[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Proposed Rules]
[Pages 23274-23287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08403]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2019-0557; FRL-10008-33-Region 5]


Air Plan Approval; Wisconsin; Redesignation of the Inland 
Sheboygan, WI Area to Attainment of the 2008 Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to find 
that the Inland Sheboygan County, Wisconsin area is attaining the 2008 
primary and secondary ozone National Ambient Air Quality Standards 
(NAAQS), and to act in accordance with a request from the Wisconsin 
Department of Natural Resources (WDNR) to redesignate the area to 
attainment for the 2008 ozone NAAQS because the request meets the 
statutory requirements for redesignation under the Clean Air Act (CAA). 
WDNR submitted this request on October 9, 2019. EPA is proposing to 
approve, as a revision to the Wisconsin State Implementation Plan 
(SIP), the State's plan for maintaining the 2008 ozone NAAQS through 
2030 in the Inland Sheboygan area. EPA finds adequate and is proposing 
to approve Wisconsin's 2020 and 2030 volatile organic compound (VOC) 
and oxides of nitrogen (NOX) Motor Vehicle Emission Budgets 
(MVEBs) for the Inland Sheboygan area. Finally, EPA is proposing to 
approve the Wisconsin SIP as meeting the applicable base year inventory 
requirement, emission statement requirements, VOC Reasonably Available 
Control Technology (RACT) requirements, motor vehicle inspection and 
maintenance (I/M) program requirements, and NOX RACT 
requirements.

DATES: Comments must be received on or before May 27, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0557 at http://www.regulations.gov, or via email to 
aburano.douglas@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 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: Eric Svingen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4489, 
svingen.eric@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 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 for 
the 2008 ozone NAAQS?
V. Has the state adopted approvable motor vehicle emission budgets?
VI. Base year emissions inventory.
VII. Emissions statement.
VIII. Motor vehicle I/M.
IX. VOC RACT.
X. NOX RACT.
XI. What is EPA's analysis of Wisconsin's redesignation request for 
the 1997 ozone NAAQS?
XII. What Action is EPA Taking?
XIII. 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 Inland Sheboygan nonattainment area is attaining 
the 2008 ozone NAAQS, based on quality-assured and certified monitoring 
data for 2017-2019, and that the Inland Sheboygan area has met the 
requirements for

[[Page 23275]]

redesignation under section 107(d)(3)(E) of the CAA. EPA is thus 
proposing to change the legal designation of the Inland Sheboygan area 
from nonattainment to attainment for the 2008 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 Inland Sheboygan area in attainment of the 2008 
ozone NAAQS through 2030. EPA is also proposing to approve, as 
revisions to the Wisconsin SIP, the State's 2011 base year emissions 
inventory, emission statement certification, VOC RACT requirements, 
motor vehicle I/M certification, and NOX RACT certification. 
EPA also finds adequate and is proposing to approve the newly 
established 2020 and 2030 MVEBs for the Inland Sheboygan area.

II. What is the background for these actions?

    EPA has determined that ground-level ozone is detrimental to human 
health. On July 18, 1997, EPA revised the former 1-hour ozone primary 
and secondary standards and replaced them with 8-hour standards at a 
level of 0.08 parts per million (ppm) (40 CFR 50.10). On March 27, 
2008, EPA further revised the 8-hour ozone NAAQS by lowering the level 
of the primary and secondary standards from 0.08 ppm to 0.075 ppm (40 
CFR 50.15).
    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. On April 30, 2004 (69 FR 23858) 
and May 21, 2012 (77 FR 30088), EPA designated the entirety of 
Sheboygan County in Wisconsin as nonattainment for the 1997 ozone NAAQS 
and 2008 ozone NAAQS, respectively.
    On March 1, 2011, EPA determined that the Sheboygan nonattainment 
area had attained the 1997 ozone NAAQS (76 FR 11080). Since that 
determination, the area has continued to attain the 1997 ozone NAAQS, 
and the area retains its Moderate classification. On December 19, 2016, 
EPA reclassified the Sheboygan nonattainment area for the 2008 ozone 
NAAQS as Moderate with an attainment date of July 20, 2018 (81 FR 
91841).
    On July 15, 2019, EPA revised the designation for the Sheboygan 
nonattainment area for the 1997 ozone NAAQS and 2008 ozone NAAQS, by 
splitting the original area into two distinct nonattainment areas that 
together cover the identical geographic area of the original 
nonattainment area (84 FR 33699).\1\ One of the separate areas, called 
the Shoreline Sheboygan County, WI nonattainment area, consists of the 
eastern portion of the original area, including the Sheboygan Kohler-
Andrae monitor. The other separate area, called the Inland Sheboygan 
County, WI nonattainment area, consists of the western portion of the 
original area, including the Sheboygan Haven monitor. On August 23, 
2019, EPA determined that the Inland Sheboygan area and Shoreline 
Sheboygan area qualified for one-year attainment date extensions for 
the 2008 ozone NAAQS to July 20, 2019 (84 FR 44238).
---------------------------------------------------------------------------

    \1\ In this proposed rule, EPA is not reopening for public 
comment our final July 15, 2019, action to split the original 
Sheboygan nonattainment area into two distinct nonattainment areas.
---------------------------------------------------------------------------

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 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 for the 
2008 ozone NAAQS?

A. Has the Inland Sheboygan area attained the 2008 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 2008 
ozone NAAQS as determined in accordance with 40 CFR 50.15 and appendix 
P 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 0.075 ppm. The air quality data must be 
collected and quality-assured in

[[Page 23276]]

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 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 2.3 of appendix P to 40 CFR part 50.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    EPA has reviewed the available ozone monitoring data from the 
Sheboygan Haven monitor, which is the only monitoring site in the 
Inland Sheboygan area. These data are from the 3-year period from 2017-
2019, which is the most recent 3-year period available. These data have 
been quality assured, are recorded in the AQS, and have been certified. 
These data demonstrate that the Inland Sheboygan area is attaining the 
2008 ozone NAAQS. The annual fourth-highest 8-hour ozone concentrations 
and the 3-year average of these concentrations (monitoring site ozone 
design value) for the monitoring site are summarized in Table 1.

