[Federal Register Volume 59, Number 114 (Wednesday, June 15, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14533]


[[Page Unknown]]

[Federal Register: June 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI32-01-5763a; FRL-4891-5]

 

Approval and Promulgation of Implementation Plan; Wisconsin

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: United States Environmental Protection Agency (USEPA) approves 
Wisconsin's 1990 base year ozone (O3) emission inventory as a 
revision to the Wisconsin State Implementation Plan (SIP) for O3. 
The inventory was submitted by the State of Wisconin to satisfy a 
Federal requirement that those States containing O3 nonattainment 
areas (NAAs) classified as marginal to extreme submit inventories of 
actual O3 season and emissions from all sources in accordance with 
USEPA guidance. Wisconsin's O3 NAAs are the counties of Walworth, 
Door, Kewaunee, Manitowoc, Sheboygan, and the six county Milwaukee area 
(counties Washington, Ozaukee, Waukesha, Milwaukee, Racine, and 
Kenosha). The rationale for the approval is set forth in this final 
rule; additional information is available at the address indicated 
below in the supporting Technical Support Document (TSD).

DATES: This final rule will be effective August 15, 1994, unless notice 
is received by July 15, 1994, that someone wishes to submit adverse 
comments. If the effective date is delayed, timely notice will be 
published in Federal Register.

ADDRESSES: Copies of the SIP revision and USEPA's analyses are 
available for inspection at the following address: (It is recommended 
that you telephone Charles Hatten at (312) 886-6031 before visiting the 
Region 5 Office.) United States Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Written comments can be mailed to Carlton T. Nash, Chief, 
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), United States Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard, Chicago, Illionis 60604.

FOR FURTHER INFORMATION CONTACT:
Charles Hatten (312) 886-6031.

SUPPLEMENTARY INFORMATION:

I. Background

    Under the Clean Air Act as amended (including the 1990 Amendments) 
(the Act), States have the responsibility to inventory emissions 
contributing to the National Ambient Air Quality Standards 
nonattainment, to track these emissions over time, and to ensure that 
control strategies are being implemented that reduce emissions and move 
areas towards attainment. Section 182(b) of the Act, 42 U.S.C. 
7511a(b)(1), requires States with O3 NAAs designated as moderate, 
serious, severe, and extreme to submit a plan within 3 years of 1990 to 
reduce VOC emissions by 15 percent with 6 years after 1990. The 
baseline level of emissions, from which the 15 percent reduction is 
calculated, is determined by adjusting the base year inventory to 
exclude biogenic emissions and to exclude certain emission reductions 
not creditible towards the 15 percent. The 1990 base year emissions 
inventory is the primary inventory from which the periodic inventory, 
the Reasonable Further Progress (RFP) projection inventory, and the 
modeling inventory are derived. See General Preamble to title I, 57 FR 
13502 (April 16, 1992). Further information on these inventories and 
their purpose can be found in the ``Emission Inventory Requirements for 
Ozone State Implementation Plans,'' U.S. Environmental Protection 
Agency, Office of Air Quality Planning and Standards, Research Triangle 
Park, North Carolina, (March 1991).
    The air quality planning requirements for marginal to extreme 
O3 NAAs are set out in section 182(a)-(e) of the Act. The General 
Preamble to title I of the 1990 Amendments to the Act describes the 
bases for reviewing SIP revisions submitted under title I of the 1990 
Amendments, including requirements for the preparation of the 1990 base 
year inventories. See 57 FR 13502 (April 16, 1992) and 57 FR 18070 
(April 28, 1992). A more detailed discussion of the interpretations of 
title I of the 1990 Amendments to the Act, as well as detailed policy 
guidance on the development of the emission inventory is contained in 
the General Preamble. See 57 FR 18070, appendix B (April 28, 1992).
    Those States containing O3 NAAs classified as marginal to 
extreme are required under section 182(a)(1) of the Act to submit a 
final, comprehensive, accurate, and current inventory of the actual 
O3 season and weekday emissions from all sources within 2 years of 
enactment (November 15, 1992). The inventory must include both 
anthropogenic (man-made) and biogenic (natural) sources of volatile 
organic compound (VOC), nitrogen oxides (NOX), and carbon monoxide 
(CO). The inventory is to address actual VOC, NOX, and CO 
emissions for the area during peak O3 season, which is generally 
comprised of the summer months. All stationary point and area sources, 
as well as highway mobile sources within the nonattainment area, are to 
be included in the compilation. Available guidance for preparing 
emission inventories is provided in the General Preamble. See 57 FR 
13498 (April 16, 1992).

