[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Rules and Regulations]
[Pages 18702-18704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06757]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2020-0410; EPA-R05-OAR-2021-0141; FRL-9484-02-R5]


Air Plan Approval; Wisconsin; Redesignation of the Manitowoc, 
Wisconsin, Area to Attainment of the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) finds that the 
Manitowoc, Wisconsin, area is attaining the 2015 ozone National Ambient 
Air Quality Standard (NAAQS or standard) and is approving, in 
accordance with a request from the Wisconsin Department of Natural 
Resources (WDNR), the redesignation of the area to attainment for the 
2015 ozone NAAQS, because the request meets the statutory requirements 
for redesignation under the Clean Air Act (CAA). Also, EPA is approving 
WDNR's certification that its stationary annual emissions statement 
regulation, which has been previously approved by EPA under a prior 
ozone standard, satisfies the CAA emission statement rule requirement 
for the 2015 ozone standard. WDNR submitted these requests on August 3, 
2020, and October 29, 2021. EPA is also approving, as a revision to the 
Wisconsin State Implementation Plan (SIP), the State's plan for 
maintaining the 2015 ozone NAAQS through 2033 in the Manitowoc area. 
EPA also finds adequate and is approving Wisconsin's 2025 and 2033 
volatile organic compound (VOC) and oxides of nitrogen (NOX) 
motor vehicle emission budgets for the Manitowoc area. These revisions 
satisfy the emissions inventory requirements for the partial Manitowoc 
area under the 2015 ozone NAAQS. The CAA requires emission inventories 
for all areas that were designated nonattainment.

DATES: This final rule is effective on March 31, 2022.

ADDRESSES: EPA has established dockets for this action under Docket ID 
No. EPA-R05-OAR-2020-0410 and EPA-R05-OAR-2021-0141. All documents in 
the docket are listed on the www.regulations.gov website. Although 
listed in the index, some information is not publicly available, i.e., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either through www.regulations.gov or at the 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays and facility closures due to COVID-19. We recommend 
that you telephone Emily Crispell, Environmental Scientist, at (312) 
353-8512 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Emily Crispell, Environmental 
Scientist,

[[Page 18703]]

Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-8512, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On February 1, 2022 (87 FR 5438), EPA proposed to approve the 2015 
Ozone NAAQS Redesignation and Maintenance Plan for the Manitowoc area, 
WDNR's 2025 and 2033 VOC and NOX motor vehicle emission 
budgets for the Manitowoc area, WDNR's emissions inventory for the 
partial Manitowoc area under the 2015 ozone NAAQS, and WDNR's emissions 
statement certification for the 2015 ozone standard. An explanation of 
the CAA requirements, a detailed analysis of the revisions, and EPA's 
reasons for proposing approval were provided in the notice of proposed 
rulemaking (NPRM) and will not be restated here. The public comment 
period for this proposed rule ended on March 3, 2022.
    During the comment period, EPA received one comment. The comment 
was supportive of the proposed action and the commentor stated that 
environmental regulations are necessary and that the proposed 
regulation should go into effect. The comment received is included in 
the docket for this action. EPA did not receive any adverse comments. 
Therefore, we are finalizing our action as proposed.

