[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Proposed Rules]
[Pages 64110-64115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24915]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2021-0540; FRL-9201-01-R5]


Air Plan Approval; Wisconsin; Redesignation of the Rhinelander 
Sulfur Dioxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
redesignate the Rhinelander nonattainment area, which consists of a 
portion of Oneida County (Crescent Township, Newbold Township, Pine 
Lake Township, Pelican Township, and the City of Rhinelander), to 
attainment for the 2010 primary, health-based 1-hour sulfur dioxide 
(SO2) National Ambient Air Quality Standard (NAAQS). EPA is 
also proposing to approve Wisconsin's maintenance plan for the 
Rhinelander SO2 nonattainment area. Wisconsin submitted the 
request for approval of the Rhinelander area's redesignation and 
maintenance plan on July 28, 2021. EPA proposed to approve Wisconsin's 
attainment plan for the Rhinelander area on July 22, 2021, and EPA will 
not finalize this action until the attainment plan is approved.

DATES: Comments must be received on or before December 17, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2021-0540 at http://www.regulations.gov, or via email to 
[email protected]. 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

[[Page 64111]]

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: Abigail Teener, 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) 353-7314, 
[email protected]. The EPA Region 5 office 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.

SUPPLEMENTARY INFORMATION: This supplementary information section is 
arranged as follows:

I. Background and Redesignation Requirements
II. Determination of Attainment
III. Wisconsin's State Implementation Plan (SIP)
IV. Permanent and Enforceable Emission Reductions
V. Maintenance Plan
VI. Requirements for the Area Under Section 110 and Part D
VII. What action is EPA taking?
VIII. Statutory and Executive Order Reviews

I. Background and Redesignation Requirements

    In 2010, EPA established a revised primary, health-based 1-hour 
SO2 NAAQS of 75 parts per billion (ppb) (75 FR 35520, June 
22, 2010). On August 5, 2013, EPA designated the Rhinelander area as 
nonattainment for the 2010 SO2 NAAQS based on air quality 
monitoring data for calendar years 2009-2011 (78 FR 47191). The 
Rhinelander area is comprised of Crescent Township, Newbold Township, 
Pine Lake Township, Pelican Township, and the City of Rhinelander in 
Oneida County. Wisconsin submitted an attainment plan for the 
Rhinelander area on January 22, 2016, and supplemented it on July 18, 
2016, and November 29, 2016. On March 23, 2021, EPA partially approved 
and partially disapproved Wisconsin's Rhinelander SO2 plan, 
as submitted and supplemented in 2016, for failure to comply with EPA's 
stack height regulations (86 FR 15418).\1\ On March 29, 2021, Wisconsin 
submitted a permit containing a more stringent emission limit for 
Ahlstrom-Munksj[ouml]'s Rhinelander facility (Ahlstrom-Munksj[ouml]) 
(formerly Expera Specialty Solutions LLC (Expera)), the main 
SO2 source in the area, and supplemental information in 
order to remedy the plan's deficiencies specified in EPA's March 23, 
2021, rulemaking. The plan includes modeling to show that compliance 
with emission limits results in attainment of the standard and ongoing 
maintenance. EPA proposed to approve Wisconsin's revised plan for 
bringing the Rhinelander area into attainment on July 22, 2021 (86 FR 
38643), and EPA will not finalize this action until the attainment plan 
is approved and effective. On July 28, 2021, Wisconsin submitted a 
request to redesignate the Rhinelander area to attainment.
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    \1\ For more discussion on stack height, see EPA's November 25, 
2020, proposed partial approval and partial disapproval (85 FR 
75273).
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    Under Clean Air Act (CAA) section 107(d)(3)(E), there are five 
criteria which must be met before a nonattainment area may be 
redesignated to attainment:
    1. EPA has determined that the relevant NAAQS has been attained in 
the area.
    2. The applicable implementation plan has been fully approved by 
EPA under section 110(k).
    3. EPA has determined that improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from the 
SIP, Federal regulations, and other permanent and enforceable 
reductions.
    4. EPA has fully approved a maintenance plan, including a 
contingency plan, for the area under section 175A of the CAA.
    5. The State has met all applicable requirements for the area under 
section 110 and part D.