Summary of the SIP Revision and Criteria for This Action

A. Procedural Background
    USEPA must determine whether a submittal is complete and therefore 
warrants further USEPA review and action. See section 110(k)(1) and 57 
FR 13565 (April 16, 1992). USEPA's completeness criteria for SIP 
submittals are set out at 40 CFR part 51, appendix V (1991), as amended 
by 57 FR 42216 (August 26, 1991). USEPA attempts to make completeness 
determinations within 60 days of receiving a submission. However, a 
submittal is deemed complete by operation of law if a completeness 
determination is not made by USEPA 6 months after receipt of the 
submission.
    USEPA reviewed Wisconsin's emission inventory to determine 
completeness shortly after its submittal, in accordance with the 
completeness criteria set out at 40 CFR part 51, appendix V (1991), as 
amended by 57 FR 42216 (August 26, 1991). USEPA found the January 15, 
1993, submittal to be complete on March 16, 1993, and sent a letter 
dated March 24, 1993 to the Governor indicating the completeness of the 
submittal and the next steps to be taken in the review process.
    The Act requires States to observe certain procedural requirements 
in developing emission inventory submissions to USEPA. Section 
110(a)(2) of the Act provides that each emission inventory submitted by 
a State must be adopted after reasonable notice and public hearing.\1\ 
Section 110(a)(2) of the Act similarly provides that each revision to 
an implementation plan submitted by a State under the Act must be 
adopted by such State after reasonable notice and public hearing.\2\
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    \1\Also, section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
section 110(a)(2).
    \2\Memorandum from John Calcagni, Director, Air Quality 
Management Division, and William Laxton, Director, Technical Support 
Division, to Regional Air Directors, Region I-X, ``Public Hearing 
Requirements for 1990 Base-Year Emission Inventories for Ozone and 
Carbon Monoxide Nonattainment Areas,'' (September 29, 1992).
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    The State of Wisconsin held public hearings on January 12 and 13, 
1993, to hear public comment on the 1990 base year emission inventory 
for all six areas in Wisconsin designated nonattainment for O3. 
Following the public hearing, the inventory was adopted by the State 
and signed by the Governor's Designee, Donald F. Theiler, Director, 
Bureau of Air Management, Wisconsin Department of Natural Resource 
(WDNR) on January 15, 1993, and submitted to USEPA as a formal request 
for revision to the SIP.
    WDNR sent supplemental information to USEPA on July 21, 1993 and 
December 10, 1993, in response to USEPA's preliminary comments on the 
inventory.
    When reviewing the final inventory, USEPA used the Level I, II, and 
III, O3 nonattainment inventory quality review checklists provided 
by the OAQPS to determine the acceptance and approvability of the final 
emission inventory.
    USEPA's initial Level I review determined whether the basic 
inventory requirements set forth in the ``Emission Inventory 
Requirements for Ozone State Implementation Plans,'' EPA-450/4-91-010 
(March 1991) were present. The Level II review evaluated the emission 
inventory in more detail expanding on many of the questions found in 
the Level I review for each of the four general source types: 
stationary point and area sources, highway and non-highway (or non-
road) mobile sources. USEPA's Level II review evaluated the level of 
supporting documentation provided by the State for completeness, 
procedures and consistency for each of the emission source types 
according to current USEPA guidance, as well as data quality. A more 
detailed discussion of USEPA's Level I and II review findings are 
presented in the TSD.\3\
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    \3\See USEPA guidance document, ``Quality Review Guidelines for 
1990 Base Year Emissions Inventories,'' Office of Air Quality 
Planning and Standards (OAQPS), Research Triangle Park, NC, August 
1992.
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    The Level III review process outlined below consists of ten points 
that the inventory must include.\4\ For a base year emission inventory 
to be approvable it must pass all the following acceptance criteria:
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    \4\Memorandum from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, to Regional Air Division Directors, 
Region I-X, ``Emission Inventory Issues,'' June 24, 1993.
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    1. An approved Inventory Preparation Plan (IPP) was provided and 
the Quality Assurance (QA) Program contained in the IPP implemented was 
performed and its implementation documented.
    2. Adequate documentation was provided that enabled the reviewer to 
determine the estimation procedures and data sources used to develop 
the inventory.
    3. The point source inventory must be complete.
    4. Point source emissions must have been prepared or calculated 
according to USEPA guidance.
    5. The area source inventory must be complete.
    6. The area source emissions must have been prepared or calculated 
according to USEPA guidance.
    7. Biogenic emissions must have been prepared according to current 
EPA guidance or another approved technique.
    8. The method (e.g., Highway Performance Monitoring System (HPMS) 
or a network transportation planning model) used to develop VMT 
estimates must follow EPA guidance, which is detailed in the document, 
``Procedures for Emission Inventory Preparation, Volume IV: Mobile 
Sources'', U.S. Environmental Protection Agency, Office of Mobile 
Sources and Office of Air Quality Planning and Standards, Ann Arbor, 
Michigan, and Research Triangle Park, North Carolina, December 1992. 
The VMT development methods were adequately described and documented in 
the inventory report.
    9. The MOBILE model (or EMFAC model for California only) was 
correctly used to produce emission factors for each of the vehicle 
classes.
    10. Non-road mobile emissions were prepared according to current 
EPA guidance for all of the source categories.
    Based on USEPA's level III review findings, WDNR has satisfied all 
of USEPA's requirements for purposes of providing a comprehensive, 
accurate, and current inventory of actual emissions in the O3 NAA. 
A summary of USEPA's Level III findings is given below:
    1. The IPP and QA program have been approved and implemented. These 
were approved by a August 28, 1992, letter from Gary Gulezian, Region 5 
to Larry Bruss, WDNR.
    2. The documentation was adequate for all emission types 
(stationary point and area sources, and mobile sources) for the 
reviewer to determine the estimation procedures and data sources used 
to develop the inventory.
    3. The point source inventory was found to be complete.
    4. The point source emissions were estimated according to USEPA 
guidance.
    5. The area source inventory was found to be complete.
    6. The area source emissions were estimated according to USEPA 
guidance.
    7. The biogenic emissions were estimated using the BIOgenic Model 
for Emissions (BIOME), an equivalent technique approved by USEPA.
    8. The method used to development VMT estimates was adequately 
described and documented.
    9. The MOBILE model was used correctly.
    10. The non-road mobile emission estimates were correctly prepared 
according to current EPA guidance.
B. Emission Inventory
    The State of Wisconsin has met the requirements of section 
182(a)(1) of the Act by submitting a O3 SIP revision that includes 
a comprehensive, accurate, and current inventory of actual emissions 
from all sources of relevant pollutants in the NAAs, classified 
marginal to extreme. This section of the notice describes the adequacy 
of Wisconsin's inventory of actual emissions as required by section 
182(a)(1).
    The State of Wisconsin Department of Natural Resources (WDNR) 
submitted a 1990 base year emission inventory for six areas designated 
nonattainment for O3. Wisconsin's six areas designated 
nonattainment for O3 include a total of eleven (11) counties: 
Walworth (marginal), and Door (rural transport) counties; Kewaunee, 
Manitowoc, and Sheboygan counties (moderate); and the Milwaukee area 
which include the counties of Washington, Ozaukee, Waukesha, Milwaukee, 
Racine, and Kenosha (severe). The nonattainment boundaries for these 
areas are described in Federal Register notices dated November 6, 1991 
(56 FR 56852), and November 30, 1992 (57 FR 56778).
    The emissions inventory contains stationary point and area sources, 
highway and non-highway (or non-road) mobile source, and biogenic 
sources within the NAA. Emissions from these groupings of emission 
source types for the six O3 NAAs are presented below in the 
following tables, by pollutant (VOC, CO, and NOX), in units of 
tons per summer weekday:

                               VOC Emissions From All sources--Tons/Summer Weekday                              
----------------------------------------------------------------------------------------------------------------
                                                                       Highway    Non-road                      
                                                  Point       Area      mobile     mobile                Total  
                  Ozone NAA                       source     source   emissions  emissions   Biogenic  emissions
                                                emissions  emissions                                            
----------------------------------------------------------------------------------------------------------------
Door..........................................       0.00       5.62       2.35       4.24      26.02      38.23
Kewaunee......................................       0.86       1.76       1.33       0.83      20.97      25.75
Manitowoc.....................................       1.16       8.82       5.71       2.54      33.69      51.92
Sheboygan.....................................       6.74       9.69       6.11       3.07      26.76      52.37
Milwaukee.....................................      40.38     133.39     147.22      39.86      68.98     429.83
Walworth......................................       1.51       7.59       8.16       3.99      11.06     32.31 
                                               -----------------------------------------------------------------
      Total Emissions.........................      50.65     166.87     170.88      54.53     187.48    630.14 
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                            Daily CO Emissions From All Sources--Tons/Summer Weekday                            
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                                                                                           Non-road             
                                                         Point       Area      Highway      mobile      Total   
                      Ozone NAA                          source     source      mobile    emissions   emissions 
                                                       emissions  emissions   emissions                         
----------------------------------------------------------------------------------------------------------------
Door.................................................       0.00        1.8        18.56      20.53        40.17
Kewaunee.............................................       0.02       0.66         9.02       4.66        14.36
Manitowoc............................................       1.16       2.50        51.58      15.95        71.19
Sheboygan............................................      10.51       3.42        52.47      19.17        85.57
Milwaukee............................................      20.26      35.52       976.31     300.12     1,332.21
Walworth.............................................       0.19       2.15        64.39      22.35       89.08 
                                                      ----------------------------------------------------------
      Total Emissions................................      32.14      45.33      1172.33     382.78    1,632.58 
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                            Daily NOX Emissions From All Sources--Tons/Summer Weekday                           
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                                                                                  Highway    Non-road           
                                                             Point       Area      mobile     mobile     Total  
                        Ozone NAA                            source     source   emissions  emissions  emissions
                                                           emissions  emissions                                 
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Door.....................................................       0.00       0.33       4.20       1.45       5.98
Kewaunee.................................................       0.03       0.14       1.85       0.93       2.95
Manitowoc................................................       3.20       0.98      11.48       3.84      19.50
Sheboygan................................................      56.35       1.37      11.12       5.20      74.04
Milwaukee................................................     130.51      19.09     111.98      42.15     303.73
Walworth.................................................       0.54       0.78       8.19       3.68     13.19 
                                                          ------------------------------------------------------
      Total Emissions....................................     190.63      22.69     148.82      57.25    419.39 
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    In developing of these emission estimates, WDNR closely followed 
methodologies recommended by USEPA for the preparation of O3 
inventories. A more detailed discussion of how emission estimates were 
derived for the above groupings of emission source type is presented in 
the supporting TSD and inventory documentation.