II. What action is EPA taking?

    EPA finds that the Manitowoc area is attaining the 2015 ozone 
NAAQS, based on quality-assured and certified monitoring data for 2018-
2020 showing that the area has met the requirements for redesignation 
under section 107(d)(3)(E) of the CAA. Quality-assured and certified 
monitoring data for 2021 show that the area continues to attain the 
2015 ozone NAAQS. EPA is thus approving a change in the legal 
designation of the Manitowoc area from nonattainment to attainment for 
the 2015 ozone NAAQS. EPA is also approving, as a revision to the 
Wisconsin SIP, the State's maintenance plan for the area. The 
maintenance plan is designed to keep the Manitowoc area in attainment 
of the 2015 ozone NAAQS through 2033. EPA also finds adequate and is 
approving the newly established 2025 and 2033 VOC and NOX 
motor vehicle emission budgets for the Manitowoc area. EPA is also 
approving the base year emissions inventories for the partial Manitowoc 
area under the 2015 ozone NAAQS. Finally, we are confirming that 
Wisconsin has acceptable and enforceable annual emission statement 
regulations for the 2015 ozone standard.
    In accordance with 5 U.S.C. 553(d) of the Administrative Procedure 
Act (APA), EPA finds there is good cause for this action to become 
effective immediately upon publication. The immediate effective date 
for this action is authorized under 5 U.S.C. 553(d)(1).
    Section 553(d)(1) of the APA provides that final rules shall not 
become effective until 30 days after publication in the Federal 
Register ``except . . . a substantive rule which grants or recognizes 
an exemption or relieves a restriction.'' The purpose of this provision 
is to ``give affected parties a reasonable time to adjust their 
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed. 
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United 
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting 
legislative history). However, when the agency grants or recognizes an 
exemption or relieves a restriction, affected parties do not need a 
reasonable time to adjust because the effect is not adverse. EPA has 
determined that this rule relieves a restriction because this rule 
relieves sources in the area of Nonattainment New Source Review (NNSR) 
permitting requirements; instead, upon the effective date of this 
action, sources will be subject to less restrictive Prevention of 
Significant Deterioration (PSD) permitting requirements. For this 
reason, EPA finds good cause under 5 U.S.C. 553(d)(1) for this action 
to become effective on the date of publication of this action.

III. 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);
     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).
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action

[[Page 18704]]

is not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 31, 2022. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

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

    Dated: March 21, 2022.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 81 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. Section 52.2585 is amended by adding paragraph (rr) to read as 
follows:


Sec.  52.2585  Control strategy: Ozone.

* * * * *
    (rr) Redesignation. Approval--On October 29, 2021, Wisconsin 
submitted a request to redesignate the Manitowoc County area to 
attainment of the 2015 8-hour ozone standard. As part of the 
redesignation request, the State submitted a maintenance plan as 
required by section 175A of the Clean Air Act. Elements of the section 
175 maintenance plan include a contingency plan and an obligation to 
submit a subsequent maintenance plan revision in eight years as 
required by the Clean Air Act. The ozone maintenance plan also 
establishes 2025 and 2033 Motor Vehicle Emission Budgets (MVEBs) for 
the area. The 2025 MVEBs for the Manitowoc County area are 0.47 tons 
per hot summer day for VOC and 0.91 tons per hot summer day for 
NOX. The 2033 MVEBs for the Manitowoc County area are 0.32 
tons per hot summer day for VOC and 0.61 tons per hot summer day for 
NOX.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. Section 81.350 is amended by revising the entry for ``Manitowoc 
County, WI'' in the table entitled ``Wisconsin-2015 8-Hour Ozone NAAQS 
[Primary and Secondary]'' to read as follows:


Sec.  81.350  Wisconsin.

* * * * *

                                       Wisconsin--2015 8-Hour Ozone NAAQS
                                             [Primary and secondary]
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                                                   Designation                         Classification
         Designated area \1\         ---------------------------------------------------------------------------
                                        Date \2\             Type             Date \2\             Type
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                                                  * * * * * * *
Manitowoc County, WI................    3/31/2022   Attainment............  ............  Marginal (Rural
                                                                                           Transport).
    Manitowoc County (part):
        Inclusive and east of the
         following roadways with the
         boundary starting from
         north to south: County Road
         B which turns into South
         State Street to County Road
         V which turns into Forest
         Home Drive to South Packer
         Drive to West Hillcrest
         Road to Highway 43 to West
         Custer Street to Dufek
         Drive which turns into
         Highway 42.
 
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.

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[FR Doc. 2022-06757 Filed 3-30-22; 8:45 am]
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