[Federal Register: April 17, 2003 (Volume 68, Number 74)]
[Rules and Regulations]
[Page 18883-18890]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ap03-13]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[WI114-01-7344a, FRL-7484-2]
Approval and Promulgation of Air Quality Implementation Plans and
Designation of Areas for Air Quality Planning Purposes; Wisconsin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is making a determination that Manitowoc and Door
Counties in Wisconsin have attained the one-hour ozone National Ambient
Air Quality Standard (NAAQS), and we are approving the State of
Wisconsin's request to redesignate Manitowoc and Door Counties to
attainment for ground level ozone. In approving this redesignation
request, we are also approving the State's plan for maintaining the
one-hour ozone standard for the next 10 years as a revision to the
Wisconsin State Implementation Plan (SIP). We are notifying the public
that we believe the motor vehicle emissions budgets for volatile
organic compounds (VOC) and oxides of nitrogen (NOX) in the
maintenance plan for Manitowoc and Door Counties are adequate for
conformity purposes and approvable as part of the maintenance plan. In
this direct final rule, we are also approving a 1999 periodic inventory
for the Milwaukee-Racine ozone nonattainment area. The Wisconsin
Department of Natural Resources (WDNR) submitted the redesignation
request and SIP revisions on January 28, 2003, and submitted additional
information on February 5, 2003 and February 27, 2003.
DATES: This rule is effective on June 16, 2003, unless EPA receives
adverse written comments by May 19, 2003. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: You may inspect copies of the documents relevant to this
action during normal business hours at the following location:
Regulation Development Section, Air Programs Branch, (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Please contact Kathleen D'Agostino at (312)
886-1767 before visiting the Region 5 office.
Send written comments to: Carlton Nash, Chief, Regulation
Development Section, Air Programs Branch, (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Regulation Development Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-1767.
SUPPLEMENTARY INFORMATION: This Supplementary Information section is
organized as follows:
I. What Has Wisconsin Submitted?
A. Redesignation of Manitowoc and Door Counties and SIP Revision
for Maintaining the One-Hour Ozone Standard
1. Why Has the State Made this Submission?
2. What Criteria Are EPA Using in Reviewing the State's
Submission?
3. Is the State's Submission Consistent With the Clean Air Act?
B. 1999 Periodic Emissions Inventory for the Milwaukee-Racine
Area
II. What Action Is EPA Taking?
III. Is This Action Final, or May I Submit Comments?
IV. What Statutory and Executive Order Reviews Did EPA Conduct?
I. What Has Wisconsin Submitted?
On January 28, 2003, the WDNR submitted a revision to its SIP for
ozone. Additional information pertaining to the SIP was submitted on
February 5, 2003 and February 27, 2003. This SIP revision contained
four components: (1) A request to redesignate Manitowoc and Door
Counties to attainment for ozone and a plan to ensure maintenance of
the ozone standard through 2013, (2) the 1999 periodic inventory for
the Milwaukee-Racine area, (3) maintenance plan updates for Sheboygan
and Kewaunee Counties, and (4) new transportation conformity budgets
based on the MOBILE6 emissions model for the Milwaukee-Racine and
Sheboygan areas. This direct final action will address the
redesignation request and maintenance plan for Manitowoc and Door
Counties and the 1999 periodic inventory for the Milwaukee-Racine area.
The maintenance plan updates for Kewaunee and Sheboygan Counties and
the new transportation conformity budgets for the Milwaukee-Racine and
Sheboygan areas will be addressed in a separate action.
A. Redesignation of Manitowoc and Door Counties and SIP Revision for
Maintaining the One-Hour Ozone Standard
1. Why Has the State Made This Submission?
In accordance with requirements of the Clean Air Act as amended in
1990 (Act), Manitowoc and Door Counties were designated as ozone
nonattainment areas on November 6, 1991 (56 FR 56850). At that time
Manitowoc was classified as a moderate ozone nonattainment area and
Door County was classified as a rural transport marginal) ozone
nonattainment area. The nonattainment designations were based on
monitored violations of the NAAQS for ozone.
Recent air quality data shows that both counties are attaining the
ozone NAAQS. Therefore, on January 28, 2003, the WDNR submitted a
request to redesignate the areas to attainment for ozone and a
maintenance plan to ensure attainment through 2013.
2. What Criteria Are EPA Using in Reviewing the State's Submission?
The Act establishes the requirements for redesignating a
nonattainment area to attainment. Specifically, section 107(d)(3)(E)
allows for redesignation providing that:
(1) The Administrator determines that the area has attained the
NAAQS;
(2) The State containing such area has met all requirements
applicable to the area under section 110 and Part D;
(3) The Administrator has fully approved the applicable
implementation plan for the area under section 110(k);
(4) The Administrator determines that the improvement in air
quality is due to permanent and enforceable reductions in emissions
resulting from implementation of the applicable implementation plan and
applicable Federal air pollutant control regulations and other
permanent and enforceable reductions; and
(5) The Administrator has fully approved a maintenance plan for the
area as meeting the requirements of section 175A.