II. Final Rulemaking Action

    USEPA approved the 1990 base year O3 emission inventory as 
meeting the requirements of section 182(a)(1) of the Act, as a revision 
to the O3 State Implementation Plan (SIP) for all areas in 
Wisconsin designated as nonattainment, classified marginal to extreme. 
These areas include counties of the Walworth, Door, Kewaunee, 
Manitowoc, Sheboygan, and the six county Milwaukee area (which includes 
Washington, Ozaukee, Waukesha, Milwaukee, Racine, and Kenosha).
    Because USEPA considers this action noncontroversial and routine, 
we are approving it without prior proposal. This action will become 
effective on August 15, 1994. However, if we receive adverse comments 
by July 15, 1994, then USEPA will publish:
    (1) A document that withdraws the action; and
    (2) Address the comments received in a subsequent final rule based 
on the proposal for approval of the requested SIP revision in the 
proposed rules section of this Federal Register. The public comment 
period will not be extended or reopened.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et al., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, USEPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    The SIP approvals under section 110 and subchapter I, part D, of 
the Act do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP-approval does not impose any new requirements, I certify 
that it does not have a significant impact on small entities affected. 
Moreover, due to the nature of the Federal-State relationship under the 
Act, preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Act forbids USEPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976).
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225). On January 6, 1989 the OMB waived 
Table 2 and Table 3 SIP revisions (54 FR 2222) from the requirements of 
section 3 of Executive Order 12291 for a period of 2 years. The USEPA 
has submitted a request for a permanent waiver for Table 2 and 3 SIP 
revisions. The OMB has agreed to continue the waiver until such time of 
USEPA's request. This request continues in effect under Executive Order 
12866 which superseded Executive Order 12291, on September 30, 1993.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to any SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: May 11, 1994.
Michelle D. Jordan,
Acting Regional Administrator.

    40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

    The authority citation for part 52 continues to read as follows:
    Authority: 42 U.S.C. 7401-7671q.

Subpart YY--Wisconsin

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


Sec. 52.2585  Control strategy: Ozone.

* * * * *
    (e) Approval--On January 15, 1993, the Wisconsin Department of 
Natural Resources submitted a revision to the ozone State 
Implementation Plan for the 1990 base year inventory. The inventory was 
submitted by the State of Wisconsin to satisfy Federal requirements 
under section 182(a)(1) of the Clean Air Act as amended in 1990 (the 
Act), as a revision to the ozone State Implementation Plan (SIP) for 
all areas in Wisconsin designated nonattainment, classified marginal to 
extreme. These areas include counties of Walworth, Door, Kewaunee, 
Manitowoc, Sheboygan, and the six county Milwaukee area (counties of 
Washington, Ozaukee, Waukesha, Milwaukee, Racine, and Kenosha).
* * * * *
[FR Doc. 94-14533 Filed 6-14-94; 8:45 am]
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