   Table 1--Annual Fourth-Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the Fourth-
                 Highest Daily Maximum 8-Hour Ozone Concentrations for the Inland Sheboygan Area
----------------------------------------------------------------------------------------------------------------
                                                                      Percent     Fourth-highest     2017-2019
             Area                    Monitor           Year          observed          (ppm)       average (ppm)
----------------------------------------------------------------------------------------------------------------
Inland Sheboygan County, WI...  Sheboygan Haven             2017             100           0.070           0.066
                                 (55-117-0009).
                                                            2018             100           0.070
                                                            2019             100           0.059
----------------------------------------------------------------------------------------------------------------

    The Inland Sheboygan area's 3-year ozone design value for 2017-2019 
is 0.066 ppm, which meets the 2008 ozone NAAQS. Therefore, in this 
action, EPA proposes to determine that the Inland Sheboygan area is 
attaining the 2008 ozone NAAQS.
    EPA will not take final action to determine that the Inland 
Sheboygan area is attaining the NAAQS nor to approve the redesignation 
of this area if the design value of a monitoring site in the area 
violates the NAAQS after proposal but prior to final approval of the 
redesignation. Preliminary 2020 data to date indicate that this area 
continues to attain the 2008 ozone NAAQS. As discussed in section 
IV.D.3. below, WDNR has committed to continue monitoring ozone in this 
area to verify maintenance of the 2008 ozone NAAQS.

B. Has Wisconsin met all applicable requirements of section 110 and 
part D of the CAA for the Inland Sheboygan 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). We are proposing to determine 
that Wisconsin has met all currently applicable SIP requirements for 
purposes of redesignation of the Inland Sheboygan area to attainment of 
the 2008 ozone standard under section 110 and part D of the CAA, in 
accordance with section 107(d)(3)(E)(v). Additionally, with the 
exception of the base year emissions inventory requirement of section 
182(a)(1) of the CAA, the emissions statement requirement of section 
182(a)(3)(B) of the CAA, the VOC RACT requirements of section 182(b)(2) 
of the CAA, the I/M requirements of section 182(b)(4) of the CAA, and 
the NOX RACT requirements of section 182(f) of the CAA, EPA 
finds that all applicable requirements of the Wisconsin SIP for the 
area, for purposes of redesignation, have been fully approved under 
section 110(k) of the CAA. As discussed in sections VI. through X. 
below, EPA is proposing to approve Wisconsin's base year emissions 
inventory, emissions statement, motor vehicle I/M, VOC RACT, and 
NOX RACT SIP submissions as meeting the Moderate RACT 
requirements of section 182(b)(2) of the CAA for the Inland Sheboygan 
area under the 2008 ozone NAAQS. Upon final approval of these SIP 
elements, all applicable requirements of the Wisconsin SIP for the area 
will have been fully approved under section 110(k) of the CAA.
    In making these determinations, EPA ascertained which CAA 
requirements are applicable to the Inland Sheboygan 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 September 4, 1992 Calcagni memorandum (see ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) 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).
    Since EPA is proposing to determine that the Inland Sheboygan area 
has attained the 2008 ozone standard, under 40 CFR 51.1118, if that 
determination is finalized, the requirements to submit certain planning 
SIPs related to attainment, including attainment demonstration 
requirements (the

[[Page 23277]]

Reasonably Available Control Measures (RACM) requirement of section 
172(c)(1) of the CAA, the Reasonable Further Progress (RFP) and 
attainment demonstration requirements of sections 172(c)(2) and (6) and 
182(b)(1) of the CAA, and the requirement for contingency measures of 
section 172(c)(9) of the CAA) would not be applicable to the area as 
long as it continues to attain the NAAQS and would cease to apply upon 
redesignation. In addition, in the context of redesignations, EPA has 
interpreted requirements related to attainment as not applicable for 
purposes of redesignation. For example, in the General Preamble EPA 
stated that:
    The section 172(c)(9) requirements are directed at ensuring RFP and 
attainment by the applicable date. These requirements no longer apply 
when an area has attained the standard and is eligible for 
redesignation. Furthermore, section 175A for maintenance plans provides 
specific requirements for contingency measures that effectively 
supersede the requirements of section 172(c)(9) for these areas. 
``General Preamble for the Interpretation of Title I of the Clean Air 
Act Amendments of 1990,'' (General Preamble) 57 FR 13498, 13564 (April 
16, 1992).
    See also Calcagni memorandum at 6 (``The requirements for 
reasonable further progress and other measures needed for attainment 
will not apply for redesignations because they only have meaning for 
areas not attaining the standard.'').
1. Wisconsin Has Met All Applicable Requirements of Section 110 and 
Part D of the CAA Applicable to the Inland Sheboygan Area for Purposes 
of Redesignation
a. Section 110 General Requirements for Implementation Plans
    Section 110(a)(2) of the CAA delineates 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., the NOX SIP call, the Clean 
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 2008 
ozone NAAQS. The section 110 and part D requirements that 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 have 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\
---------------------------------------------------------------------------

    \3\ EPA has previously approved provisions of the Wisconsin SIP 
addressing section 110 elements under the 2008 ozone NAAQS at 80 FR 
54725 (September 11, 2015), 81 FR 3334 (January 21, 2016), 81 FR 
53309 (August 12, 2016), and 82 FR 9515 (February 7, 2017).
---------------------------------------------------------------------------

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 Inland Sheboygan area was initially classified as Marginal and 
then reclassified as Moderate under subpart 2 for the 2008 ozone NAAQS. 
As such, 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 sections 182(a) and (b) (Marginal 
and Moderate 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.
    Section 172(c)(1) requires the plans for all nonattainment areas to 
provide for the implementation of all RACM as expeditiously as 
practicable and to provide for attainment of the primary NAAQS. Under 
this requirement, a state must consider all available control measures, 
including reductions that are available from adopting RACT on existing 
sources. Because attainment has been reached in the Inland Sheboygan 
area, no additional measures are needed to provide for attainment and 
section 172(c)(1) requirements are no longer considered to be 
applicable, as long as the area continues to attain the standard until 
redesignation. See 40 CFR 51.1118.

[[Page 23278]]

    The RFP requirement under section 172(c)(2) is defined as progress 
that must be made toward attainment. Because attainment has been 
reached, no additional measures are needed to provide for attainment.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. This 
requirement is superseded by the inventory requirement in section 
182(a)(1) discussed below.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources in an 
area, and section 172(c)(5) requires source permits for the 
construction and operation of new and modified major stationary sources 
anywhere in the nonattainment area. EPA approved Wisconsin's NSR 
program on October 6, 2014 (79 FR 160064) and February 7, 2017 (82 FR 
9515). However, EPA has determined that, since PSD requirements will 
apply after redesignation, areas being redesignated need not comply 
with the requirement that a 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 Inland Sheboygan area 
will be able to maintain the standard 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 Inland Sheboygan area upon redesignation 
to attainment. EPA approved Wisconsin's PSD program on January 22, 2003 
(68 FR 2909) and February 25, 2010 (75 FR 8496).
    Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the NAAQS. Because attainment 
has been reached, no additional measures are needed to provide for 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, we believe the 
Wisconsin SIP meets the requirements of section 110(a)(2) for purposes 
of redesignation.
    Section 172(c)(9) requires the SIP to provide for the 
implementation of contingency measures if the area fails to make 
reasonably further progress or to attain the NAAQS by the attainment 
deadline. With respect to contingency measures for failure to attain 
the NAAQS by the attainment deadline, this requirement is not relevant 
for purposes of redesignation because the Inland Sheboygan area has 
demonstrated monitored attainment of the 2008 ozone NAAQS. (General 
Preamble, 57 FR 13564). See also 40 CFR 51.1118.
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 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.\4\ 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 Inland Sheboygan area. See 79 FR 10995 
(February 27, 2014).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

