
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Rules and Regulations]
[Pages 8654-8656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03498]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0848; FRL-9942-56-Region 5]


Air Plan Approval; Wisconsin; Revision to the Milwaukee-Racine-
Waukesha 2006 24-Hour Particulate Matter Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Wisconsin's December 23, 2015, state implementation plan (SIP) revision 
to the Milwaukee-Racine-Waukesha (Milwaukee), Wisconsin 2006 24-Hour 
Particulate Matter (PM2.5) maintenance plan. This SIP 
revision establishes new Motor Vehicle Emissions Budgets (MVEB) for 
Volatile Organic Compounds (VOC) for the years 2020 and 2025. The MVEBs 
for Oxides of Nitrogen (NOX), Sulfur Dioxide 
(SO2), and PM2.5 will remain the same. EPA is 
approving the allocation of a portion of the safety margin for VOC in 
the PM2.5 maintenance plan to the 2020 and 2025 MVEBs. The 
2020 and 2025 total year emissions of VOC for the area will remain 
below the attainment level required by the transportation conformity 
regulations.

DATES: This direct final rule will be effective April 22, 2016, unless 
EPA receives adverse comments by March 23, 2016. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0848 at http://www.regulations.gov or via email to 
blakley.pamela@epa.gov. 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 on 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: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, leslie.michael@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is the background for this action?
II. What is a ``safety margin''?
III. How does this action change the Milwaukee area's 2006 24-hour 
PM2.5 maintenance plan?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    On April 22, 2014 (79 FR 22415), EPA approved a request from the 
State of Wisconsin to redesignate the Milwaukee area for the 2006 24-
hour PM2.5 national ambient air quality standard (NAAQS). In 
addition to approving the PM2.5 redesignation request, EPA 
approved the State's plan for maintaining the 2006 24-hour 
PM2.5 NAAQS in Milwaukee through 2025. The PM2.5 
maintenance plan established MVEBs for PM2.5, 
SO2, VOC and NOX for 2020 and 2025 to account for 
new transportation planning assumptions.
    MVEBs are the projected levels of controlled emissions from the 
transportation sector (mobile sources) that are estimated in the SIP to 
provide for maintenance of the ozone standard. The transportation 
conformity rule allows the MVEB to be changed as long as the total 
level of emissions from all sources remains below the attainment 
levels.

II. What is a ``safety margin''?

    A ``safety margin'', as defined in the transportation conformity 
rule (40 CFR part 93 subpart A), is the amount by which the total 
projected emissions from all sources of a given pollutant are less than 
the total emissions that would satisfy the applicable requirement for 
reasonable further progress, attainment, or maintenance. The attainment 
level of emissions is the level of emissions during the year in which 
the area met the NAAQS. Table 1 gives detailed information on the 
safety margin for the VOC portion of the Milwaukee's 2006 24-Hour 
PM2.5 maintenance plan. Table 1 includes a comparison of the 
VOC emissions in the 2010 (Wisconsin's attainment year), to the 
projected emissions of VOC in 2020 and 2025. The difference between the 
projected emissions in years 2020 and 2025 and the actual emissions in 
2010 is referred to as the safety margin or the amount of excess 
emission reductions.

[[Page 8655]]



                 Table 1--VOC Safety Margin for Milwaukee's 2006 24-Hour PM2.5 Maintenance Plan
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                                                                                     Projected
                                                                    Attainment      maintenance    Safety margin
                              Year                                year emissions     emissions      (tons/day)
                                                                    (tons/day)      (tons/day)
----------------------------------------------------------------------------------------------------------------
2010............................................................          127.40  ..............  ..............
2020............................................................  ..............          105.81           21.59
2025............................................................  ..............          106.70           20.70
----------------------------------------------------------------------------------------------------------------

Wisconsin has requested the VOC allocation of 2.384 tons/day for 2020 
and 1.798 tons/day for 2025 from the safety margins to the MVEBs. The 
revised maintenance plan will have VOC safety margins of 19.21 tons/day 
for 2020 and 18.90 tons/day for 2025. The 2020 and 2025 projected VOC 
emissions, even with this allocation, will be below the 2010 attainment 
year emissions. For this reason, EPA finds that the allocation of the 
safety margin to the 2020 and 2025 VOC MVEBs for Milwaukee's 2006 24-
Hour PM2.5 maintenance plan meets the requirements of the 
transportation conformity regulations at 40 CFR part 93, and is 
approvable.

III. How does this action change the Milwaukee area's 2006 24-hour 
PM2.5 maintenance plan?

    This action changes the VOC MVEBs for mobile sources. The 
maintenance plan is designed to provide for future growth while still 
maintaining the 2006 24-Hour PM2.5 NAAQS. Growth in 
industries, population, and traffic is offset by reductions from 
cleaner cars and other emission reduction programs. Through the 
maintenance plan, the state and local agencies can manage and maintain 
clean air quality while providing for growth.
    In the submittal, Wisconsin requested to allocate a portion of the 
safely margins for VOC to the 2020 and 2025 MVEBs. Table 2 details the 
updated MVEBs for the 2006 24-Hour PM2.5 maintenance plan 
for the Milwaukee area. Table 2 shows the 2020 and 2025 VOC MVEBs 
(approved by EPA on April 22, 2014), the amount of excess emission 
reductions or safety margin to be allocated into the new MVEBs, and the 
new 2020 and 2025 MVEBs for VOC.

                          Table 2--Milwaukee 2006 24-Hour PM2.5 Maintenance Plan MVEBs
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                                                                                   Safety margin
                              Year                                Approved MVEBs    allocation       New MVEBs
                                                                    (tons/day)      (tons/day)      (tons/day)
----------------------------------------------------------------------------------------------------------------
2020............................................................          15.890           2.384          18.274
2025............................................................          11.980           1.798          13.778
----------------------------------------------------------------------------------------------------------------

IV. What action is EPA taking?

    EPA is approving a revision to the Milwaukee 2006 24-Hour 
PM2.5 maintenance plan. The revision will change the VOC 
MVEBs for 2020 and 2025 that are used for transportation conformity 
purposes. The revision will keep the total emissions for the area at or 
below the attainment level required by law. This action will allow the 
state or local agencies to continue to maintain air quality while 
providing for transportation growth.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective April 22, 2016 
without further notice unless we receive relevant adverse written 
comments by March 23, 2016. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective April 
22, 2016.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the CAA 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     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);
     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 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);

[[Page 8656]]

     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, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 22, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Incorporation by 
reference, Particulate matter, Volatile organic compounds.

    Dated: February 5, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. Section 52.2584 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.2584  Control strategy; Particulate matter.

* * * * *
    (f) Approval--On December 23, 2015, the State of Wisconsin 
submitted a revision to its State Implementation Plan for the 
Milwaukee-Racine-Waukesha (Milwaukee), Wisconsin 2006 24-Hour 
Particulate Matter Maintenance Plan. The submittal established new 
Motor Vehicle Emissions Budgets (MVEB) for Volatile Organic Compounds 
(VOC) for the years 2020 and 2025. The VOC MVEBs for the Milwaukee area 
are now: 18.274 tons per day for 2020 and 13.778 tons per day for the 
year 2025.

[FR Doc. 2016-03498 Filed 2-19-16; 8:45 am]
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