II. Determination of Attainment

    The first requirement for redesignation is to demonstrate that the 
NAAQS has been attained in the area. As stated in EPA's April 2014 
``Guidance for 1-Hour SO2 Nonattainment Area SIP 
Submissions,'' there are two components needed to support an attainment 
determination: A review of representative air quality monitoring data 
and a further analysis, generally requiring air quality modeling, to 
demonstrate that the entire area is attaining the applicable NAAQS, 
based on current actual emissions or the fully implemented control 
strategy. Wisconsin has addressed both components.
    Under EPA regulations at 40 CFR 50.17, the SO2 NAAQS is 
met at an ambient air quality monitoring site when the three-year 
average of the annual 99th percentile of one-hour daily maximum 
concentrations is less than or equal to 75 ppb, as determined in 
accordance with appendix T of 40 CFR part 50 at all relevant monitoring 
sites in the subject area. Wisconsin operates one SO2 
monitoring site in the Rhinelander area: Rhinelander Tower monitor (AQS 
ID 55-085-0996). The Rhinelander Tower monitor site is located at 434 
High Street under the Rhinelander municipal water tower. EPA has 
reviewed the ambient air monitoring data from the Rhinelander Tower 
monitor, focusing on air quality data collected from 2012 through 2020. 
For each of these calendar years, the data are quality-assured, 
certified, and recorded in EPA's Air Quality System database.\2\
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    \2\ The 2020 quarter 4 data did not meet the completeness 
criterion due to some invalidated data. However, when data from all 
4 quarters of 2020 were evaluated together, the completeness 
criterion was met for the 2020 calendar year.
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    Tables 1 and 2 of this document show the 99th percentile results 
and three-year average design values, respectively, for the Rhinelander 
Tower monitor for 2012-2020. The Rhinelander Tower monitor design 
values are 69 ppb for 2016-2018, 36 ppb for 2017-2019, and 36 ppb for 
2018-2020, which are all below the SO2 NAAQS. Therefore, EPA 
finds that Wisconsin has demonstrated that Rhinelander's SO2 
monitor shows attainment.

                  Table 1--Wisconsin's Monitoring Data for the Rhinelander SO2 Nonattainment Area for 2012-2020--99th Percentile Values
                                                                          [ppb]
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                 Site ID                             Location              2012     2013     2014     2015     2016     2017     2018     2019     2020
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55-085-0996..............................  Rhinelander Tower Monitor...      174      153      162      156      129       38       40       29       39
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[[Page 64112]]


                      Table 2--Wisconsin's Monitoring Data for the Rhinelander SO2 Nonattainment Area for 2012-2019--Design Values
                                                                          [ppb]
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                  Site ID                               Location             2012-2014  2013-2015  2014-2016  2015-2017  2016-2018  2017-2019  2018-2020
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55-085-0996................................  Rhinelander Tower Monitor.....       163        157        149        108         69         36         36
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    In addition to ambient air quality monitoring data, Wisconsin 
utilized an approach based on computer modeling, which relied on 
allowable emissions in Wisconsin's attainment plan to additionally 
characterize the attainment status of the SO2 NAAQS and to 
provide for maintaining SO2 emissions in the Rhinelander 
area below the SO2 NAAQS through 2032. EPA proposed to 
approve this modeling on July 22, 2021, as part of Wisconsin's 
attainment plan, and EPA will not finalize this action until 
Wisconsin's attainment plan is approved and effective.
    Regarding the requirement for Wisconsin to demonstrate that the 
entire area is attaining the SO2 NAAQS, Wisconsin also 
referred to the dispersion modeling analysis which was submitted as 
part of its attainment plan for Rhinelander. This analysis demonstrated 
that revised SO2 emission limits for Ahlstrom-Munksj[ouml] 
would provide for attainment, as Ahlstrom-Munksj[ouml] accounts for 
over 94 percent of the modeled SO2 concentration in the 
Rhinelander area. Wisconsin has confirmed that Ahlstrom-Munksj[ouml] 
and the other facilities included in the modeling analysis are 
currently in full compliance with their emission limits. Beginning 
December 31, 2021, Ahlstrom-Munksj[ouml] will be subject to a more 
stringent emission limit, which will ensure that actual emissions are 
at or below the levels Wisconsin used in its modeling analysis. The 
modeling analysis was discussed in detail in the July 22, 2021, notice 
of proposed rulemaking for the Rhinelander SO2 attainment 
plan (86 FR 38643). In this action, EPA proposes to find that this 
modeling analysis and the monitored air quality data demonstrate that 
the Rhinelander area has attained the 2010 SO2 NAAQS.