iii. Subpart 2 Section 182(a) and (b) Requirements
    Section 182(a)(1) requires states to submit a comprehensive, 
accurate, and current inventory of actual emissions from sources of VOC 
and NOX emitted within the boundaries of the ozone 
nonattainment area. EPA approved Wisconsin's base year emissions 
inventory for the entirety of Sheboygan County on March 7, 2016 (81 FR 
11673). In its October 9, 2019 submittal, WDNR requested that EPA 
replace the previously approved 2011 inventory for all of Sheboygan 
County with a 2011 base year emissions inventory for the Inland 
Sheboygan area. This inventory is discussed below in section IV.C.2. 
and VI. of this proposed rule. EPA is proposing to approve the 
inventory for the Inland Sheboygan area for the 2011 nonattainment year 
as meeting the section 182(a)(1) base year inventory requirement.
    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 RACT rules that were required under 
section 172(b)(3) prior to the 1990 CAA amendments. The Inland 
Sheboygan area is not subject to the section 182(a)(2) RACT ``fix up'' 
requirement for the 2008 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 
Inland Sheboygan 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 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 already in the SIP at the time of the CAA 
amendments, whichever is more stringent. For the purposes of the 2008 
ozone standard and the consideration of Wisconsin's redesignation 
request for this standard, the Inland Sheboygan area is not subject to 
the section 182(a)(2)(B) requirement because the area was designated as 
nonattainment for the 2008 ozone standard after the enactment of the 
1990 CAA amendments and because Wisconsin complied with this 
requirement for the Inland Sheboygan

[[Page 23279]]

area under the prior 1-hour ozone NAAQS.
    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. With 
regard to stationary source emission statements, EPA approved 
Wisconsin's emission reporting program as satisfying the CAA emission 
statement requirement on December 6, 1993 (58 FR 64155). In a September 
25, 2017 SIP submittal, WDNR certified that this approved SIP 
regulation remains in place and remain enforceable for the 2008 ozone 
standard. As discussed in section VII., below, EPA is proposing to 
approve Wisconsin's emission statement certification SIP as meeting the 
section 182(a)(3)(B) requirements of the CAA for the Inland Sheboygan 
area for the 2008 ozone NAAQS.
    Section 182(b)(1) requires the submission of an attainment 
demonstration and RFP plan. Because attainment has been reached, 
section 182(b)(1) requirements are no longer considered to be 
applicable, as long as the area continues to attain the standard.
    Section 182(b)(2) requires states with Moderate nonattainment areas 
to implement VOC RACT with respect to each of the following: (1) All 
sources covered by a Control Technology Guideline (CTG) document issued 
between November 15, 1990, and the date of attainment; (2) all sources 
covered by a CTG issued prior to November 15, 1990; and, (3) all other 
major non-CTG stationary sources. For the reasons discussed in section 
IX., below, EPA is proposing to find that the Wisconsin SIP meets the 
section 182(b)(2) Moderate RACT requirements for the Inland Sheboygan 
area under the 2008 ozone NAAQS.
    Section 182(b)(3) requires states to adopt Stage II gasoline vapor 
recovery regulations. On May 16, 2012 (77 FR 28772), EPA determined 
that the use of onboard vapor recovery technology for capturing 
gasoline vapor when gasoline-powered vehicles are refueled is in 
widespread use throughout the highway motor vehicle fleet and waived 
the requirement that current and former ozone nonattainment areas 
implement Stage II vapor recovery systems on gasoline pumps. EPA 
approved a revision to Wisconsin's Stage II program on November 4, 2013 
(78 FR 65875).
    Section 182(b)(4) requires an I/M program in each state with a 
Moderate ozone nonattainment area. EPA approved Wisconsin's I/M program 
on August 16, 2001 (66 FR 42949) and approved revisions to the program 
on September 19, 2013 (78 FR 57501). On September 25, 2017, WDNR 
submitted a SIP certifying that Wisconsin's SIP-approved I/M program 
meets the I/M requirements of the CAA for the Inland Sheboygan area for 
the 2008 ozone NAAQS. As discussed in section VIII., below, EPA is 
proposing to approve Wisconsin's I/M certification SIP as meeting the 
I/M requirements of the CAA for the Inland Sheboygan area for the 2008 
ozone NAAQS.
    Regarding the source permitting and offset requirements of sections 
182(a)(2)(C), 182(a)(4), and 182(b)(5), Wisconsin currently has a 
fully-approved part D NSR program in place. EPA approved Wisconsin's 
NSR SIP on January 18, 1995 (60 FR 3538) and February 7, 2017 (82 FR 
9515). Further, EPA approved Wisconsin's SIP revision addressing the 
NSR requirements for the 2008 ozone NAAQS, on May 3, 2019 (84 FR 
18989). In addition, EPA approved Wisconsin's PSD program on October 6, 
2014 (79 FR 60064). The State's PSD program will become effective in 
the Inland Sheboygan area upon redesignation of the area to attainment.
    Section 182(f) requires states with Moderate nonattainment areas to 
implement NOX RACT. EPA approved Wisconsin's NOX 
RACT SIP on October 19, 2010 (75 FR 64155). On September 25, 2017, WDNR 
submitted a SIP certifying that Wisconsin's SIP-approved NOX 
RACT rules meet the NOX RACT requirements of CAA section 
182(f) for the Inland Sheboygan area for the 2008 ozone NAAQS. As 
discussed in section X., below, EPA is proposing to approve Wisconsin's 
NOX RACT certification SIP as meeting the NOX 
RACT requirements of the CAA for the Inland Sheboygan area for the 2008 
ozone NAAQS.
    Thus, as discussed above, with approval of Wisconsin's section 
182(1)(1) base year inventory requirement, section 182(a)(3)(B) 
emission statement requirements, section 182(b)(2) VOC RACT 
requirements, section 182(b)(4) I/M program requirements, and section 
182(f) NOX RACT requirements, EPA finds that the Inland 
Sheboygan area will satisfy all applicable requirements for purposes of 
redesignation under section 110 and part D of title I of the CAA.
2. The Inland Sheboygan 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, if EPA finalizes approval of 
Wisconsin's section 182(a)(1) base year inventory requirements, section 
182(a)(3)(B) emission statement requirements, section 182(b)(2) VOC 
RACT requirements, section 182(b)(4) I/M program requirements, and 
section 182(f) NOX RACT requirements, EPA will have fully 
approved the Wisconsin SIP for the Inland Sheboygan area under section 
110(k) for all requirements applicable for purposes of redesignation 
under the 2008 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). Additional 
measures may also be approved in conjunction with a redesignation 
action (see 68 FR 25426 (May 12, 2003) and citations therein).

