................................... 0.00103 0.00063 -0.0004 0.00052 0.0004 -0.00012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Green Bay Area:
Point............................................... 15.57 6.67 -8.90 4.27 4.55 +0.28
Area................................................ 2.63 2.62 -0.01 8.71 8.94 +0.23
Nonroad............................................. 4.05 2.79 -1.26 2.91 1.72 -1.19
Onroad.............................................. 11.2 7.83 -3.37 6.31 4.31 -2.00
-----------------------------------------------------------------------------------------------
Total........................................... 33.46 19.91 -13.55 22.21 19.51 -2.70
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee Area:
Point............................................... 21.06 17.05 -4.01 9.40 9.23 -0.17
Area................................................ 17.87 17.78 -0.09 50.40 50.69 +0.29
Nonroad............................................. 28.19 17.57 -10.62 18.77 11.83 -6.94
Onroad.............................................. 57.74 34.99 -22.75 31.07 18.55 -12.52
-----------------------------------------------------------------------------------------------
[[Page 14616]]
Total........................................... 124.86 87.39 -37.47 109.64 90.3 -19.34
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chicago Area:
Point............................................... 156.24 124.86 -31.38 50.20 48.23 -1.97
Area................................................ 96.68 96.2 -0.48 240.36 241.60 +1.24
Nonroad............................................. 158.24 138.44 -19.80 91.62 70.54 -21.08
Onroad.............................................. 311.75 202.33 -109.42 170.29 113.35 -56.94
-----------------------------------------------------------------------------------------------
Total........................................... 722.92 561.82 -161.10 552.47 473.71 -78.76
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Meteorology
Wisconsin included an analysis to further support its demonstration
that the improvement in air quality between the year violations
occurred and the year attainment was achieved is due to permanent and
enforceable emission reductions and not unusually favorable
meteorology. Ozone formation is a complex process with atmospheric
chemical reactions involving NOX and VOC precursor species.
Moreover, summertime ozone formation tends to be positively correlated
with temperature. Wisconsin therefore examined the relationship between
the average summer temperature and the fourth-highest 8-hour ozone
concentration at the Newport State Park monitor from 1998-2019.
Wisconsin also analyzed the annual fourth-highest 8-hour ozone
concentration at the Newport State Park monitor compared to the number
of days where the maximum temperature was greater than or equal to 80
[deg] Fahrenheit (F). The linear regressions for each data set
demonstrate that the number of days where the maximum temperature was
greater than or equal to 80 [deg]F have increased, while annual fourth-
highest 8-hour ozone concentrations have decreased. 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 such as unusually cool summer temperatures.
Therefore, EPA finds that Wisconsin has shown that the air quality
improvements in the Newport State Park area are due to permanent and
enforceable emissions reductions.
D. Does Wisconsin have a fully approvable ozone maintenance plan for
the Newport State Park 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
Newport State Park area to attainment for the 2015 ozone NAAQS,
Wisconsin submitted a SIP revision to provide for maintenance of the
2015 ozone NAAQS through 2030, 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 Newport State Park area has
attained the 2015 ozone NAAQS based on monitoring data for the period
of 2017-2019. Wisconsin selected 2017 as the attainment emissions
inventory year to establish attainment emission levels for VOC and
NOX. Attainment emissions inventories identify the levels of
emissions in the nonattainment area that are sufficient to attain the
NAAQS. As mentioned previously, EPA designated Newport State Park 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 2030 by ensuring that current and future emissions of VOC and
NOX for the Newport State Park RTA 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 RTA, 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
[[Page 14617]]
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 2023 and
2030 to demonstrate maintenance. 2030 is more than 10 years after the
expected effective date of the redesignation to attainment and 2023 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 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 emissions by
extrapolating EPA's 2023 and 2028 emissions projections. Wisconsin used
the same methodology to convert annual tons to tpsd for the 2023 and
2030 emissions projections as it used for the 2014 and 2017 inventory
estimates. Thus, Wisconsin derived 2023 and 2030 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.