The EPA provided guidance on redesignation in the General Preamble
for the Implementation of Title I of the CAA Amendments of 1990, on
April 16, 1992 (57 FR 13498) and supplemented on April 28, 1992 (57 FR
18070). The
[[Page 18884]]
EPA has provided further guidance on processing redesignation requests
in the following documents:
(1) ``Part D New Source Review (part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Mary D. Nichols, Assistant
Administrator for Air and Radiation, October 14, 1994.
(2) ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993.
(3) ``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,'' Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation, September 17, 1993.
(4) ``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act Deadlines,'' John Calcagni, Director, Air Quality
Management Division, October 28, 1992.
(5) ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' John Calcagni, Director, Air Quality Management Division,
September 4, 1992.
(6) ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' G.T. Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, June 1, 1992.
(7) State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990 (57
FR 13498), April 16, 1992.
3. Is the State's Submission Consistent With the Clean Air Act?
The following paragraphs discuss each of these criteria with
respect to Wisconsin's request to redesignate Manitowoc and Door
Counties to attainment for ozone:
a. The area has attained the applicable NAAQS;
b. The area has met all relevant requirements under section 110 and
part D of the Act;
c. The area has a fully approved SIP under section 110(k) of the
Act;
d. The air quality improvement is permanent and enforceable;
e. The area has a fully approved maintenance plan pursuant to
section 175A of the Act.
a. Attainment of the Ozone NAAQS
According to the September Calcagni memorandum, for ozone, an area
is considered attaining the NAAQS if there are no violations, as
determined in accordance with the regulation codified at 40 CFR 50.9,
based on three consecutive calendar years of complete, quality assured
monitoring data. A violation occurs when the ozone air quality
monitoring data show greater than one (1.0) average expected exceedance
per year at any site in the area. An exceedance occurs when the maximum
hourly ozone concentration exceeds 0.124 parts per million (ppm). The
data should be collected and quality-assured in accordance with 40 CFR
part 58, and recorded in the Aerometric Information Retrieval System
(AIRS) so that it is available to the public for review.
The Wisconsin request is based on an analysis of ozone air quality
data from 1999-2002 as reported in AIRS. The State collected this data
in an EPA approved, quality assured, National Air Monitoring System
monitoring network. Table 1 below summarizes this air quality data.
Table 1.--Ambient Air Quality Monitoring Data for 1999-2002 Extracted From AIRS (ppm)
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No.
Site ID Site name County Year 1st Max 2nd Max 3rd Max 4th Max exceed 3 yr avg
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55-029-0004...................... Newport............ Door............... 1999 .123 .112 .109 .109 0 .........
2000 .108 .095 .095 .092 0 .........
2001 .125 .113 .109 .107 1 0.3
2002 .113 .110 .108 .100 0 0.3
55-071-0004...................... Collins............ Manitowoc.......... 1999 .122 .109 .101 .097 0 .........
2000 .091 .090 .080 .078 0 .........
2001 .112 .112 .109 .107 0 0
2002 .105 .098 .093 .091 0 0
55-071-0007...................... Manitowoc.......... Manitowoc.......... 1999 .130 .115 .107 .106 1 .........
2000 .111 .092 .092 .091 0 .........
2001 .120 .110 .109 .108 0 0.3
2002 .101 .100 .099 .095 0 0
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During the 1999-2002 time period, the Newport monitor in Door
county recorded only one exceedance of the ozone NAAQS, resulting in a
three year average of 0.3 exceedances per year for both 1999-2001 and
2000-2002. During the 1999-2002 time period, the Collins monitor in
Manitowoc County recorded no exceedances of the ozone NAAQS, and the
Manitowoc monitor in Manitowoc county recorded only one exceedance of
the ozone NAAQS. For Manitowoc County, this resulted in a three year
average of 0.3 exceedances per year for 1999-2001 and 0 exceedances per
year for 2000-2002. The data demonstrates that the areas are monitoring
attainment of the 1-hour ozone NAAQS.
As a result, the areas meet the first statutory criterion for
redesignation to attainment of the ozone NAAQS. The State has committed
to continue monitoring in the areas in accordance with 40 CFR part 58.
(If, however, complete quality assured data show violations of the
ozone NAAQS before the final EPA action on this redesignation, the
area(s) will no longer qualify for redesignation).
b. Meeting Applicable Requirements of Section 110 and Part D
In November 1991, Manitowoc and Door Counties were designated
nonattainment for ozone and classified as moderate and rural transport
(marginal) areas, respectively. As a result of this designation, the
WDNR was required to submit State Implementation Plans (SIP) that meet
the requirements of the Act and demonstrate attainment and maintenance
of the ozone NAAQS.