C. Are the air quality improvements in the Inland Sheboygan 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 that the observed ozone air quality 
improvement in the Inland Sheboygan 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 2011 and 2014. The reduction in emissions and the 
corresponding improvement in air quality over this time period can be 
attributed to several regulatory control measures that the Inland 
Sheboygan area and upwind areas have implemented in recent years. In 
addition, Wisconsin provided an analysis to demonstrate the

[[Page 23280]]

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.
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.\5\ Through Federal 
Implementation Plans, 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). The CSAPR Update is 
estimated 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 by 
the attainment years and additional emission reductions will occur 
throughout the maintenance period.
---------------------------------------------------------------------------

    \5\ 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, which were phased in between 2004 and 2006. By 2006, refiners 
and importers 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 on-road emission modeling for the Inland 
Sheboygan area, the majority of these emission reductions occurred by 
the attainment years and additional emission reductions will occur 
throughout the maintenance period, as remaining 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 is being phased in between 2017 and 2025. Tier 3 sets 
new tailpipe standards for non-methane organic gases (NMOG) and 
NOX, presented as NMOG+NOX, and for particulate 
matter. 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 particulate matter (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 previous standards and 
apply to all light-duty and on-road gasoline-powered heavy-duty 
vehicles. Finally, the rule lowered the sulfur content of gasoline to 
an annual average of 10 ppm by January 2017. As projected by these 
estimates and demonstrated in the on-road emission modeling for the 
Inland Sheboygan 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 
on-road 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 
addition, the rule reduced the highway diesel fuel sulfur content to 15 
parts per million 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. EPA 
estimated that by 2015 NOX and VOC emissions would decrease 
nationally by 1,260,000 tons and 54,000 tons, respectively, and that by 
2030 NOX and VOC emissions will decrease nationally by 
2,570,000 tons and 115,000 tons, respectively. As projected by these 
estimates and demonstrated in the on-road emission modeling for the 
Inland

[[Page 23281]]

Sheboygan 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.
    Non-road Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a 
rule adopting emissions standards for non-road diesel engines and 
sulfur reductions in non-road diesel fuel. This rule applies to diesel 
engines used primarily in construction, agricultural, and industrial 
applications. Emission standards were phased in for the 2008 through 
2015 model years based on engine size. The sulfur limits for non-road 
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 non-road diesel engines by 
approximately 90%. As projected by these estimates and demonstrated in 
the non-road emission modeling for the Inland Sheboygan area, some of 
these emission reductions occurred by the attainment years and 
additional emission reductions will occur throughout the maintenance 
period.
    Non-road 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 were 
phased in from model years 2004 through 2012. When fully implemented, 
EPA estimates an overall 72% reduction in national VOC emissions from 
these engines and an 80% reduction in national NOX 
emissions. As projected by these estimates and demonstrated in the non-
road emission modeling for the Inland Sheboygan 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 
apply 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 apply 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 non-road 
emission modeling for the Inland Sheboygan area, some of these emission 
reductions occurred by the attainment years and additional emission 
reductions will occur throughout the maintenance period.
2. Emission Reductions
    Wisconsin is using a 2011 emissions inventory as the nonattainment 
year. Although the Sheboygan Haven monitor in the Inland Sheboygan area 
was not yet operational in 2011, this is appropriate because it was one 
of the years used to designate the area as nonattainment due to an 
exceedance of the NAAQS at the Sheboygan Kohler-Andrae monitor. 
Wisconsin is using 2014 as the attainment year, which is appropriate 
because the Sheboygan Haven monitor in the Inland Sheboygan area began 
operating in 2014, and the monitor attained the NAAQS in the 2014 
attainment year and every year thereafter.
    Point source inventory. Wisconsin created the point source emission 
inventory using annually reported point source emissions, EPA's Clean 
Air Markets Division database, and approved EPA techniques for 
emissions calculation (e.g., emission factors) for 2011 and 2014 point 
source emissions from state inventory databases.
    There is one EGU point source facility located in the Inland 
Sheboygan County area. For this facility, WDNR used the maximum daily 
heat input reported in EPA's Clean Air Markets Division (CAMD) database 
as a conservative estimate of summer day heat input during the 2011 and 
2014 ozone seasons. The summer day emissions were then calculated by 
multiplying the maximum daily heat input by an average NOX 
and VOC emission rate.
    Wisconsin tabulated the 2011 and 2014 emissions inventories for 
non-EGU point sources using the emissions data reported annually by 
each facility operator to the Wisconsin air emissions inventory (AEI). 
The AEI calculates emissions for each individual emissions unit or 
process line by multiplying fuel or process throughput by the 
appropriate emission factor that is derived from mass balance analysis, 
stack testing, continuous emissions monitoring, engineering analysis, 
or EPA's Factor Information Retrieval database. The emission 
calculations in the AEI also account for any operating control 
equipment.
    Nonpoint (area) source inventory. For the 2011 nonattainment year, 
nonpoint source emissions inventory estimates were based on the 2011 
National Emissions Inventory (NEI) version 2, except for the 
residential and commercial portable fuel containers and Stage II 
refueling categories.\6\ Emission calculation methodologies used in 
developing 2011 nonpoint emissions inventory are available in EPA's 
2011 NEI, version 2 TSD.\7\
---------------------------------------------------------------------------

    \6\ For the 2011 nonattainment year, WDNR back-calculated VOC 
emissions for commercial portable fuel containers from WDNR's 2014 
emission estimates and EPA's 2017 emission estimates. For the 2011 
nonattainment year and 2014 attainment year, WDNR estimated 
emissions from vehicle refueling at gasoline stations (Stage II 
refueling) using EPA's MOVES2014a model with the same activity 
inputs used for the on-road modeling.
    \7\ https://www.epa.gov/sites/production/files/2015-10/documents/nei2011v2_tsd_14aug2015.pdf.
---------------------------------------------------------------------------

    For the 2014 attainment year, nonpoint source emissions inventory 
estimates were based on the data interpolation between 2011 NEI version 
2 and EPA's 2017 emissions modeling inventory, except for the Stage II 
refueling category. Methodologies used to develop 2017 emissions 
modeling inventory are available in EPA's 2011 version 6.3 emissions 
modeling platform.\8\
---------------------------------------------------------------------------

    \8\ https://www.epa.gov/air-emissions-modeling/2011-version-63-platform.
---------------------------------------------------------------------------

