
[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3701-3703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02057]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0212; FRL-9989-23-Region 5]


Air Plan Approval; Wisconsin; Reasonable Further Progress Plan 
and Other Plan Elements for the Moderate Nonattainment Chicago Area for 
the 2008 Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of a revision to the Wisconsin State Implementation Plan (SIP) 
to meet the base year emissions inventory, reasonable further progress 
(RFP), RFP contingency measure, nitrogen oxides (NOX) 
reasonably available control technology (RACT), and motor vehicle 
inspection and maintenance (I/M) requirements of the Clean Air Act 
(CAA) for the Wisconsin portion of the Chicago-Naperville, Illinois-
Indiana-Wisconsin nonattainment area (Chicago area) for the 2008 ozone 
National Ambient Air Quality Standards (NAAQS or standards). EPA is 
also finalizing approval of the 2017 and 2018 transportation conformity 
motor vehicle emissions budgets (MVEBs) for the Wisconsin portion of 
the Chicago area for the 2008 ozone NAAQS. EPA proposed approval of 
these attainment planning elements on August 16, 2018,

[[Page 3702]]

and received no adverse comments germane to this action. Therefore, EPA 
is finalizing approval of this SIP revision pursuant to section 110 and 
part D of the CAA and EPA's regulations because it satisfies the 
emission inventory, RFP, RFP contingency measure, NOX RACT, 
I/M, and transportation conformity requirements for the Wisconsin 
portion of the Chicago area, which is classified as moderate 
nonattainment for the 2008 ozone NAAQS.

DATES: This final rule is effective on March 15, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0212. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays. We recommend 
that you telephone Jenny Liljegren, Physical Scientist, at (312) 886-
6832 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6832, 
Liljegren.Jennifer@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 action is EPA taking?
III. Statutory and Executive Order Reviews

I. What is the background for this action?

A. Background on the 2008 Ozone NAAQS

    On March 27, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm).\1\ Promulgation of a revised NAAQS 
triggers a requirement for EPA to designate areas of the country as 
nonattainment, attainment, or unclassifiable for the standards. For the 
ozone NAAQS, this also involves classifying any nonattainment areas at 
the time of designation.\2\ Ozone nonattainment areas are classified 
based on the severity of their ozone levels (as determined based on the 
area's ``design value,'' which represents air quality in the area for 
the most recent three years). The classifications for ozone 
nonattainment areas are marginal, moderate, serious, severe, and 
extreme.\3\
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    \1\ 73 FR 16436.
    \2\ CAA sections 107(d)(1) and 181(a)(1).
    \3\ CAA section 181(a)(1).
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    Areas that EPA designates nonattainment for the ozone NAAQS are 
subject to certain requirements, including the general nonattainment 
area planning requirements of CAA section 172 and the ozone-specific 
nonattainment planning requirements of CAA section 182. Ozone 
nonattainment areas in the lower classification levels have fewer and/
or less stringent mandatory air quality planning and control 
requirements than those in higher classifications. For marginal areas, 
a state is required to submit a baseline emissions inventory, adopt 
provisions into the SIP requiring emissions statements from stationary 
sources in the area, and implement a nonattainment new source review 
(NSR) program for the relevant ozone NAAQS.\4\ For moderate areas, a 
state needs to comply with the marginal area requirements, plus 
additional moderate area requirements, including the requirement to 
submit a modeled demonstration that the area will attain the NAAQS as 
expeditiously as practicable but no later than six years after 
designation, the requirement to submit an RFP plan, the requirement to 
adopt and implement certain emissions controls, such as RACT and I/M, 
and the requirement for greater emissions offsets for new or modified 
major stationary sources under the state's nonattainment NSR 
program.\5\
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    \4\ CAA section 182(a).
    \5\ CAA section 182(b).
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B. Background on the Chicago 2008 Ozone Nonattainment Area

    On June 11, 2012,\6\ EPA designated the Chicago area as a marginal 
nonattainment area for the 2008 ozone NAAQS. The Chicago area includes 
Cook, DuPage, Kane, Lake, McHenry, and Will Counties and part of Grundy 
and Kendall Counties in Illinois; Lake and Porter Counties in Indiana; 
and the eastern portion of Kenosha County in Wisconsin. On May 4, 
2016,\7\ pursuant to section 181(b)(2) of the CAA, EPA determined that 
the Chicago area failed to attain the 2008 ozone NAAQS by the July 20, 
2015, marginal area attainment deadline and thus reclassified the area 
from marginal to moderate nonattainment. In that action, EPA 
established January 1, 2017, as the due date for all moderate area 
nonattainment plan SIP requirements applicable to newly reclassified 
areas.
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    \6\ 77 FR 34221, effective July 20, 2012.
    \7\ 81 FR 26697.
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II. What action is EPA taking?

    As explained in the proposed rulemaking,\8\ EPA is approving 
revisions to Wisconsin's SIP pursuant to section 110 and part D of the 
CAA and EPA's regulations. Wisconsin's April 17, 2017, submission and 
January 23, 2018, supplement along with a prior submission made on 
August 15, 2016, satisfy the emission inventory, RFP, RFP contingency 
measure, NOX RACT, emissions statement, I/M, and 
transportation conformity requirements for the Wisconsin portion of the 
Chicago area for the 2008 ozone NAAQS.
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    \8\ 83 FR 40715 (August 16, 2018).
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III. Statutory and Executive Order Reviews

    Under the 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);
     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

[[Page 3703]]

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);
     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 15, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Dated: December 20, 2018.
James O. Payne,
Acting Deputy 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 52.2585 is amended by adding paragraph (ff) to read as 
follows:


Sec.  52.2585   Control strategy: Ozone.

* * * * *
    (ff) Approval--On April 17, 2017, as supplemented on January 23, 
2018, Wisconsin submitted a revision to its State Implementation Plan 
along with a prior submission on August 15, 2016, to satisfy the 
emissions statement, emission inventory, reasonable further progress 
(RFP), RFP contingency measure, oxides of nitrogen (NOX) 
reasonably available control technology (RACT), motor vehicle 
inspection and maintenance (I/M), and transportation conformity 
requirements for the Wisconsin portion of the Chicago area for the 2008 
ozone NAAQS moderate nonattainment plan. These elements of the plan 
meet the requirements of section 110 and part D of the CAA for the 
Wisconsin portion of the Chicago area, which was reclassified on May 4, 
2016, as moderate nonattainment for the 2008 ozone NAAQS. The April 17, 
2017, submittal as supplemented on January 23, 2018, also established 
new Motor Vehicle Emissions Budgets (MVEB) for volatile organic 
compounds (VOC) and NOX for the years 2017 and 2018. The 
MVEBs for the Wisconsin portion of the Chicago 2008 ozone NAAQS 
nonattainment area, which is the portion of Kenosha County inclusive 
and east of Interstate 94, are now: 1.56 tons per summer day of VOC 
emissions and 3.05 tons per summer day of NOX emissions for 
the year 2017, and 1.44 tons per summer day of VOC emissions and 2.75 
tons per summer day of NOX emissions for the year 2018.

[FR Doc. 2019-02057 Filed 2-12-19; 8:45 am]
 BILLING CODE 6560-50-P