The status of all required SIP elements follows:
[[Page 18885]]
Section 110 Requirements
Section 110(a)(2) of the Act lists general elements to be included
in each SIP after adoption by the State and reasonable notice and
public hearing. The elements include, but are not limited to,
provisions for establishment and operation of appropriate devices,
methods, systems and procedures necessary to monitor ambient air
quality; implementation of a permit program as required in Parts C
(prevention of significant deterioration (PSD)) and D (New Source
Review (NSR)) of the Act; criteria for stationary source emission
control measures, monitoring, and reporting; provisions for modeling;
and provisions for public and local agency participation. For purposes
of redesignation, EPA reviewed the Manitowoc and Door county SIPs and
determined that the individual SIPs are consistent with the
requirements of section 110 of the Act.
Part D Requirements
Before EPA may redesignate Manitowoc and Door Counties to
attainment, the SIPs must have fulfilled the applicable requirements of
Part D. Under Part D, an area's classification determines the
requirements to which it is subject. Subpart 1 of Part D sets forth the
basic nonattainment requirements applicable to all nonattainment areas.
Subpart 2 of Part D establishes additional requirements for ozone
nonattainment areas classified under table 1 of section 181(a). As
described in the General Preamble, specific requirements of subpart 2
may override subpart 1's general provisions (57 FR 13501 (April 16,
1992)). On November 6, 1991 (56 FR 56694), Manitowoc and Door Counties
were designated as nonattainment and classified as moderate and rural
transport (marginal), respectively. Therefore, to be redesignated to
attainment, the State must meet the applicable requirements of subpart
1 of Part D--specifically sections 172 and 176, as well as the
applicable requirements of subpart 2 of Part D.
Subpart 1 of Part D
Section 172(c) sets forth general requirements applicable to all
nonattainment areas. Under 172(b), the section 172(c) requirements are
applicable as determined by the Administrator, but no later than 3
years from the date of the nonattainment designation. As discussed
below, Wisconsin has satisfied the section 172(c) requirements.
(1) Section 172(c)(1) requires nonattainment areas to provide for
the implementation of all reasonably available control measures (RACM)
as expeditiously as practicable. EPA approved Wisconsin's RACM
demonstration on November 13, 2001 (66 FR 56931).
(2) Section 172(c)(2) requires an area to submit a SIP providing
for reasonable further progress (RFP). This requirement was superseded
by the 15 percent RFP plan required under section 182(b)(1). EPA
approved Wisconsin's RFP SIP on March 22, 1996 (61 FR 11735).
(3) Section 172(c)(3) requires submission and approval of a
comprehensive, accurate, and current inventory of actual emissions. The
requirement was superseded by the inventory requirement in section
182(a)(1). The WDNR submitted such an inventory on November 15, 1992.
It was approved on June 15, 1994 (59 FR 30702).
(4) Section 172 (c)(4) requires the quantification of emissions
that will be allowed from the construction of major new or modified
stationary sources. 172(c)(5) requires permits for the construction and
operation of new and modified major stationary sources anywhere in the
nonattainment area. Section 182(a)(4) requires all major new sources or
modifications in a marginal nonattainment area to achieve offsetting
reductions of volatile organic compounds (VOC) at a ratio of at least
1.1 to 1.0. Section 182(b)(5) requires all major new sources or
modifications in a moderate nonattainment area to achieve offsetting
reductions of VOCs at a ratio of at least 1.15 to 1.0. The WDNR
submitted nonattainment area NSR rules on November 15, 1992. EPA
approved Wisconsin's rules on January 18, 1995, (60 FR 3538). The State
PSD program will become effective in Manitowoc and Door Counties upon
redesignation to attainment. EPA delegated the PSD program to WDNR on
November 4, 1987.
(5) Section 172(c)(9) requires the state to provide for the
implementation of contingency measures if the area fails to make
reasonable further progress or attain the NAAQS. EPA approved the
State's contingency measures on March 22, 1996 (61 FR 11735).
Section 176(c) of the Act 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 State SIP.