    In order to obtain the area source emissions for the Inland 
Sheboygan County area, the whole county emission estimates were 
allocated to the partial county based on population data. The Sheboygan 
County population for 2014 was estimated by interpolating the 
population between 2013 and 2015 population data from the Wisconsin 
Department of Administration. The partial county population was 
identified based on the relative population of the Minor Civil 
Divisions in the Inland Sheboygan County area compared with the entire 
county. For 2011 and 2014, 48% of the county's population was estimated 
to live in the Inland Sheboygan County area.
    On-road mobile source inventory. On-road mobile sources are 
motorized mobile equipment that are primarily used on public roadways. 
Examples of on-road mobile sources include cars, trucks, buses and road 
motorcycles. Wisconsin used the Motor Vehicle Emission Simulator 
(MOVES), EPA's recommended mobile source model, to develop on-road 
emissions rates. The version used was MOVES2014b.
    The modeling inputs to MOVES include detailed transportation data 
(e.g., vehicle-miles of travel by vehicle class, road class and hour of 
day, and average speed distributions), which were provided by the 
Wisconsin Department of Transportation.
    Non-road mobile source inventory. The methodology for the 2011 and 
2014 non-road emissions categories were developed using EPA's 
MOVES2014b

[[Page 23282]]

model, using the same summer day temperatures used for the on-road 
modeling. The model was run for Sheboygan County for the months of 
June, July and August. Summer day emissions were calculated by dividing 
the total emissions over these three months by 92 (the number of days 
in the three months). Emissions were then allocated from the full 
county to the Inland Sheboygan area based on surrogates such as 
population, land area and water area, depending on the category.
    For commercial marine, aircraft and rail locomotive (MAR) 
categories, for the 2011 nonattainment year, the annual emissions 
estimates used for Sheboygan County are those in EPA's 2011 NEI version 
2. For the 2014 attainment year, annual emissions estimates for 
Sheboygan County were based on the data interpolation between 2011 NEI 
version 2 and EPA's 2017 emissions modeling inventory.
    Summer day emissions for these MAR categories were estimated by 
dividing the annual emissions by 365. This same value was used in EPA's 
2011 version 6.3 emissions modeling platform. The allocation of the 
full county emissions to the Inland Sheboygan area is based on 
surrogates such as population, land area and water area, depending on 
the MAR category.
    Using the inventories described above, Wisconsin's submittal 
documents changes in VOC and NOX emissions from 2011 to 2014 
for the Inland Sheboygan area. Emissions data are shown in Table 2. 
Data are expressed in terms of tons per summer day (TPSD). Due to 
rounding, some totals may not correspond with the sum of the separate 
categories, and some net change amounts may not correspond with the 
difference of the separate years.

               Table 2--NOX and VOC Emissions in the Inland Sheboygan Area for the 2011 Nonattainment Year and 2014 Attainment Year (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               NOX                                              VOC
                                                        ------------------------------------------------------------------------------------------------
                                                                                            Net change                                      Net change
                                                              2011            2014         (2011-2014)         2011            2014         (2011-2014)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point--EGU.............................................            0.48            0.53           +0.05             0.04            0.04            0.00
Point--non-EGU.........................................            0.82            0.86           +0.04             1.10            1.10            0.00
Area...................................................            0.63            0.63            0.00             2.95            2.96           +0.01
On-road................................................            2.60            1.90           -0.70             1.26            0.90           -0.36
Non-road...............................................            2.10            1.74           -0.36             2.29            1.92           -0.37
                                                        ------------------------------------------------------------------------------------------------
    Total..............................................            6.62            5.66           -0.96             7.65            6.91           -0.74
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 2, NOX and VOC emissions in the Inland 
Sheboygan area declined by 0.96 TPSD and 0.74 TPSD, respectively, 
between 2011 and 2014.
3. Meteorology
    To further support Wisconsin's demonstration that the improvement 
in air quality is due to permanent and enforceable emission reductions 
and not unusually favorable meteorology, an analysis was performed by 
WDNR. Because the Sheboygan Haven monitor in the Inland Sheboygan area 
was not operational until 2014, WDNR lacks long-term meteorological 
data from the Sheboygan Haven site. However, in its February 11, 2020 
request that EPA redesignate the Shoreline Sheboygan area, WDNR 
submitted a meteorological analysis based on 19 years of data collected 
at the Sheboygan Kohler-Andrae monitor, which is approximately 11 miles 
from the Haven monitor. Because data from the Sheboygan Kohler-Andrae 
monitor were used in the initial nonattainment designation of the area, 
and because this is the closest ozone monitor with sufficient data to 
perform a longer term analysis of ozone trends vs. meteorological 
indicators, this analysis is appropriate for purposes of demonstrating 
that the improvement in air quality in the Inland Sheboygan area is due 
to permanent and enforceable emissions reductions rather than favorable 
meteorology.
    In its February 11, 2020 submittal, Wisconsin analyzed the maximum 
fourth-highest 8-hour ozone values for May, June, July, August, and 
September, for years 2001 to 2019. First, the maximum 8-hour ozone 
concentration at the Sheboygan Kohler-Andrae monitor was compared to 
the number of days where the maximum temperature was greater than or 
equal to 80 [deg]F. Second, WDNR examined the relationship between the 
average summer temperature for each year of the 2001-2019 period and 
the fourth-highest 8-hour ozone concentration. These analyses show that 
over the last 19 years, ozone concentrations at the Kohler-Andrae 
monitor have decreased substantially. In contrast, temperatures have 
remained relatively constant, with an increase in the number of hot 
days and a slight decrease in the average season temperature. Because 
the correlation between temperature and ozone formation is well 
established, these data suggest that reductions in precursors are 
responsible for the reductions in ozone concentrations in the area, and 
not unusually favorable summer temperatures.
    As discussed above, Wisconsin identified numerous Federal rules 
that resulted in the reduction of VOC and NOX emissions from 
2011 to 2014. In addition, Wisconsin's analyses of meteorological 
variables associated with ozone formation demonstrate that the 
improvement in air quality in the area between the year violations 
occurred and the year attainment was achieved is not due to unusually 
favorable meteorology. Therefore, EPA finds that Wisconsin has shown 
that the air quality improvements in the Inland Sheboygan area are due 
to permanent and enforceable emissions reductions.