III. Wisconsin's State Implementation Plan (SIP)

    EPA's proposed approval of Wisconsin's attainment SIP for the 
Rhinelander area (86 FR 38643) included revised emission limits for 
Ahlstrom-Munksj[ouml], which is the main SO2 source in the 
Rhinelander area. In that action, EPA proposed to find that Wisconsin 
had satisfied requirements for providing for attainment of the 1-hour 
SO2 NAAQS in the Rhinelander area. The proposed 
SO2 SIP regulations for Ahlstrom-Munksj[ouml] are contained 
in Air Pollution Control Construction Permit Revision 15-DMM-128-R1.\3\ 
EPA will not finalize this action until the approval of Wisconsin's SIP 
for the Rhinelander area is finalized. Wisconsin has shown that it 
maintains an active enforcement program to ensure ongoing compliance 
with these requirements.\4\ Wisconsin's new source review/prevention of 
significant deterioration program will address emissions from potential 
new sources in the area (79 FR 60064, October 6, 2014).
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    \3\ The portions of Air Pollution Control Construction Permit 
Revision 15-DMM-128-R1 that EPA proposed to incorporate into the 
Wisconsin SIP include the permit cover sheet, emissions limitations 
for Ahlstrom-Munksj[ouml] (Conditions A.3.a.(1)-(3)), compliance 
demonstration (Conditions A.3.b.(1)-(3)), reference test methods, 
recordkeeping and monitoring requirements (Conditions A.3.c.(1)-(5) 
and A.3.c.(7)-(9)), and the effective date (Condition YYY.1.a.(1)).
    \4\ Wisconsin Department of Natural Resources (WDNR) maintains 
an enforcement program to ensure compliance with SIP requirements. 
The Bureau of Air Management houses an active statewide compliance 
and enforcement team that works in all geographic regions of the 
State. WDNR refers actions as necessary to the Wisconsin Department 
of Justice with the involvement of WDNR. Wis. Stats. 285.83 and Wis. 
Stats. 285.87 provide WDNR with the authority to enforce violations 
and assess penalties, to ensure that required measures are 
ultimately implemented.
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IV. Permanent and Enforceable Emission Reductions

    For an area to be redesignated, the State must be able to 
reasonably attribute the improvement in air quality to emission 
reductions that are permanent and enforceable. Wisconsin's 2016 
attainment plan established SO2 emission limits for 
Ahlstrom-Munksj[ouml] boiler B26 through Administrative Order AM-15-01. 
In 2018, these emission limits, in combination with the retirement of 
four coal boilers and reduced coal sulfur content at Ahlstrom-
Munksj[ouml], resulted in an actual average decrease of 2.07 tons per 
day (tpd) of SO2 (25 percent) from 2011 actual emissions. As 
part of its 2021 revised attainment plan, Wisconsin submitted a more 
stringent SO2 limit for Ahlstrom-Munksj[ouml]. This limit 
and the associated requirements are contained in a title I construction 
permit revision (Air Pollution Control Construction Permit Revision 15-
DMM-128-R1), which will render them federally enforceable after the 
permit compliance date of December 31, 2021. EPA included the revised 
limits in the proposed approval of Wisconsin's SIP on July 22, 2021 (86 
FR 38643). A redesignation to attainment of the Rhinelander area would 
not be effective before December 31, 2021, when the permit is 
enforceable.
    As shown in Table 2 of this document, the monitored design values 
in the Rhinelander area at the time of its nonattainment designation 
were above the NAAQS of 75 ppb. Subsequent monitoring data in the 
Rhinelander area indicate that the 99th percentile ambient 
SO2 levels dropped below the NAAQS after the imposition of 
enforceable limits at Ahlstrom-Munksj[ouml]. EPA proposes to find that 
the improvement in air quality in the Rhinelander area can be 
attributed to permanent and enforceable emission reductions at 
Ahlstrom-Munksj[ouml].