The requirement to determine conformity applies to transportation
plans, programs and projects developed, funded or approved under title
23 U.S.C. or the Federal Transit Act (``transportation conformity''),
as well as to all other Federally supported or funded projects
(``general conformity''). Section 176 further provides that state
conformity revisions must be consistent with Federal conformity
regulations that the Act required the EPA to promulgate. EPA approved
Wisconsin's general and transportation conformity SIPs on July 29, 1996
(61 FR 39329) and August 27, 1996 (61 FR 43970), respectively. The on-
highway motor vehicle budgets for Door County are 0.74 tons of VOC/day
and 1.17 tons of NOX/day, based on the area's 2013 level of
emissions. The on-highway motor vehicle budgets for Manitowoc County
are 1.89 tons of VOC/day and 3.59 tons of NOX/day, based on
the area's 2013 level of emissions. Door and Manitowoc Counties must
use the motor vehicle emissions budgets from the maintenance plan in
any conformity determination that is effective on or after the
effective date of the maintenance plan approval.
Subpart 2 of Part D
Door County is a rural transport (marginal) ozone nonattainment
area and is subject to the section 182(a) requirements. Manitowoc
County is a moderate ozone nonattainment area and is subject to the
section 182(a), 182(b), and 182(f) requirements. The following
discussion describes each of these requirements, as well as Door and
Manitowoc Counties' approval status for each item.
(1) The emission inventory required by section 182(a)(1) was
approved on June 15, 1994 (59 FR 30702).
(2) The RACT corrections required by section 182(a)(2)(A) were
approved on August 15, 1994 (59 FR 41709) and April 27, 1995 (60 FR
20643).
(3) The section 182(a)(2)(B) motor vehicle inspection and
maintenance (I/M) requirement is not applicable to Manitowoc or Door
Counties since the areas were not required to implement I/M prior to
the enactment of the 1990 Amendments.
(4) The NSR rules required by section 182(a)(C), the offset ratio
of 1.1 to 1 required by section 182(a)(4) for Door County, and the
offset ratio of 1.15 to 1 required by section 182(b)(5) for Manitowoc
County were approved on January 18, 1995 (60 FR 3538).
(5) The emission statement SIP required by section 182(a)(3)(B) was
approved on December 6, 1993 (58 FR 64155).
(6) The 15 percent RFP plan required under section 182(b)(1) was
approved on March 22, 1996 (61 FR 11735).
(7) The attainment demonstration required by section 182(b)(1) was
[[Page 18886]]
approved on November 13, 2001 (66 FR 56931).
(8) The VOC RACT requirements of section 182(b)(2) were approved as
follows: primary submittal on August 15, 1994 (59 FR 41709) and April
27, 1995 (60 FR 20643); yeast manufacturing, molded wood parts or
products coating, and wood door finishing on June 30, 1995 (60 FR
34170); screen printing and negative declarations on July 28, 1995 (60
FR 38722); iron and steel foundries on February 13, 1996 (61 FR 5514);
wood furniture coating on April 4, 1996 (61 FR 14972); lithographic
printing on April 9, 1996 (61 FR 105706); industrial adhesives on April
25, 1996 (61 FR 18257); and industrial solvent cleaning, plastic parts
coating, and ink manufacturing on November 13, 2001 (66 FR 56931).
(9) The Stage II gasoline vapor recovery rules required by section
182(b)(3) were approved on August 13, 1993 (58 FR 43080).
(10) The motor vehicle inspection and maintenance (I/M) requirement
to satisfy section 182(b)(4) is not applicable for Manitowoc County
because there are no urbanized areas in Manitowoc County exceeding the
population threshold specified in EPA's I/M rule (51 CFR Part 350).
(11) On July 13, 1994, Wisconsin submitted a section 182(f)
NOX petition to be relieved of the section 182(f)
NOX requirements based on urban airshed modeling (UAM). The
modeling showed that NOX emission reductions would not
contribute to attainment of the ozone standard. EPA approved the
section 182(f) petition on January 26, 1996 (61 FR 2428). On November
13, 2001 (66 FR 56931), EPA approved a revision to the 182(f) exemption
which states that NOX emission reductions other than those
contained in the attainment demonstration are not necessary for
attainment. A NOX waiver remains in effect for the areas.
c. Fully Approved SIP Under Section 110(k) of the Act
Wisconsin has presented an adequate demonstration that the State
has met all the requirements applicable to the areas under section 110
and part D. EPA has approved all relevant portions of the Wisconsin SIP
for Manitowoc and Door Counties.
d. Improvement in Air Quality Due to Permanent and Enforceable Measures
The State must be able to reasonably attribute the improvement in
air quality to emission reductions which are permanent and enforceable.
To satisfy this requirement, the State has calculated the change in
emissions between 1990 and 1999 and has documented specific permanent
and enforceable programs responsible for emission reductions over this
time period.
Wisconsin is using 1990 for the nonattainment inventory because it
is one of the years used to determine the design value of the areas for
designation and classification. The 1990 inventory is based on the 1990
Base Year Emissions Inventory required by section 182(a)(1) and
approved by EPA on June 15, 1994 (59 FR 30702). For comparison, the
state developed a baseline inventory for 1999, one of the years the
areas monitored attainment.