D. Does Wisconsin have a fully approvable ozone maintenance plan for 
the Inland Sheboygan area?

    To redesignate an area from nonattainment 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

[[Page 23283]]

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 emission 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 
Inland Sheboygan area to attainment for the 2008 ozone NAAQS, Wisconsin 
submitted a SIP revision to provide for maintenance of the 2008 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
    As discussed above, the Sheboygan Haven monitor in the Inland 
Sheboygan area has shown attainment of the standard since 2014. 
Wisconsin selected 2014 as the attainment emissions inventory year to 
establish attainment emission levels for VOC and NOX. The 
attainment emissions inventory identifies the levels of emissions in 
the Inland Sheboygan area that are sufficient to attain the 2008 ozone 
NAAQS. The derivation of the attainment year emissions is discussed 
above in section IV.C.2. of this proposed rule. The emissions for the 
2014 attainment year, by source category, are summarized in Table 2 
above.
2. Has the state documented maintenance of the ozone standard in the 
Inland Sheboygan area?
    Wisconsin has demonstrated maintenance of the 2008 ozone NAAQS 
through 2030 by ensuring that current and future emissions of VOC and 
NOX for the Inland Sheboygan area remain at or below 
attainment year emission levels. A maintenance demonstration need not 
be 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 2020 and 
2030 to demonstrate maintenance. 2030 was selected because it is 10 
years after the expected effective date of the redesignation to 
attainment, and 2020 was selected to demonstrate that emissions are not 
expected to spike in the interim between the 2014 attainment year and 
the 2030 final maintenance year. The emissions inventories were 
developed as described below.
    Wisconsin estimated the future year point source emissions by 
applying growth factors to the 2014 attainment year emissions 
inventory, as well as considering new and modified sources. Wisconsin's 
2020 area source emissions were estimated primarily by interpolating 
between EPA's 2017 and 2028 modeling inventories, while 2030 area 
source emissions were estimated primarily by extrapolating EPA's 2023 
and 2028 modeling inventories.
    The 2020 and 2030 projected on-road and non-road emissions, except 
for MAR categories, were developed using the MOVES2014a model, as was 
the case for the 2011 and 2014 emissions. However, for the two MAR 
categories of aircraft and rail locomotive, the 2020 and 2030 emissions 
were calculated by linearly interpolating or extrapolating from the 
2017, 2023 and, where available, 2028 values from EPA's 2011 Emissions 
Modeling Platform, Version 6.3.
    Emissions data for the 2011 nonattainment year, 2014 attainment 
year, 2020 interim year, and 2030 maintenance year are shown in Tables 
3 and 4 below. Data are expressed in terms of TPSD. Due to rounding, 
some totals may not correspond with the sum of the separate categories, 
and some net change amounts may not correspond with the difference of 
the separate years.

 Table 3--NOX Emissions in the Inland Sheboygan Area for the 2011 Nonattainment Year, 2014 Attainment Year, 2020
                                 Interim Year, and 2030 Maintenance Year (TPSD)
----------------------------------------------------------------------------------------------------------------
                                                                                                    Net change
                                       2011            2014            2020            2030         (2014-2030)
----------------------------------------------------------------------------------------------------------------
Point--EGU......................            0.48            0.53            0.62            0.62           +0.09
Point--non-EGU..................            0.82            0.86            0.99            1.06           +0.20
Area............................            0.63            0.63            0.64            0.65           +0.02
On-road.........................            2.60            1.90            1.16            0.54           -1.35
Non-road........................            2.10            1.74            1.22            0.86           -0.89
                                 -------------------------------------------------------------------------------
    Total.......................            6.62            5.66            4.63            3.73           -1.93
----------------------------------------------------------------------------------------------------------------


 Table 4--VOC Emissions in the Inland Sheboygan Area for the 2011 Nonattainment Year, 2014 Attainment Year, 2020
                                 Interim Year, and 2030 Maintenance Year (TPSD)
----------------------------------------------------------------------------------------------------------------
                                                                                                    Net change
                                       2011            2014            2020            2030         (2014-2030)
----------------------------------------------------------------------------------------------------------------
Point--EGU......................            0.04            0.04            0.04            0.04            0.00
Point--non-EGU..................            1.10            1.10            1.26            1.36           +0.26
Area............................            2.95            2.96            2.90            2.83           -0.13
On-road.........................            1.26            0.90            0.65            0.34           -0.56
Non-road........................            2.29            1.92            1.38            1.21           -0.71
                                 -------------------------------------------------------------------------------
    Total.......................            7.65            6.91            6.24            5.78           -1.13
----------------------------------------------------------------------------------------------------------------

    As shown in Tables 3 and 4, NOX and VOC emissions in the 
Inland Sheboygan area are projected to decrease by 1.93 TPSD and 1.13 
TPSD, respectively, between the 2014 attainment year and 2030 
maintenance year. Wisconsin's

[[Page 23284]]

maintenance demonstration for the Inland Sheboygan area shows 
maintenance of the 2008 ozone NAAQS by providing emissions information 
to support the demonstration that future emissions of NOX 
and VOC will remain at or below 2014 emission levels when considering 
both future source growth and implementation of future controls.
3. Continued Air Quality Monitoring
    Wisconsin has committed to continue to operate the Sheboygan Haven 
monitor in the Inland Sheboygan area. 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, 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 Inland 
Sheboygan area. This includes the authority to adopt, implement, and 
enforce any subsequent 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 the area's emissions inventory. Wisconsin will continue to 
operate the current ozone monitor located in the Inland Sheboygan 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 EPA.
    In addition, to track future levels of emissions, Wisconsin will 
continue to develop and submit to EPA updated emission inventories for 
all source categories 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 on December 17, 2008 (73 FR 76539). 
The most recent triennial inventory for Wisconsin was compiled for 
2014. Point source facilities covered by Wisconsin's emission statement 
rule, Wisconsin Administrative Code NR 438, will continue to submit VOC 
and NOX emissions on an annual basis.
5. What is the contingency plan for the Inland Sheboygan area?
    Section 175A of the CAA requires that the state 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 
contingency plan for the Inland Sheboygan area to address possible 
future ozone air quality problems. The contingency 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-highest monitored value of 0.075 ppm or higher is 
monitored within the maintenance area. A warning level response will 
require Wisconsin to conduct a study. The study would include the two 
elements. The first element would assess whether actual emissions have 
deviated significantly from the emissions projections contained in this 
maintenance plan for the area, along with an evaluation of which 
sectors and states are responsible for any emissions increases. Second, 
Wisconsin would investigate whether unusual meteorological conditions 
during the high-ozone year led to the high monitored ozone 
concentrations. 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 consider ease and timing of 
implementation, as well as economic and social impacts, and will be 
completed no later than May 1st of the next season. Implementation of 
necessary controls in response to a warning level response trigger will 
occur within 18 months.
    In Wisconsin's plan, an action level response would be triggered if 
a three-year design value exceeds the level of the 2008 ozone NAAQS 
(0.075 ppm). When an action level response is triggered, Wisconsin will 
determine what additional control measures are needed to assure future 
attainment of the 2008 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. However, Wisconsin is not limited to 
the measures on this list:
    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
    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. Wisconsin notes that because it is not possible to 
determine what control measures will be appropriate in the future, the 
list is not comprehensive.
    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 Inland Sheboygan 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 
Inland Sheboygan area 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

[[Page 23285]]

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 ensuring 
conformity of transportation activities to a SIP. Transportation 
conformity is a requirement for nonattainment and maintenance areas.
    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 2008 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) to address pollution from on-road 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.
    As discussed earlier, Wisconsin's maintenance plan includes 
NOX and VOC MVEBs for the Inland Sheboygan area for 2020, 
which is an interim year, as well as 2030, which is the last year of 
the maintenance period. 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 
emissions sources, are consistent with maintenance of the 2008 ozone 
NAAQS.