V. Maintenance Plan

    CAA section 175A sets forth the elements of a maintenance plan for 
areas seeking redesignation from nonattainment to attainment. Under 
section 175A, the plan must demonstrate continued attainment of the 
applicable NAAQS for at least ten years after the nonattainment area is 
redesignated to attainment. Eight years after the redesignation, the 
State must submit a revised maintenance plan demonstrating that 
attainment will continue to be maintained for the ten years following 
the initial ten-year period. To address the possibility of future NAAQS 
violations, the maintenance plan must contain contingency measures as 
EPA deems necessary to ensure prompt correction of any future one-hour 
violations.
    Specifically, the maintenance plan should address five 
requirements: The attainment emissions inventory, maintenance 
demonstration, monitoring, verification of continued attainment, and a 
contingency plan. Wisconsin's July 28, 2021, redesignation request 
contains its maintenance plan,

[[Page 64113]]

which Wisconsin has committed to review eight years after 
redesignation.
    In its redesignation request, Wisconsin provided an emission 
inventory which addresses the 2011 base year actual emissions of 2,440 
tons per year (tpy) for the Rhinelander area. Wisconsin chose 2018 as 
an attainment year in order to demonstrate actual emissions reductions 
that have occurred in an attaining year. Total actual SO2 
emissions in the Rhinelander area for the attainment year were 1,289 
tpy. As Ahlstrom-Munksj[ouml] boiler B26 was not operational for part 
of 2018, Wisconsin also included average daily emission values of 8.23 
tpd in 2011 and 6.15 tpd in 2018. Wisconsin demonstrated a 25 percent 
reduction in actual average daily emissions, which is more than 
sufficient to attain the SO2 NAAQS in the Rhinelander area. 
Wisconsin's projected Rhinelander area emissions for the maintenance 
year of 2032 are 2,204 tpy, over 99 percent of which are projected from 
Ahlstrom-Munksj[ouml]. This quantity is 10 percent lower than actual 
emissions in 2011. The projected emissions for 2032 are lower than the 
SO2 potential-to-emit for Ahlstrom-Munksj[ouml] of 2,710 
tpy, based on the revised limits in Air Pollution Control Construction 
Permit Revision 15-DMM-128-R1. The modeling analysis shows that the 
area will continue to attain based on the potential-to-emit in the 
revised permit and associated control requirements.
    Wisconsin's maintenance demonstration consists of the nonattainment 
SIP air quality analysis showing that the emission reductions now in 
effect in the Rhinelander area will provide for attainment of the 
SO2 NAAQS. The permanent and enforceable SO2 
emission reductions described above ensure that area emissions will be 
equal to or less than the emission levels that were evaluated in the 
air quality analysis, and Wisconsin's enforceable emission requirements 
will ensure that the Rhinelander area SO2 emission limits 
are met continuously.
    For continuing verification, Wisconsin has committed to track the 
emissions and compliance status of the major facilities in the 
Rhinelander area so that future emissions will not exceed the allowable 
emissions-based attainment inventory. All major sources in Wisconsin 
are required to submit annual emissions data, which the State uses to 
update its emission inventories as required by the CAA.
    The requirement to submit contingency measures in accordance with 
section 172(c)(9) of the CAA can be adequately addressed for 
SO2 by the operation of a comprehensive enforcement program, 
which can quickly identify and address sources that might be causing 
exceedances of the NAAQS. Wisconsin's enforcement program is active and 
capable of prompt action to remedy compliance issues. Wisconsin commits 
to study SO2 emission trends and identify areas of concern 
and potential additional measures and, if necessary, Wisconsin will 
consider additional control measures that can be implemented quickly. 
Wisconsin has the authority to expeditiously adopt, implement, and 
enforce any subsequent emissions control measures deemed necessary to 
correct any future SO2 violations. Wisconsin commits to 
adopting and implementing such corrective actions as necessary to 
address violations of the SO2 NAAQS. The public will have 
the opportunity to participate in the contingency measure 
implementation process. Based on the foregoing, EPA proposes to find 
that Wisconsin has addressed the contingency measure requirement. 
Further, EPA proposes to find that Wisconsin's maintenance plan 
adequately addresses the five basic components necessary to maintain 
the SO2 NAAQS in the Rhinelander nonattainment area.