For the 1990 through 1999 time period, the state has quantified
emission reductions from the following permanent and enforceable
measures: Federal ``Tier 0'' vehicle standards; 1992 gasoline Reid
vapor pressure change; Federal ``Tier 1'' vehicle standards; Federal
architectural, industrial and maintenance coatings rule; Federal
consumer and commercial products rule; autobody refinishing rule; Stage
II vapor recovery; traffic markings rule; gasoline station tank
breathing rule; Federal non-road engine standards; wood furniture
coating rule; miscellaneous wood products coating rule; industrial
adhesives rule; lithographic printing rule; and plastic parts coating
rule.
Based on the inventories described above, Wisconsin's submittal
documents changes in VOC and NOX emissions from 1990 to 1999
for each county. Those changes in emissions are shown in tables 2
through 5 below.\1\
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\1\ Any discrepancies between the table totals and the sum of
their constituent values are due to rounding conventions. The sector
totals were actually figured to three decimal places, summed, and
then rounded to two decimal places to obtain the total emissions.
Table 2.--Door County 1990-1999 VOC Emission Reductions
[tons per day]
------------------------------------------------------------------------
Net change
Sector 1990 1999 1990-1999
------------------------------------------------------------------------
Point.................................... 0.00 0.14 0.14
Area..................................... 5.92 2.61 -3.31
Non-Road Mobile.......................... 4.15 4.41 0.26
Mobile................................... 3.34 1.73 -1.61
----------
Total.................................. 13.41 8.89 -4.52
------------------------------------------------------------------------
Table 3.--Door County 1990-1999 NOX Emission Reductions
[tons per day]
------------------------------------------------------------------------
Net change
Sector 1990 1999 1990-1999
------------------------------------------------------------------------
Point.................................... 0.00 0.02 0.02
Area..................................... 0.54 0.35 -0.19
Non-Road Mobile.......................... 0.84 1.02 0.18
Mobile................................... 3.23 2.69 -0.54
----------
Total.................................. 4.61 4.07 -0.54
------------------------------------------------------------------------
Table 4.--Manitowoc County 1990-1999 VOC Emission Reductions
[tons per day]
------------------------------------------------------------------------
Net change
Sector 1990 1999 1990-1999
------------------------------------------------------------------------
Point.................................... 1.16 1.92 0.76
Area..................................... 9.40 6.28 -3.12
Non-Road Mobile.......................... 2.26 2.34 0.08
Mobile................................... 9.16 4.36 -4.80
----------
Total.................................. 21.98 14.90 -7.08
------------------------------------------------------------------------
Table 5.--Manitowoc County 1990-1999 NOX Emission Reductions
[tons per day]
------------------------------------------------------------------------
Net change
Sector 1990 1999 1990-1999
------------------------------------------------------------------------
Point.................................... 3.20 3.39 0.19
Area..................................... 1.57 1.06 -0.51
Non-Road Mobile.......................... 1.91 2.47 0.56
Mobile................................... 8.81 7.93 -0.88
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Total.................................. 15.49 14.86 -0.63
------------------------------------------------------------------------
Tables 2 and 3 show that Door County reduced VOC emissions by 4.52
tons per day and NOX emissions by 0.54 tons per day between
1990 and 1999. Tables 4 and 5 show that Manitowoc County reduced VOC
emissions by 7.08 tons per day and NOX emissions by 0.63
tons per day between 1990 and 1999.
Based on this information, the State has adequately demonstrated
that the improvement in air quality is due to permanent and enforceable
emissions reductions.
e. Fully Approved Maintenance Plan Under Section 175A
Section 175A of the Act sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The plan must demonstrate continued attainment of the applicable NAAQS
for at least 10 years after the EPA approves a
[[Page 18887]]
redesignation to attainment. Eight years after the redesignation, the
State must submit a revised maintenance plan which demonstrates
attainment for the 10 years following the initial 10-year period. To
address potential future NAAQS violations, the maintenance plan must
contain contingency measures, with a schedule for implementation
adequate to assure prompt correction of any air quality problems.
Section 175A(d) requires that the contingency provisions include a
requirement that the State will implement all control measures that
were in the SIP prior to redesignation as an attainment area.
An ozone maintenance plan should address the following five
elements: attainment inventory, demonstration of maintenance,
monitoring network, verification of continued attainment, and a
contingency plan.
Attainment Inventory
On November 13, 2001 (66 FR 56931), EPA approved Wisconsin's one-
hour ozone attainment demonstration for the Milwaukee area, Manitowoc
County and Door County. The approved demonstration shows modeled
attainment in 2007. Consequently, Wisconsin must use 2007 as the
attainment year for Manitowoc and Door Counties. The State has
developed an attainment inventory by projecting the 1999 baseline
emission inventory described above to 2007 using growth factors and
control factors.
