[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Rules and Regulations]
[Pages 21027-21029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07538]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2021-0885; FRL-9523-02-R5]


Air Plan Approval; Wisconsin; Redesignation of the Wisconsin 
Portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin Area to 
Attainment of the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) finds that the 
Chicago-Naperville, IL-IN-WI area (Chicago area) is attaining the 2008 
ozone National Ambient Air Quality Standard (NAAQS or standard) and, in 
response to a request from the Wisconsin Department of Natural 
Resources (Wisconsin or the State), is redesignating the Wisconsin 
portion of the area to attainment for the 2008 ozone NAAQS, because the 
State has met the statutory requirements for redesignation under the 
Clean Air Act (CAA). EPA is approving, as a revision to the Wisconsin 
State Implementation Plan (SIP), the State's plan for maintaining the 
2008 ozone NAAQS through 2035 for the Wisconsin portion of the Chicago 
area. EPA finds adequate and is approving Wisconsin's 2030 and 2035 
volatile organic compound (VOC) and oxides of nitrogen (NOX) 
Motor Vehicle Emission Budgets (Budgets) for the Wisconsin portion. 
Finally, pursuant to section 110 and part D of the CAA, EPA is 
approving the enhanced Inspection/Maintenance (I/M) program 
certification included in Wisconsin's December 3, 2021 submittal, 
because it satisfies the serious enhanced I/M requirements for the 
Wisconsin portion. EPA proposed to approve this action on February 7, 
2022, and received no comments.

DATES: This final rule is effective on April 11, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2021-0885. 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 Michael 
Leslie, Environmental Engineer at (312) 353-6680 before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, [email protected].

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

I. Background Information

    On February 7, 2022 (87 FR 6006), EPA proposed to find that the 
Chicago area is attaining the 2008 ozone NAAQS, in response to a 
request from the Wisconsin, and is redesignating the Wisconsin portion 
of the area to attainment for the 2008 ozone NAAQS, because the State 
has met the statutory requirements for redesignation under the CAA. The 
Wisconsin portion of the Chicago 2008 ozone area consists of the 
portion of Kenosha County bounded by the I-94 corridor and the area 
east to Lake Michigan (Wisconsin portion). Wisconsin submitted this 
request on December 3, 2021. EPA proposed to approve, as a revision to 
the Wisconsin SIP, the State's plan for maintaining the 2008 ozone 
NAAQS through 2035 for the Wisconsin portion. EPA also proposed to 
approve and find adequate Wisconsin's 2030 and 2035 VOC and 
NOX Budgets for the Wisconsin portion. Finally, pursuant to 
section 110 and part D of the CAA, EPA proposed to approve the enhanced 
I/M certification, because it satisfies the serious enhanced I/M 
requirements for the Wisconsin portion. The public comment period for 
this proposed rule ended on March 9, 2022. EPA received no comments on 
the proposal.

[[Page 21028]]

II. Final Action

    EPA is determining that the Chicago area is attaining the 2008 
ozone NAAQS, based on quality-assured and certified monitoring data for 
the 2019-2021 period. EPA is approving enhanced I/M revision included 
in Wisconsin's December 3, 2021 submittal because Wisconsin 
demonstrated that its current I/M program meets the applicable enhanced 
I/M performance standard requirements in 40 CFR part 51, subpart S, for 
the 2008 ozone NAAQS. EPA has determined that the Wisconsin portion of 
the Chicago area has met the requirements for redesignation under 
section 107(d)(3)(E) of the CAA. EPA is thus changing the legal 
designation for the Wisconsin portion of the Chicago-Naperville, IL-IN-
WI area from nonattainment to attainment for the 2008 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 Wisconsin portion of the Chicago area in attainment of the 2008 
ozone NAAQS through 2035. Finally, EPA is finding adequate and 
approving the newly established 2030 and 2035 Budgets for the Wisconsin 
portion of the Chicago area.
    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 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 June 10, 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

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

    Dated: March 29, 2022.
Debra Shore,
Regional Administrator, Region 5.
    For the reasons stated in the preamble, 40 CFR parts 52 and 81 are 
amended as follows:

[[Page 21029]]

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 (ss) to read as 
follows:


Sec.  52.2585   Control strategy: Ozone.

* * * * *
    (ss) Redesignation. Approval--On December 3, 2021, Wisconsin 
submitted a request to redesignate the Wisconsin portion of the 
Chicago-Naperville, IL-IN-WI area to attainment of the 2008 ozone 
National Ambient Air Quality Standards (NAAQS). As part of the 
redesignation request, the State submitted a maintenance plan as 
required by section 175A of the Clean Air Act (CAA). 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 CAA. The ozone maintenance plan also 
establishes 2030 and 2035 Motor Vehicle Emission Budgets (Budgets) for 
the area. The 2030 Budgets for the area are 0.54 tons/day for volatile 
organic compounds (VOC) and 0.85 tons/day for oxides of nitrogen 
(NOX). The 2035 Budgets for the area are 0.47 tons/day for 
VOC and 0.75 tons/day for NOX. Wisconsin also submitted a 
revision to its State Implementation Plan to satisfy the Enhanced 
Inspection/Maintenance recertification for the 2008 ozone NAAQS 
requirements of the CAA.

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 ``Chicago-
Naperville, IL-IN-WI'' in the table entitled ``Wisconsin-2008 8-Hour 
Ozone NAAQS [Primary and Secondary]'' to read as follows:


Sec.  81.350   Wisconsin.

* * * * *

                                       Wisconsin--2008 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                                 Designation                           Classification
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \1\              Type
----------------------------------------------------------------------------------------------------------------
Chicago-Naperville, IL-IN-WI: \2\.       4/11/2022  Attainment...........  ..............  Serious.
    Kenosha County (part): The
     portion of Kenosha County
     bounded by the Lake Michigan
     shoreline on the East, the
     Kenosha County boundary on
     the North, the Kenosha County
     boundary on the South, and
     the I-94 corridor (including
     the entire corridor) on the
     West.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *
[FR Doc. 2022-07538 Filed 4-8-22; 8:45 am]
BILLING CODE 6560-50-P