 Table 5--MVEBs for the Inland Sheboygan Area for the 2020 Interim Year
                        and 2030 Maintenance Year
                        [Tons per hot summer day]
------------------------------------------------------------------------
                         Year                             NOX      VOC
------------------------------------------------------------------------
2020..................................................     1.16     0.65
2030..................................................     0.54     0.34
------------------------------------------------------------------------

    EPA is proposing to approve the MVEBs for use to determine 
transportation conformity in the Inland Sheboygan area, because EPA has 
determined that the area can maintain attainment of the 2008 ozone 
NAAQS for the relevant maintenance period with mobile source emissions 
at the levels of the MVEBs.

B. 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 Tables 3 and 4, 
the emissions in the Inland Sheboygan area are projected to have safety 
margins of 1.93 TPSD for NOX and 1.13 TPSD for VOC in 2030 
(the difference between emissions in the 2014 attainment year, and 
projected emissions in the 2030 maintenance year, for all sources in 
the Inland Sheboygan area). Similarly, there is a safety margin of 1.03 
TPSD for NOX and 0.67 TPSD for VOC in 2020. Even if 
emissions exceeded projected levels by the full amount of the safety 
margin, the counties would still demonstrate maintenance since emission 
levels would equal those in the attainment year.
    Wisconsin is not allocating any of the safety margin to the mobile 
source sector. Wisconsin can request an allocation to the MVEBs of the 
available safety margins reflected in the demonstration of maintenance 
in a future SIP revision.

VI. Base Year Emissions Inventory

    As discussed above, section 182(a)(1) of the CAA requires areas to 
submit a base year emissions inventory. As part of Wisconsin's 
redesignation request for the Inland Sheboygan area, the State 
submitted a 2011 base year emissions inventory. This inventory is 
discussed above in section IV.C.2. and summarized in Table 2. EPA is 
proposing to approve this 2011 base year inventory as meeting the 
section 182(a)(1) emissions inventory requirement for the Inland 
Sheboygan area.

VII. Emissions Statement

    Section 182(a)(3)(B) of the CAA requires states with ozone 
nonattainment areas to submit revisions to their SIP to require the 
owner or operator of each major stationary source of NOX or 
VOC to provide the state with an annual statement documenting the 
actual emissions of NOX and VOC from their source. Under 
section 182(a)(3)(B)(ii), a state may waive the emissions statement 
requirement for any class or category of stationary sources which emits 
less than 25 tons per year of VOC or NOX if the state, in 
its base year emissions inventory, provides an inventory of emissions 
from such class or category of sources. States and EPA have generally 
interpreted this waiver provision to apply to sources (without 
specification of a specific source class or source category) emitting 
less than 25 tons per year of VOC or NOX.
    Many states, including Wisconsin, adopted these emissions statement 
rules for the 1-hour ozone NAAQS. For these states, EPA is accepting 
certifications that their previously adopted emissions statement rules 
remain in place and are adequate to meet the emissions statement rule 
requirement under the 2008 ozone standard.
    Under NR 438 of the Wisconsin Administrative Code, Wisconsin 
requires annual NOX and VOC emission reporting from any 
facility in the State that emits NOX above 10,000 pounds (5 
tons) per year and VOC above 6,000 pounds (3 tons) per year. This 
includes facilities in nonattainment areas such as the Inland Sheboygan 
area for the 2008 ozone NAAQS. EPA previously approved NR 438 into the 
Wisconsin SIP on December 6, 1993 (58 FR 64155).
    In a September 25, 2017, SIP submission, WDNR certified that this 
approved SIP regulation remains in place and remains enforceable for 
the 2008 ozone NAAQS.
    Because Wisconsin has an EPA approved SIP provision requiring 
stationary sources to report annually their NOX emissions 
over 5 tons and VOC emissions over 3 tons, EPA is proposing to approve 
Wisconsin's emissions statement certification SIP as meeting the 
requirement of section 182(a)(3)(B) of the CAA for the 2008 ozone for 
the Inland Sheboygan area.

VIII. Motor Vehicle I/M

    The requirement to adopt a motor vehicle I/M program for Moderate 
ozone nonattainment areas is described in CAA section 182(b)(4) and the 
regulations for basic and enhanced I/M

[[Page 23286]]

programs are found at 40 CFR part 51, subpart S. Under these cumulative 
requirements, states with areas classified as Moderate nonattainment 
for ozone with 1990 Census-defined urbanized populations of 200,000 or 
more are required to adopt basic I/M programs, while Serious and higher 
classified ozone nonattainment areas outside of the northeast ozone 
transport region with 1980 Census-defined urbanized populations of 
200,000 or more are required to adopt enhanced I/M programs. 
Wisconsin's I/M program has been in operation since 1984. It was 
originally implemented in accordance with the 1977 CAA Amendments and 
operated in the six counties of Kenosha, Milwaukee, Ozaukee, Racine, 
Washington and Waukesha. Sheboygan County was added to the program in 
July 1993, resulting in a seven-county program area that has remained 
to the present. In 1995, Wisconsin transitioned to an enhanced I/M 
program. EPA approved Wisconsin's I/M program on August 16, 2001 (66 FR 
42949) and approved revisions to the program on September 19, 2013 (78 
FR 57501). Wisconsin's approved I/M program in the SIP is consistent 
with the requirements of 40 CFR part 51, subpart S, for the alternate 
low enhanced performance standards. In its September 25, 2017, 
submission, Wisconsin certified that it still meets the Federal I/M 
performance requirement. Therefore, EPA is proposing to find that 
Wisconsin has met the I/M requirement for the Inland Sheboygan area for 
the 2008 ozone NAAQS.