The attainment level of emissions are summarized in the tables
below: \2\
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\2\ Any discrepancies between the table totals and the sum of
their constituent values are due to rounding conventions. The sector
totals were actually figured to three decimal places, summed, and
then rounded to two decimal places to obtain the total emissions.
Table 6.--Door County 2007 Attainment Inventory--VOC and NOX
[tons per day]
------------------------------------------------------------------------
Sector VOC NOX
------------------------------------------------------------------------
Point............................................. 0.17 0.02
Area.............................................. 2.62 0.36
Non-Road Mobile................................... 3.96 1.05
Mobile............................................ 1.20 2.03
------------
Total........................................... 7.94 3.46
------------------------------------------------------------------------
Table 7.--Manitowoc County 2007 Attainment Inventory--VOC and NOX
[tons per day]
------------------------------------------------------------------------
Sector VOC NOX
------------------------------------------------------------------------
Point............................................. 2.23 3.08
Area.............................................. 6.53 1.11
Non-Road Mobile................................... 1.70 2.46
Mobile............................................ 3.12 6.33
------------
Total........................................... 13.58 12.98
------------------------------------------------------------------------
Demonstration of Maintenance
In order to demonstrate continued attainment for ten years after
EPA approves the redesignation, the State was required to develop
inventories for 2007 and 2013. The 2007 attainment inventory was
projected from the 1999 baseline inventory using growth and control
factors. To demonstrate maintenance, the state initially projected the
1999 inventory to 2012, using the same methodology. Subsequently, due
to a delay in submitting the redesignation request, an inventory was
needed for 2013 to demonstrate maintenance for a full ten years after
redesignation. For all sectors except highway mobile, the state assumed
annual growth between 2012 and 2013 to be equivalent to the average
annual growth between 2007 and 2012 by type sector. For highway mobile
emissions, the state used the MOBILE6 model and assumed growth in
vehicle miles traveled (VMT) between 2012 and 2013 to be equivalent to
the average VMT growth between 2007 and 2012.
These emission estimates are presented in the tables below and
demonstrate that VOC and NOX emissions will decrease in
future years.\3\ The results of this analysis show that the area is
expected to maintain the air quality standard for at least ten years
into the future.
---------------------------------------------------------------------------
\3\ Any discrepancies between the table totals and the sum of
their constituent values are due to rounding conventions. The sector
totals were actually figured to three decimal places, summed, and
then rounded to two decimal places to obtain the total emissions.
Table 8.--Door County VOC Maintenance Emission Inventory Summary
[tons per day]
------------------------------------------------------------------------
Sector 2007 2013
------------------------------------------------------------------------
Point............................................. 0.17 0.18
Area.............................................. 2.62 2.83
Non-Road Mobile................................... 3.96 3.68
Mobile............................................ 1.20 0.74
------------
Total........................................... 7.94 7.44
------------------------------------------------------------------------
Table 9.--Door County NOX Maintenance Emission Inventory Summary
[tons per day]
------------------------------------------------------------------------
Sector 2007 2013
------------------------------------------------------------------------
Point............................................. 0.02 0.02
Area.............................................. 0.36 0.36
Non-Road Mobile................................... 1.05 1.09
Mobile............................................ 2.03 1.17
------------
Total........................................... 3.46 2.64
------------------------------------------------------------------------
Table 10.--Manitowoc County VOC Maintenance Emission Inventory Summary
[tons per day]
------------------------------------------------------------------------
Sector 2007 2013
------------------------------------------------------------------------
Point............................................. 2.23 2.45
Area.............................................. 6.53 6.69
Non-Road Mobile................................... 1.75 1.47
Mobile............................................ 3.12 1.89
------------
Total........................................... 13.62 12.50
------------------------------------------------------------------------
Table 11.--Manitowoc County NOX Maintenance Emission Inventory Summary
[tons per day]
------------------------------------------------------------------------
Sector 2007 2013
------------------------------------------------------------------------
Point............................................. 3.08 3.30
Area.............................................. 1.11 1.12
Non-Road Mobile................................... 2.41 2.45
Mobile............................................ 6.33 3.59
------------
Total........................................... 12.93 10.47
------------------------------------------------------------------------
The emission projections show that the emissions are not expected
to exceed the level of the 2007 attainment year inventory during the
10-year maintenance period. In Door County, VOC and NOX
emissions are projected to decrease by 0.5 tons per day and 0.82 tons
per day, respectively. In Manitowoc County, VOC and NOX
emissions are projected to decrease by 1.12 tons per day and 2.46 tons
per day, respectively.
