[Federal Register Volume 75, Number 132 (Monday, July 12, 2010)]
[Rules and Regulations]
[Pages 39635-39638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16706]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2009-0730; FRL-9172-9]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Wisconsin; Redesignation of
the Manitowoc County and Door County Areas to Attainment for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving Wisconsin's requests to redesignate the
Manitowoc County and Door County, Wisconsin nonattainment areas to
attainment for the 1997 8-hour ozone standard because the requests meet
the statutory requirements for redesignation under the Clean Air Act
(CAA). The Wisconsin Department of Natural Resources (WDNR) submitted
these requests on September 11, 2009.
These approvals involve several related actions. EPA is making
determinations under the CAA that the Manitowoc County and Door County
areas have attained the 1997 8-hour ozone National Ambient Air Quality
Standard (NAAQS). These determinations are based on three years of
complete, quality-assured and certified ambient air quality monitoring
data for the 2006-2008 ozone seasons that demonstrate that the 8-hour
ozone NAAQS has been attained in the areas. Complete, quality-assured
air quality data for the 2009 ozone season have been recorded in the
EPA's Air Quality System (AQS) and show that the areas continue to
attain the 8-hour ozone standard. EPA is also approving, as revisions
to the Wisconsin State Implementation Plan (SIP), the State's
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plans for maintaining the 8-hour ozone NAAQS through 2020 in the areas.
EPA is approving the 2005 base year emissions inventories for the
Manitowoc County and Door County areas as meeting the base year
emissions inventory requirement of the CAA. WDNR submitted these base
year emissions inventories on June 12, 2007. Finally, EPA finds
adequate and is proposing to approve the State's 2012 and 2020 Motor
Vehicle Emission Budgets (MVEBs) for the Manitowoc County and Door
County areas.
DATES: This final rule is effective July 12, 2010.
ADDRESSES: EPA has established a docket for this action: Docket ID No.
EPA-R05-OAR-2009-0730. All documents in the docket are listed on the
http://www.regulations.gov Web site. 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
electronically in http://www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Kathleen D'Agostino,
Environmental Engineer, at (312) 886-1767 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
Table of Contents
I. What is the background for these actions?
II. What comments did we receive on the Proposed Rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for these actions?
The background for today's actions is discussed in detail in EPA's
April 27, 2010, proposal (75 FR 22047). In that rulemaking, we noted
that, under EPA regulations at 40 CFR part 50, the 8-hour ozone
standard is attained when the three-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations is less than
or equal to 0.08 ppm. (See 69 FR 23857 (April 30, 2004) for further
information.) Under the CAA, EPA may redesignate nonattainment areas to
attainment if sufficient complete, quality-assured data are available
to determine that the area has attained the standard and if it meets
the other CAA redesignation requirements in section 107(d)(3)(E).
The WDNR submitted requests to redesignate the Manitowoc County and
Door County areas to attainment for the 1997 8-hour ozone standard on
September 11, 2009. The redesignation requests included three years of
complete, quality-assured data for the period of 2006 through 2008,
indicating the 8-hour NAAQS for ozone, as promulgated in 1997, had been
attained for the Manitowoc County and Door County areas. Complete,
quality-assured monitoring data in AQS but not yet certified for the
2009 ozone season show that the areas continue to attain the 8-hour
ozone standard. The April 27, 2010, proposed rule provides a detailed
discussion of how Wisconsin met this and other CAA requirements.
II. What comments did we receive on the proposed rule?
EPA provided a 30-day review and comment period. The comment period
closed on May 27, 2010. EPA received comments in support of the
redesignation from the Door County Board of Supervisors and the Door
County Economic Development Corporation. We received no adverse
comments on the proposed rule.
III. What action is EPA taking?
EPA is making determinations that the Manitowoc County and Door
County areas have attained the 1997 8-hour ozone NAAQS. EPA is also
approving the maintenance plan SIP revisions for the Manitowoc County
and Door County areas. EPA's approval of the maintenance plans is based
on the State's demonstrations that the plans meet the requirements of
section 175A of the CAA. After evaluating the redesignation requests
submitted by WDNR, EPA believes that the requests meet the
redesignation criteria set forth in section 107(d)(3)(E) of the CAA.