Table 7--NOX Emissions for Interim Maintenance Year 2023
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0 0 0 0.00032 0.00032
Green Bay area.................. 5.56 2.58 2.15 3.82 14.11
Milwaukee area.................. 18.07 17.40 14.32 17.49 67.28
Chicago area.................... 101.44 93.29 118.29 108.40 421.41
----------------------------------------------------------------------------------------------------------------
Table 8--VOC Emissions for Interim Maintenance Year 2023
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0 0 0 0.00027 0.00027
Green Bay area.................. 4.53 9.15 1.49 2.72 17.91
Milwaukee area.................. 9.78 51.06 10.88 12.16 83.87
Chicago area.................... 46.75 245.30 65.28 72.56 429.90
----------------------------------------------------------------------------------------------------------------
Table 9--NOX Emissions for Maintenance Year 2030
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0 0 0 0.00016 0.00016
Green Bay area.................. 5.61 2.56 1.48 1.86 11.51
Milwaukee area.................. 17.90 17.11 13.31 10.17 58.48
Chicago area.................... 101.84 89.52 113.96 69.03 374.35
----------------------------------------------------------------------------------------------------------------
Table 10--VOC Emissions for Maintenance Year 2030
[TPSD]
----------------------------------------------------------------------------------------------------------------
Area Point Area Nonroad Onroad Total
----------------------------------------------------------------------------------------------------------------
Newport State Park.............. 0 0 0 0.00019 0.00019
Green Bay area.................. 4.54 9.38 1.41 1.97 17.30
Milwaukee area.................. 9.76 51.43 10.82 8.68 80.69
Chicago area.................... 46.45 249.4 66.68 49.96 412.50
----------------------------------------------------------------------------------------------------------------
Table 11--Change in NOX and VOC Emissions Between 2017 and 2030
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
---------------------------------------------------------------------------------------------------
Net change Net change
2017 2023 2030 (2017-2030) 2017 2023 2030 (2017-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Newport State Park, Door County, Wisconsin:
Point........................................... 0 0 0 0 0 0 0 0
Area............................................ 0 0 0 0 0 0 0 0
Nonroad......................................... 0 0 0 0 0 0 0 0
Onroad.......................................... 6.3E-4 3.2E-4 1.6E-4 -4.7E-4 4.0E-4 2.7 E-4 1.9E-4 -2.1E-4
---------------------------------------------------------------------------------------------------
Total....................................... 6.3E-4 3.2E-4 1.6E-4 -4.7E-4 4.0E-4 2.7 E-4 1.9E-4 -2.1E-4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Green Bay Wisconsin Metropolitan Area:
Point........................................... 6.67 5.56 5.61 -1.06 4.55 4.53 4.54 -0.01
[[Page 14618]]
Area............................................ 2.62 2.58 2.56 -0.06 8.94 9.15 9.38 +0.44
Nonroad......................................... 2.79 2.15 1.48 -1.31 1.72 1.49 1.41 -0.31
Onroad.......................................... 7.83 3.82 1.86 -5.97 4.31 2.72 1.97 -2.34
---------------------------------------------------------------------------------------------------
Total....................................... 19.91 14.11 11.51 -8.40 19.51 17.91 17.30 -2.21
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee Wisconsin Metropolitan Area:
Point........................................... 17.05 18.07 17.90 +0.85 9.23 9.78 9.76 +0.53
Area............................................ 17.78 17.40 17.11 -0.67 50.69 51.06 51.43 +0.74
Nonroad......................................... 17.57 14.32 13.31 -4.26 11.83 10.88 10.82 -1.01
Onroad.......................................... 34.99 17.49 10.17 -24.82 18.55 12.16 8.68 -9.87
---------------------------------------------------------------------------------------------------
Total....................................... 87.39 67.28 58.48 -28.91 90.30 83.87 80.69 -9.61
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chicago Metropolitan Area:
Point........................................... 124.86 101.44 101.84 -23.02 48.23 46.75 46.45 -1.78
Area............................................ 96.20 93.29 89.52 -6.68 241.60 245.30 249.40 +7.78
Nonroad......................................... 138.44 118.29 113.96 -24.48 70.54 65.28 66.68 -3.86
Onroad.......................................... 202.33 108.40 69.03 -133.30 113.35 72.56 49.96 -63.39
---------------------------------------------------------------------------------------------------
Total....................................... 561.82 421.41 374.35 -187.50 473.71 429.90 412.50 -61.25
--------------------------------------------------------------------------------------------------------------------------------------------------------
In summary, Wisconsin's maintenance demonstration for the RTA shows
maintenance of the 2015 ozone NAAQS by providing emissions information
to support the demonstration that future emissions of NOX
and VOC will remain at or below 2017 emission levels when taking into
account both future source growth and implementation of future
controls. Table 11 shows NOX and VOC emissions are projected
to decrease between 2017 and 2030.