Monitoring Network
Wisconsin currently operates one ozone monitor in Door County and
two ozone monitors in Manitowoc County. The WDNR has committed to
continue operating and maintaining an approved ozone monitor network in
both counties through the maintenance period and beyond.
Verification of Continued Attainment
Tracking--Continued attainment of the ozone NAAQS in Manitowoc and
Door Counties depends, in part, on the
[[Page 18888]]
State's efforts toward tracking indicators of continued attainment
during the maintenance period. The tracking plan for Manitowoc and Door
Counties primarily consists of continued ambient ozone monitoring in
accordance with the requirements of 40 CFR part 58. WDNR maintains a
comprehensive ambient air quality monitoring network and air quality
reporting program, including ozone monitoring sites throughout the
state and a fully enhanced network in the area around Lake Michigan.
These are structured in state statute to continue through and past the
maintenance period. The state will also evaluate future VOC and
NOX emissions inventories for increases over 1999 levels.
Triggers include a violation of the one-hour ozone NAAQS; monitored
ambient levels of ozone exceeding .124 ppm more than once per year at
any one monitoring station; and levels exceeding .124 more than twice
over a three year period at any one monitoring station.
Contingency Plan
Despite the best efforts to demonstrate continued compliance with
the NAAQS, the ambient ozone concentrations may exceed or violate the
NAAQS. Therefore, as required by section 175A of the Act, Wisconsin has
provided contingency measures to promptly correct a future ozone air
quality problem. For the years 2003 through 2007, Wisconsin has
identified the following contingency measures: the NOX SIP
Call (upwind reductions in Illinois and Indiana); Federal non-road
engine standards; BP Amoco Agreed Order (Indiana); Wisconsin rule NR
428 NOX reductions; Tier 2 vehicle standards and low sulfur
fuel; heavy duty diesel standards and low sulfur diesel fuel; and
volatile organic liquid storage (Indiana). These measures are adopted
and will be implemented over this time period. From 2008 through 2013,
a violation of the standard will trigger the following: within 6 months
Wisconsin will complete an analysis to determine appropriate VOC and/or
NOX control levels and locations to address the cause of the
violation, including recommended control measures; Wisconsin will adopt
selected contingent maintenance measures within 18 months; and the
state commits to as short an implementation time-frame as would be
appropriate based on the type of control adopted. Implementation
schedules specific to each control measure are set forth in the State's
submission. Potential contingency measures contained in the plan for
this time period include the following: Reinstatement of requirements
for offsets and/or LAER; application of RACT to smaller existing
sources; tightening of RACT for existing sources; expanded geographic
coverage of current point source measures; additional NOX
controls; transportation control measures, including, but not limited
to, area-wide rideshare programs, telecommuting, transit improvements,
and traffic flow improvements; high-enhanced I/M (OBDII); California
Engine Standards; California Architectural Industrial Maintenance rule;
California Commercial and Consumer Products; broader geographic
applicability of existing area source measures; and California Off-road
Engine Standards.
Commitment To Submit Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the Act, the State has
committed to submit a revised maintenance SIP eight years after the
areas are redesignated to attainment (see page 4-2 of Wisconsin's
submittal). Such revised SIP will provide for maintenance for an
additional 10 years.
B. 1999 Periodic Emissions Inventory for the Milwaukee-Racine Area
In accordance with requirements of the Act, the Milwaukee-Racine
area was designated as an ozone nonattainment area on November 6, 1991
(56 FR 56850). At that time, the area, which includes the counties of
Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha, was
classified as a severe ozone nonattainment area. Section 182(a)(3)(A)
of the Act requires the State to submit an updated emissions inventory
for the area every three years following the base year emissions
inventory required by section 182(a)(1). The base year for the
emissions inventory was 1990. The 1999 inventory submitted with the
redesignation request for Manitowoc and Door Counties includes the
Milwaukee-Racine area and addresses the need for the state to submit a
1999 inventory under section 182(a)(3)(A).
Wisconsin developed the inventory using the following methodology.
For the point source sector, the State used reported point source
emissions, EPA's Acid Rain Program point source emissions, and approved
EPA techniques for emission calculation. Area source emission estimates
were calculated using county-level estimates of population, gasoline
consumption, employment or other related commercial/institutional,
industrial and residential surrogates. For the appropriate categories,
to avoid double counting, point source employment was subtracted from
the county level employment prior to multiplication with emission
factors. Emission factors were derived from local or national surveys
or EPA procedural guidance for the development of emission inventories.