VI. Requirements for the Area Under Section 110 and Part D

    Wisconsin has submitted information demonstrating that it meets all 
of the SIP requirements of the CAA for the Rhinelander nonattainment 
area. EPA approved most elements of Wisconsin's infrastructure SIP on 
September 11, 2015 (80 FR 54725), revisions to Prevention of 
Significant Deterioration and Nonattainment New Source Review programs 
on October 6, 2014 (79 FR 60064), state board requirements on January 
21, 2016 (81 FR 3334), and the remaining components on February 7, 2017 
(82 FR 9515). These infrastructure SIP approvals confirm that 
Wisconsin's SIP meets the applicable requirements of CAA section 
110(a)(1) and 110(a)(2) to contain the basic program elements, such as 
an active enforcement program and permitting program.
    Section 110(a)(2)(D) requires that SIPs contain certain 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 the interstate 
transport of air pollutants. The section 110(a)(2)(D) requirements for 
a State are not linked with a nonattainment area's designation and 
classification in that State. EPA believes that the requirements linked 
with a nonattainment area's designation and classifications are the 
relevant measures to evaluate in reviewing a redesignation request. The 
transport SIP submittal requirements, where applicable, continue to 
apply to a State regardless of the designation of any one area in the 
State. Thus, EPA does not believe that the CAA's interstate transport 
requirements should be construed to be applicable requirements for 
purposes of redesignation.
    In addition, EPA believes that other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's SO2 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 2010 SO2 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.\5\
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    \5\ 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 rule, 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).
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    Section 191 of the CAA requires Wisconsin to submit a part D SIP 
for the Rhinelander nonattainment area by April 6, 2015. Wisconsin 
submitted its part D SIP on January 22, 2016 and supplemented it on 
July 18, 2016 and November 29, 2016. However, on March 23, 2021, EPA 
partially disapproved Wisconsin's part D SIP, as submitted and 
supplemented in 2016, for failure to comply with EPA's stack height 
regulations. Consequently, Wisconsin submitted a revised plan to EPA on 
March 29, 2021. The revised SIP included a demonstration of attainment 
and a more stringent SO2 emission limit for Ahlstrom-
Munksj[ouml]. EPA proposed to approve the revised Rhinelander 
attainment plan on July 22, 2021 (86 FR 38643), and EPA will not 
finalize this action until the attainment plan is approved and 
effective. In the July 22, 2021, rulemaking, EPA proposed to conclude 
that Wisconsin had satisfied the various requirements under CAA section 
110 and part D for the Rhinelander SO2 nonattainment area. 
EPA concluded that Wisconsin satisfied requirements for reasonably 
available