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 Newport
State Park 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 located in the Newport State Park
area. 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 RTA 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 2014, and 2017 is in progress. Point
source facilities covered by Wisconsin's emission statement rule,
Chapter NR 438 of the Wisconsin Administrative Code, will continue to
submit VOC and NOX emissions on an annual basis.
5. What is the contingency plan for the area?
Section 175A of the CAA requires the state to adopt a maintenance
plan, as a SIP revision, that includes such contingency measures as EPA
deems necessary to assure that the state will promptly correct a
violation of the NAAQS that occurs after redesignation of the area to
attainment of the NAAQS. The maintenance plan must identify: The
contingency measures to be considered and, if needed for maintenance,
adopted and implemented; a schedule and procedure for adoption and
implementation; and a time limit for action by the state. The state
should also identify specific indicators to be used to determine when
the contingency measures need to be considered, adopted, and
implemented. The maintenance plan must include a commitment that the
state will implement all measures with respect to the control of the
pollutant that were contained in the SIP before redesignation of the
area to attainment in accordance with section 175A(d) of the CAA.
As required by section 175A of the CAA, Wisconsin has adopted a
maintenance plan for the Newport State Park 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
[[Page 14619]]
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 Newport
State Park RTA 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 new air quality violations,
worsen existing air quality problems, or delay timely attainment of the
NAAQS or interim air quality 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. Maintenance areas are areas that were previously
nonattainment for a particular NAAQS, but that have been redesignated
to attainment with an approved 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 MVEBs for criteria
pollutants, including ozone, and their precursor pollutants (VOC and
NOX for ozone) to address pollution from onroad
transportation sources. The MVEBs 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 MVEB 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 MVEBs for other years as well. The
MVEB serves as a ceiling on emissions from an area's planned
transportation system. The MVEB 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 MVEB in the
SIP and how to revise the MVEB, if needed, subsequent to initially
establishing a MVEB in the SIP.
B. What is the status of EPA's adequacy determination for the proposed
VOC and NOX MVEBs for the Newport State Park area?
When reviewing submitted control strategy SIPs or maintenance plans
containing MVEBs, EPA must affirmatively find that the MVEBs contained
therein are adequate for use in determining transportation conformity.
Once EPA affirmatively finds that the submitted MVEBs are adequate for
transportation purposes, the MVEBs must be used by state and Federal
agencies in determining whether proposed transportation projects
conform to the SIP as required by section 176(c) of the CAA.
EPA's substantive criteria for determining adequacy of a MVEB 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. This process for determining the adequacy of submitted
MVEBs for transportation conformity purposes was initially outlined in
EPA's May 14, 1999 guidance, ``Conformity Guidance on Implementation of
March 2, 1999, Conformity Court Decision.'' EPA adopted regulations to
codify the adequacy process in the Transportation Conformity Rule
Amendments for the ``New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule Amendments--Response to Court
Decision and Additional Rule Change,'' on July 1, 2004 (69 FR 40004).