Therefore, EPA is approving the redesignation of the Manitowoc County
and Door County areas from nonattainment to attainment for the 1997 8-
hour ozone NAAQS. EPA is also approving WDNR's 2005 base year emissions
inventory for the Manitowoc County and Door County areas as meeting the
requirements of section 172(c)(3) of the CAA. Finally, EPA finds
adequate and is approving the Wisconsin's 2012 and 2020 MVEBs for the
Manitowoc County and Door County areas.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. This
is because a delayed effective date is unnecessary due to the nature of
a redesignation to attainment, which relieves the area from certain CAA
requirements that would otherwise apply to it. The immediate effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rulemaking actions may become effective less than 30 days
after publication if the rule ``grants or recognizes an exemption or
relieves a restriction,'' and section 553(d)(3), which allows an
effective date less than 30 days after publication ``as otherwise
provided by the agency for good cause found and published with the
rule.'' The purpose of the 30-day waiting period prescribed in section
553(d) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's rule relieves the state of various requirements
for this 8-hour ozone nonattainment area. For these reasons, EPA finds
good cause under 5 U.S.C. 553(d)(3) for this action to become effective
on the date of publication of this action.
IV. 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
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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. These actions do not impose additional requirements beyond
those imposed by state law and the CAA. For that reason, these actions:
Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law. Even though this
rule does not have ``tribal implications'' under Executive Order 13175,
nonetheless, EPA provided notice of the proposal to the Wisconsin
tribes. The tribes raised no concerns with the proposed rule.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 10, 2010. 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 oxides, Ozone,
Volatile organic compounds.
40 CFR Part 81
Air pollution control, Environmental protection, National parks,
Wilderness areas.
Dated: June 28, 2010.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart YY--Wisconsin
0
2. Section 52.2585 is amended by adding paragraphs (w) and (x) to read
as follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(w) Approval--On June 12, 2007, Wisconsin submitted 2005 VOC and
NOX base year emissions inventories for the Manitowoc County
and Door County areas. Wisconsin's 2005 inventories satisfy the base
year emissions inventory requirements of section 172(c)(3) of the Clean
Air Act for the Manitowoc County and Door County areas under the 1997
8-hour ozone standard.
(x) Approval--On September 11, 2009, Wisconsin submitted requests
to redesignate the Manitowoc County and Door County areas to attainment
of the 1997 8-hour ozone standard. As part of the redesignation
requests, the State submitted maintenance plans as required by section
175A of the Clean Air Act. Elements of the section 175 maintenance
plans include contingency plans and an obligation to submit subsequent
maintenance plan revisions in 8 years as required by the Clean Air Act.
The ozone maintenance plans also establish 2012 and 2020 Motor Vehicle
Emission Budgets (MVEBs) for the areas. The 2012 MVEBs for the
Manitowoc County and Door County areas are 1.76 tons per day (tpd) for
VOC and 3.76 tpd for NOX, and 0.78 tpd for VOC and 1.55 tpd
for NOX, respectively. The 2020 MVEBs for the Manitowoc
County and Door County areas are 1.25 tpd for VOC and 1.86 tpd for
NOX, and 0.53 tpd for VOC and 0.74 tpd for NOX,
respectively.
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.350 is amended by revising the entries for Door County,
WI and Manitowoc County, WI in the table entitled ``Wisconsin-Ozone (8-
Hour Standard)'' to read as follows:
Sec. 81.350 Wisconsin.
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[[Page 39638]]
Wisconsin-Ozone (8-Hour Standard)
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Designation \a\ Classification
Designated area -------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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Door County, WI: Door County.......... July 12, 2010........... Attainment.
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Manitowoc County, WI: Manitowoc County July 12, 2010........... Attainment.
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
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[FR Doc. 2010-16706 Filed 7-9-10; 8:45 am]
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