IX. VOC RACT

    Sections 172(c)(1) and 182(b)(2) of the CAA require states to 
implement RACT in ozone nonattainment areas classified as Moderate (and 
higher). Specifically, these areas are required to implement RACT for 
all major VOC and NOX emissions sources and for all sources 
covered by a CTG. A CTG is a document issued by EPA which establishes a 
``presumptive norm'' for RACT for a specific VOC source category. 
States must submit rules, or negative declarations when no such sources 
exist for CTG source categories.
    EPA's SIP Requirements Rule for the 2008 ozone NAAQS provides 
several pathways by which states may meet RACT requirements. States can 
meet the RACT requirements associated with the 2008 ozone NAAQS either 
through: (1) A certification that previously adopted RACT controls in 
their SIP approved by EPA under a prior ozone NAAQS continue to 
represent adequate RACT control levels for attainment of the 2008 ozone 
NAAQS; (2) through the adoption of new or more stringent regulations or 
controls that represent RACT control levels; and/or (3) a negative 
declaration if there are no source categories subject to certain CTGs 
within the nonattainment area.
    Wisconsin previously addressed RACT requirements in the Inland 
Sheboygan area in developing attainment plans for the 1979 and 1997 
ozone standards. Wisconsin has previously adopted RACT rules for VOC 
emission sources in its nonattainment areas under Wisconsin 
Administrative Code NR 420. Wisconsin has evaluated the previously 
adopted regulations and determined that these rules still satisfy RACT. 
Wisconsin's submittal describes the VOC RACT program for the Inland 
Sheboygan area. The submittal provided a list of the CTGs for which 
RACT requirements have been codified in Wisconsin Administrative Code.
    Wisconsin has not adopted VOC RACT regulations for four CTGs: 
Shipbuilding and ship repair, aerospace manufacturing, fiberglass boat 
manufacturing, and the oil and natural gas industry. In addition, while 
Wisconsin has adopted rules to cover industrial adhesive use, metal and 
plastic parts coatings, and automobile and light-duty truck 
manufacturing, Wisconsin's Administrative Code does not reflect the 
most recently published CTG for these three categories.
    Wisconsin preformed an applicability analysis for these seven 
categories in the Inland Sheboygan nonattainment area. Wisconsin's 
analysis took the following steps: First, Wisconsin relied on the 
Wisconsin Air Emissions Inventory to create a list of all the VOC 
emitting facilities in the Inland Sheboygan area. Wisconsin searched 
the list for facilities having the applicable CTG Standard Industrial 
Classification (SIC) codes. Second, Wisconsin searched the Wisconsin 
Air Resource Program database, which contains facility and emissions 
information about all Wisconsin companies that have obtained an air 
pollution control permit, for sources located within the partial county 
nonattainment area with the applicable SIC codes. Third, Wisconsin 
searched the membership directories found on the applicable SIC code 
organizations' websites. Finally, Wisconsin searched the ReferenceUSA 
database for facilities located within the Inland Sheboygan area with 
the SIC codes listed above.
    Wisconsin's analysis determined that there are no facilities in the 
Inland Sheboygan area for the shipbuilding and ship repair, aerospace 
manufacturing, fiberglass boat manufacturing, oil and natural gas 
industry, miscellaneous industrial adhesives, metal and plastic parts 
coatings, and automobile and light-duty truck assembly coatings 
categories. These are the seven categories in which Wisconsin has not 
adapted the most recently published CTGs. Wisconsin provided Negative 
Declarations for these CTG categories.
    In summary, Wisconsin has certified that the VOC RACT rules 
previously adopted by the state and approved into Wisconsin's SIP 
continue to meet VOC RACT requirements for the area under the 2008 
ozone NAAQS. Wisconsin has adequately documented its analysis of 
sources in the area to support its negative declarations for categories 
in which Wisconsin has not adopted the most recently published CTGs. 
EPA finds Wisconsin's VOC RACT SIP submittal to be approvable as 
meeting the Moderate VOC RACT requirements of section 182(b)(2) of the 
CAA.

X. NOX RACT

    Section 182(f) of the CAA requires RACT level controls for major 
stationary sources of NOX located in Moderate ozone 
nonattainment areas. Section 302 of the CAA defines a major stationary 
source as any facility which has the potential to emit 100 tons per 
year of any air pollutant. RACT is defined as the lowest emission 
limitation that a particular source is capable of meeting by the 
application of control technology that is reasonably available 
considering technological and economic feasibility. On October 19, 
2010, EPA approved Wisconsin's NOX RACT program into the SIP 
for purposes of the 1997 ozone NAAQS (75 FR 64155). Wisconsin's 
NOX RACT requirements are codified at NR 428.20 to 428.26 of 
the Wisconsin Administrative Code. Wisconsin's NOX RACT 
rules are applicable to major stationary sources of NOX 
located in Wisconsin's Moderate ozone nonattainment areas, including 
the Inland Sheboygan area. On September 25, 2017, WDNR submitted a SIP 
certifying that Wisconsin's SIP-approved NOX RACT rules meet 
the NOX RACT requirements of CAA section 182(f) for the 
Inland Sheboygan area for the 2008 ozone NAAQS. Because Wisconsin has 
EPA-approved NOX RACT rules applicable to Inland Sheboygan 
area sources in its SIP, EPA is proposing to find that Wisconsin has 
satisfied the NOX RACT requirements for the Inland Sheboygan 
area for the 2008 ozone NAAQS.

XI. What is EPA's analysis of Wisconsin's redesignation request for the 
1997 ozone NAAQS?

    On March 6, 2015, EPA revoked the 1997 ozone NAAQS along with

[[Page 23287]]

associated designations and classifications (80 FR 12264). Thus, the 
Inland Sheboygan area has no designation under the 1997 ozone NAAQS 
that can be changed through redesignation as governed by CAA section 
107(d)(3)(E). Therefore, EPA is not proposing a redesignation of the 
Inland Sheboygan area for the 1997 ozone NAAQS under CAA section 
107(d)(3)(E).
    However, in evaluating Wisconsin's request to redesignate the 
Inland Sheboygan area under the 2008 ozone standard, EPA determined 
that the area has met the five criteria in section 107(d)(3)(E) for 
redesignation, including the requirement that Wisconsin meet all 
applicable requirements of section 110 and part D of the CAA for the 
Inland Sheboygan area, and have a fully approved SIP for the area under 
section 110(k) of the CAA. As part of that evaluation, EPA has 
determined that Wisconsin has a fully approved SIP and meets the anti-
backsliding requirements under the 1997 ozone standard as codified at 
40 CFR 51.1105(a)(1) and 40 CFR 51.1100(o).

XII. What action is EPA taking?

    EPA is proposing to determine that the Inland Sheboygan 
nonattainment area is attaining the 2008 ozone NAAQS, based on quality-
assured and certified monitoring data for 2017-2019. EPA is proposing 
to determine that upon final approval of Wisconsin's 2011 base year 
emissions inventory, emission statement certification SIP, VOC RACT 
SIP, I/M certification SIP, and NOX RACT certification SIP, 
the area will have 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 Inland Sheboygan area from nonattainment to 
attainment for the 2008 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 Inland Sheboygan 
area in attainment of the 2008 ozone NAAQS through 2030. EPA finds 
adequate and is proposing to approve the newly-established 2020 and 
2030 MVEBs for the Inland Sheboygan area.

XIII. 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 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), 
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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: April 15, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
[FR Doc. 2020-08403 Filed 4-24-20; 8:45 am]
 BILLING CODE 6560-50-P