Additional information on the adequacy process for transportation
conformity purposes is available in the proposed rule titled,
``Transportation Conformity Rule Amendments: Response to Court Decision
and Additional Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, Wisconsin's maintenance plan includes
NOX and VOC MVEBs for the Newport State Park area for 2030
and 2023, the last year of the maintenance period and an interim year,
respectively. EPA has reviewed Wisconsin's VOC and NOX MVEBs
for the Newport State Park RTA and, in this action, is proposing to
find them adequate for approval into the Wisconsin SIP. Wisconsin's
January 27, 2020 maintenance plan SIP submission, including the VOC and
NOX MVEBs for the Newport State Park area, is open for
public comment via this proposed rulemaking. The submitted maintenance
plan, which includes the MVEBs, was endorsed by the Governor's designee
and was subject to a state public hearing. The MVEBs were developed as
part of an interagency consultation process which includes Federal,
state, and local agencies. The MVEBs were clearly identified and
precisely quantified. These MVEBs, when considered together with all
other
[[Page 14620]]
emissions sources, are consistent with maintenance of the 2015 ozone
NAAQS.
Table 12--MVEBs for Newport State Park Area
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Attainment 2023 2023 mobile 2030 2030 mobile
year 2017 estimated safety margin estimated safety margin
onroad onroad allocation 2023 MVEBs onroad allocation 2030 MVEBs
emissions emissions (percent) emissions (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC..................................... 0.00040 0.00024 15 0.00027 0.00017 15 0.00019
NOX..................................... 0.00063 0.00028 15 0.00032 0.00014 15 0.00016
--------------------------------------------------------------------------------------------------------------------------------------------------------
As shown in Table 12, the 2023 and 2030 MVEBs exceed the estimated
2023 and 2030 onroad sector emissions. To accommodate future variations
in travel demand models and VMT forecast, Wisconsin allocated a portion
of the safety margin (described further below) to the mobile sector.
Wisconsin has demonstrated that with mobile source emissions at or
below 0.00027 TPSD and 0.00019 TPSD of VOC and 0.00032 TPSD and 0.00016
TPSD of NOX in 2023 and 2030, respectively, including
partial allocation of the safety margin, emissions will remain under
attainment year emission levels. EPA finds adequate and is proposing to
approve the MVEBs 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 MVEBs in conjunction with the
levels of the projected emissions inventories for the upwind areas
discussed above.
C. What is a safety margin?
A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. As noted in Table 11, the
emissions in the Newport State Park area are projected to have safety
margins of 0.00047 TPSD for NOX and 0.00021 TPSD for VOC in
2030 (the difference between the attainment year, 2017, emissions and
the projected 2030 emissions for all sources in the area). Similarly,
there is a safety margin of 0.00031 TPSD for NOX and 0.00013
TPSD for VOC in 2023. 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 mobile source sector. Specifically, in 2023,
Wisconsin is allocating 0.00003 TPSD and 0.00004 TPSD of the VOC and
NOX safety margins, respectively. In 2030, Wisconsin is
allocating 0.00002 TPSD and 0.00002 TPSD of the VOC and NOX
safety margins, respectively. Wisconsin is not requesting allocation to
the MVEBs of the entire available safety margins reflected in the
demonstration of maintenance. In fact, the amount allocated to the
MVEBs represents only a small portion of the 2023 and 2030 safety
margins. Therefore, even though the state is requesting MVEBs that
exceed the projected onroad mobile source emissions for 2023 and 2030
contained in the demonstration of maintenance, the permissible level of
onroad 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 mobile sources,
these safety margins will not be available for use by other sources.
Further, the Newport State Park area is an RTA. Therefore, in addition
to the MVEBs, the estimated upwind emissions reductions throughout the
maintenance period, which are described above, are also important for
maintaining the 2015 ozone NAAQS in this area throughout the 10-year
maintenance period.
VI. Proposed Actions
EPA is proposing to change the legal designation of the Newport
State Park area from nonattainment to attainment for the 2015 ozone
NAAQS. 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 Newport State Park area in attainment of the 2015
ozone NAAQS through 2030. Finally, EPA finds adequate and therefore
proposes to approve the newly-established 2023 and 2030 MVEBs for the
Newport State Park area.
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, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described
[[Page 14621]]
in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: February 28, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
[FR Doc. 2020-05007 Filed 3-12-20; 8:45 am]
BILLING CODE 6560-50-P