[[Page 64114]]

control measures (required under section 173(c)(1)) and reasonable 
further progress (required under section 173(c)(2)). That rulemaking 
supplemented a previous action in which EPA concluded that Wisconsin 
satisfied requirements for an attainment inventory of the 
SO2 emissions from sources in the nonattainment area 
(required under section 173(c)(3)).
    Wisconsin chose 2011 for its base year emissions inventory, as 
comprehensive emissions data were available and updated that year, 
which satisfies the 172(c)(3) requirements. In that year, Ahlstrom-
Munksj[ouml] was the main source in the nonattainment area.
    Table 3 of this document compares Wisconsin's SO2 
emissions data for Ahlstrom-Munksj[ouml] for 2011 (the base 
nonattainment year identified by Wisconsin), 2018 (the attainment year 
identified by Wisconsin), and 2032 (the maintenance year identified by 
Wisconsin). For each of these years, Wisconsin's submittal shows that 
Ahlstrom-Munksj[ouml] accounts for over 99 percent of the 
SO2 emissions in the Rhinelander area.
    By providing actual emissions from Ahlstrom-Munksj[ouml], the main 
SO2 source, from a time period when the area was not meeting 
the SO2 NAAQS, and from a time period when the area was 
attaining the NAAQS, Wisconsin demonstrates a 25 percent reduction in 
actual average daily SO2 emissions. Wisconsin's submittal 
shows that actual average daily 2018 Ahlstrom-Munksj[ouml] 
SO2 emissions were 75 percent of the actual emissions in 
2011. Wisconsin also shows by modeling that Ahlstrom-Munksj[ouml]'s 
compliance with its revised SO2 emission limit, which will 
be federally enforceable beginning December 31, 2021, will result in 
the area maintaining attainment of the SO2 NAAQS.

                                              Table 3--Actual and Projected Ahlstrom-Munksj[ouml] Emissions
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                                                   2011 Nonattainment year    2018 Attainment year        2011-2018 Change        2032 Maintenance year
                                     Type of              (actual)                  (actual)                  (actual)                 (projected)
        Affected source             reduction    -------------------------------------------------------------------------------------------------------
                                                     (tpy)        (tpd)        (tpy)        (tpd)        (tpy)        (tpd)        (tpy)        (tpd)
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Ahlstrom-Munksj[ouml].........  Emission limits,        2,422         8.17      * 1,280         6.13       -1,142        -2.04        2,195         6.13
                                 unit shutdowns,
                                 fuel changes.
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* Annual emissions for 2018 are lower than the projected annual maintenance year emissions because Ahlstrom-Munksj[ouml] boiler B26 was not operational
  from mid-May to mid-October 2018

    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. Based on 
EPA's 2014 SO2 guidance, transportation conformity only 
applies to SO2 SIPs if transportation-related emissions of 
SO2 as a precursor are a significant contributor to a 
PM2.5 nonattainment problem, or if the SIP has established 
an approved or adequate budget for such emissions as part of the RFP, 
attainment or maintenance strategy, neither of which apply to the 
Rhinelander area. Nevertheless, EPA approved Wisconsin's transportation 
conformity procedures on February 27, 2014 (79 FR 10995). EPA approved 
Wisconsin's general conformity procedures on July 29, 1996 (61 FR 
39329).
    Based on the above, EPA is proposing to find that Wisconsin has 
satisfied the applicable requirements for the redesignation of the 
Rhinelander nonattainment area under section 110 and part D of title I 
of the CAA.

VII. What action is EPA taking?

    In accordance with Wisconsin's July 28, 2021, request, EPA is 
proposing to redesignate the Rhinelander nonattainment area from 
nonattainment to attainment of the 2010 SO2 NAAQS. The 
redesignation will not be effective until EPA approves the Wisconsin 
attainment plan for the Rhinelander area. EPA finds that Wisconsin has 
demonstrated that the area is attaining the 2010 SO2 NAAQS 
and that the improvement in air quality is due to permanent and 
enforceable SO2 emission reductions in the area. EPA is also 
proposing to approve Wisconsin's maintenance plan, which is designed to 
ensure that the area will continue to maintain the SO2 
NAAQS.

VIII. 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);

[[Page 64115]]

     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 SO2 national ambient 
air quality standards on tribal lands.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

40 CFR Part 81

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

    Dated: November 8, 2021.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
[FR Doc. 2021-24915 Filed 11-16-21; 8:45 am]
BILLING CODE 6560-50-P