Whenever feasible, Federal, state and local controls were factored into
the emission calculations. For the non-road sector, most of the
emissions inventory from EPA's Non-Road Engines and Vehicles Study was
grown and controlled from 1990 using growth factors derived from
projected equipment populations and control factors based on the
Federal non-road engine standards. Aircraft emissions were estimated
using the Federal Aviation Administration's Emissions and Dispersion
Modeling System. Commercial marine emissions were estimated using the
same methods detailed in Wisconsin's approved 1990 Base Year Inventory
Document Report. Locomotive emissions were estimated using railroad
length, frequency of travel and fuel consumed. Highway mobile sector
emissions were calculated using the MOBILE6 model and estimated summer
weekday 1999 VMT. The inventory methodology is consistent with EPA
guidance.
II. What Action Is EPA Taking?
The EPA is making a determination that Manitowoc and Door Counties
in Wisconsin have attained the one-hour ozone NAAQS, based on 1999-2002
air quality monitoring data. We are approving the ozone maintenance
plan for Door and Manitowoc Counties and the corresponding
transportation conformity budgets as a SIP revision meeting the
requirements of section 175A. In addition, we are approving the
redesignation request for Door and Manitowoc Counties because the State
has demonstrated compliance with the requirements of section
107(d)(3)(E) of the Act. We are also approving the 1999 inventory
submitted as meeting the periodic emissions inventory requirement of
section 182(a)(3)(A).
III. Is This Action Final, or May I Submit Comments?
EPA is publishing this action without prior proposal, because EPA
views this as a noncontroversial revision and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, EPA is proposing to approve the SIP revision. Should EPA
receive adverse written comments by May 19, 2003, we will withdraw this
direct final and respond to any comments in a final action. If EPA does
not receive adverse comments, this action will be effective
[[Page 18889]]
without further notice. Any parties interested in commenting on this
action should do so at this time. If we do not receive comments, this
action will be effective on June 16, 2003.
IV. What Statutory and Executive Order Reviews Did EPA Conduct?
Under Executive Order 12866, ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993), this action is not a ``significant
regulatory action'' and therefore is not subject to review by the
Office of Management and Budget. For this reason, this action is also
not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This action merely approves state law as meeting
federal requirements and imposes no additional requirements beyond
those imposed by state law. Accordingly, the Administrator certifies
that this rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate nor does it significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the federal government and Indian tribes, or
on the distribution of power and responsibilities between the federal
government and Indian tribes, as specified by Executive Order 13175,
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000). This action also does not have federalism
implications because it will not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
``Federalism'' (64 FR 43255, August 10, 1999). This action merely
approves a state rule implementing a federal standard, and does not
alter the relationship or the distribution of power and
responsibilities established in the Act. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not a significant regulatory action under Executive Order 12866.
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTA), 15 U.S.C. 272, requires federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impracticable. In
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Absent a prior
existing requirement for the state to use voluntary consensus
standards, EPA has no authority to disapprove a SIP submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a SIP submission that otherwise satisfies the provisions of the Act.
Therefore, the requirements of section 12(d) of the NTTA do not apply.
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order, and has determined that the rule's
requirements do not constitute a taking. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 16, 2003. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: April 3, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart YY--Wisconsin
0
2. Section 52.2585 is amended by adding paragraphs (q) and (r) to read
as follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(q) Approval--On January 28, 2003, the Wisconsin Department of
Natural Resources submitted a request to redesignate Manitowoc and Door
Counties to attainment. Additional information was submitted on
February 5, 2003 and February 27, 2003. As part of the redesignation
request, the State submitted a maintenance plan as required by section
175A of the Clean Air Act, as amended in 1990. Elements of the section
175 maintenance plan include a contingency plan and an obligation to
submit a subsequent maintenance plan revision in 8 years as required by
the Clean Air Act. The 2013 motor vehicle emission budgets for Door
County are 0.74 tons of volatile organic compounds (VOC) per day and
1.17 tons of oxides of nitrogen (NOX) per day. The 2013
motor vehicle emission budgets for Manitowoc County are 1.89 tons of
VOC per day and 3.59 tons of NOX per day.
[[Page 18890]]
(r) Approval--On January 28, 2003, the Wisconsin Department of
Natural Resources submitted a 1999 periodic emissions inventory for the
Milwaukee-Racine area. Additional information was submitted on February
5, 2003 and February 27, 2003. The inventory meets the requirement of
section 182(2)(3)(A) of the Clean Air Act as amended in 1990.
0
Part 81, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.350 is amended by revising the attainment status
designation table entries for the Door County and Manitowoc County
areas for ozone to read as follows:
Sec. 81.350 Wisconsin.
* * * * *
Wisconsin--Ozone (1-Hour Standard)
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Door County Area:
Door County..................... 6/16/03 Attainment.
* * * * * * *
Manitowoc County Area:
Manitowoc County................ 6/16/03 Attainment.
* * * * * * *
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\1\ This date is October 18, 2000, unless otherwise noted.
[FR Doc. 03-9347 Filed 4-16-03; 8:45 am]
BILLING CODE 6560-50-P