[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Rules and Regulations]
[Pages 47088-47089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22144]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[WI55-02-7015; FRL-5289-5]


Approval of the State Implementation Plan; Wisconsin

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: On January 10, 1995, the United States Environmental 
Protection Agency (USEPA) proposed approval of the State Implementation 
Plan (SIP) revision request for the Milwaukee ozone nonattainment area 
(Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha 
counties), as submitted by the State of Wisconsin. The purpose of the 
revision is to offset any growth in emissions from growth in vehicle 
miles traveled (VMT), or number of vehicle trips, and to attain 
reduction in motor vehicle emissions, in combination with other 
measures, as needed to comply with Reasonable Further Progress (RFP) 
milestones of the Clean Air Act (Act). Wisconsin submitted the 
implementation plan revision to satisfy the statutory mandates, found 
in section 182 of the Act, which requires the State to submit a SIP 
revision that identifies and adopts specific enforceable Transportation 
Control Measures (TCM) to offset any growth in emissions from growth in 
VMT, or number of vehicle trips, in severe ozone nonattainment areas. 
The USEPA received no public comments on the above proposed approval. 
On May 5, 1995, USEPA finalized the first element of the VMT offset 
program for the Milwaukee area. This rule finalizes the approval of the 
second element of the VMT offset program for the Milwaukee area.

EFFECTIVE DATE: This action will be effective October 11, 1995.

ADDRESSES: Copies of the SIP revision, public comments and USEPA's 
responses are available for inspection at the following address: (It is 
recommended that you telephone Michael Leslie at (312) 353-6680 before 
visiting the Region 5 Office.) United States Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    A copy of this SIP revision is available for inspection at the 
following location: Office of Air and Radiation (OAR) Docket and 
Information Center (Air Docket 6102), room M1500, United States 
Environmental Protection Agency, 401 M Street SW., Washington, D.C. 
20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Michael G. Leslie, Regulation 
Development Section (AT-18J), Air Toxics and Radiation Branch, Air and 
Radiation Division, United States Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, Telephone 
Number (312) 353-6680.

SUPPLEMENTARY INFORMATION:

I. Background Information

    Section 182(d)(1)(A) of the Act requires States that contain severe 
ozone nonattainment areas to adopt transportation control measures and 
transportation control strategies to offset growth in emissions from 
growth in VMT or number of vehicle trips and to attain reductions in 
motor vehicle emissions (in combination with other measures) as needed 
to comply with the Act's RFP milestones and attainment requirements. 
The requirements for establishing a VMT Offset program are set forth in 
182(d)(1)(A) and discussed in the General Preamble to Title I of the 
Act (57 FR 13498 April 16, 1992).
    As described in the proposal, section 182(d)(1)(A) sets forth three 
elements that must be met by a VMT Offset SIP. Under USEPA's 
alternative interpretation, the three required elements of section 
182(d)(1)(A) are separable, and can be divided into three separate 
submissions that could be submitted on different dates. Section 179(a) 
of the Act, in establishing how USEPA would be required to apply 
mandatory sanctions if a State fails to submit a full SIP, also 
provides that the sanctions clock starts if a State fails to submit one 
or more SIP elements, as determined by the Administrator. The USEPA 
believes that this language provides USEPA the authority to determine 
that the different elements of the SIP submissions are separable. 
Moreover, given the continued timing problems addressed above, USEPA 
believes it is appropriate to allow States to separate the VMT Offset 
SIP into three elements, each to be submitted at different times: (1) 
The initial requirement to submit TCMs that offset growth in emissions; 
(2) the requirement to comply with the 15 percent periodic reduction 
requirement of the Act; and 3) the requirement to comply with the post-
1996 periodic reduction and attainment requirements of the Act.
    As noted in the January 10, 1995, proposal, the USEPA would not 
take final action on the second element until the State has submitted a 
complete 15 percent ROP plan. On July 13, 1995, the State of Wisconsin 
submitted a 15 percent ROP plan with fully enforceable rules that have 
been subject to public hearing. No TCMs were utilized in the ROP plan 
to meet the 15 percent reduction in emissions. On July 18, 1995, the 
USEPA determined that this ROP plan was complete.

II. Final Rulemaking Action

    In this action, USEPA is approving the second element of the VMT 
offset SIP revision submitted by the State of Wisconsin. The third 
element of the Wisconsin VMT offset SIP will also be the subject of a 
future rulemaking.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.
    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.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., 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. 

[[Page 47089]]
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. USEPA, 427 U.S. 246, 256-66 (1976).
    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 13, 1995. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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)).
    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (Unfunded Mandates Act), signed into law on March 22, 1995, 
EPA must assess whether various actions undertaken in association with 
proposed or final regulations include a Federal mandate that may result 
in estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    EPA's final action will relieve requirements otherwise imposed 
under the Clean Air Act and, hence does not impose any federal 
intergovernmental mandate, as defined in section 101 of the Unfunded 
Mandates Act. This action also will not impose a mandate that may 
result in estimated costs of $100 million or more to either State, 
local, or tribal governments in the aggregate, or to the private 
sector.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone.

    Dated: August 17, 1995.
Valdas V. Adamkus,
Regional Administrator.

    40 CFR part 52, is amended as follows:

PART 52--[AMENDED]

    1. 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 (h) to read as 
follows:


Sec. 52.2585  Control strategy: Ozone.

* * * * *
    (h) Approval--On November 15, 1993, the Wisconsin Department of 
Natural Resources submitted a revision to the ozone State 
Implementation Plan. The submittal pertained to a plan for forecasting 
VMT in the severe ozone nonattainment area of southeastern Wisconsin 
and demonstrated that Transportation Control Measures would not be 
necessary to meet the 15 percent Rate-of-Progress milestone.

[FR Doc. 95-22144 Filed 9-8-95; 8:45 am]
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