[Federal Register Volume 61, Number 57 (Friday, March 22, 1996)]
[Rules and Regulations]
[Pages 11735-11738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6779]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[WI64-01-7169a; FRL-5437-3]


Approval and Promulgation of State Implementation Plan; 
Wisconsin; Rate-of-Progress and Contingency Plans

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: In this action, USEPA is approving a revision to the Wisconsin 
State Implementation Plan (SIP) for the purpose of satisfying the rate-
of-progress and contingency plan requirements of the Clean Air Act 
(Act) which will aid in ensuring the attainment of the national ambient 
air quality (NAAQS) for ozone.

DATES: This ``direct final'' rule will be effective May 21, 1996, 
unless USEPA receives adverse or critical comments by April 22, 1996. 
If the effective date is delayed, timely notice will be published in 
the Federal Register.

ADDRESSES: Comments may be mailed to: Carlton T. Nash, United States 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
Air Programs Branch (AR-18J), 77 West Jackson Boulevard, Chicago, 
Illinois, 60604.
    Copies of the documents relevant to this action are available at 
the above address for public inspection during normal business hours.

FOR FURTHER INFORMATION CONTACT: Brad J. Beeson at (312) 353-4779.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 15, 1990, Congress enacted amendments to the 1977 Clean 
Air Act (CAA); Public Law 101-549, 104 Stat. 2399, codified at 42 
U.S.C. 7401-7671q. Section 182(b)(1) of the CAA requires all ozone 
nonattainment areas classified as moderate and above to submit a SIP 
revision by November 15, 1993, which describes, in part, how these 
areas will achieve an actual emissions reduction of at least 15 percent 
during the first 6 years after enactment of the CAA (November 15, 
1996). Emissions and emissions reductions shall be calculated on a 
typical weekday basis for the ``peak'' 3-month ozone period (generally 
June through August).
    The 15 percent VOC emissions reduction required by November 15, 
1996 is defined within this document as ``rate-of-progress.'' 
Furthermore, the portion of the SIP revision that illustrates the plan 
for the achievement of the emissions reduction is subsequently defined 
in this document as the ``rate-of-progress plan.''
    In addition, section 172(c)(9) requires moderate and above areas to 
adopt contingency measures by November 15, 1993. The General Preamble 
states that the contingency measures generally must provide reductions 
of 3 percent of the emissions from the adjusted base year inventory. 
While all contingency measures must be fully adopted rules or measures, 
the State can use these measures in 2 different ways. The State can use 
its discretion to implement any contingency measures it wants before 
1996. Alternatively, the State may decide not to implement a measure 
until the area has failed to either make rate-of-progress or attain the 
national ambient air quality standards (NAAQS). In that situation, the 
reductions must be achieved in the year following that in which the 
failure has been identified.

II. Wisconsin's SIP Submittal

    The Act requires States to observe certain procedural requirements 
in developing implementation plans and plan revisions for submission to 
USEPA. Section 110(a)(2) of the Act provides that each implementation 
plan submitted by a State must be adopted after reasonable notice and 
public hearing. Section 110(l) 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.
    The State of Wisconsin held a public hearing on October 14, 1993, 
to receive public comment on the implementation plan for their moderate 
and above ozone nonattainment areas. Following the public hearing the 
plan was adopted by the State Natural Resources Board and signed by the 
Governor's designee, George Meyer on September 9, 1993, and submitted 
to USEPA on November 15, 1993 as a proposed revision to the SIP.
    The SIP revision was reviewed by USEPA 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). Because neither plan included fully adopted 
rules for all the measures listed in the plans, these submittals were 
deemed incomplete.
    On July 13, 1995, the State made a supplemental submittal which 
included fully adopted rules for both the rate-of-progress and 
contingency plan. On July 18, the State's SIP submittal was deemed 
complete.

III. The USEPA's Analysis of Wisconsin's Rate-of-Progress and 
Contingency Plans

    The USEPA has reviewed the State's submittal for consistency with 
the requirements of USEPA regulations. A summary of USEPA's analysis is 
provided below. More detailed support for approval of the State's 
submittal is contained in a Technical Support Document (TSD), dated 
January 10, 1996, which is available from the Region 5 Office, listed 
above.

A. Accurate Emission Inventory

    Sections 172(c)(3) and 182(b)(1) of the Act require that 
nonattainment plan provisions include a comprehensive, accurate, 
current inventory of actual emissions from all sources of relevant 
pollutants in the nonattainment area. Because the approval of such 
inventories is necessary to an area's rate-of-progress plan and 
attainment demonstration, the emission inventory must be approved prior 
to or with the rate-of-progress plan submission.
    On June 15, 1994, USEPA approved Wisconsin's base year inventory. 
Therefore, Wisconsin has a comprehensive, accurate, current inventory 
of actual emissions from all sources of relevant pollutants in the 
nonattainment area.

[[Page 11736]]


B. Calculation of the Adjusted Base Year Inventory

    The Act specifies the emission baseline from which the 15 percent 
reduction is calculated. This baseline value is termed the 1990 
adjusted base year inventory. Section 182(b)(1)(D) excludes from the 
baseline the emissions that would be eliminated by Federal Motor 
Vehicle Control Program (FMVCP) regulations promulgated by January 1, 
1990, and Reid vapor pressure (RVP) regulations (55 FR 23666, June 11, 
1990), which require maximum RVP limits in nonattainment areas during 
the peak ozone season.
    The adjusted base year inventory is determined by starting with the 
emission inventory, and then removing all biogenic emissions as well as 
emissions from sources located outside of the designated nonattainment 
boundary. The resulting inventory is termed the rate-of-progress base 
year inventory. The rate-of-progress base year inventory is then 
adjusted by removing the expected FMVCP and RVP reductions in order to 
derive the adjusted base year inventory.
    Wisconsin used USEPA's MOBILE5a emission factor model to correctly 
calculate its adjusted base year inventory. Wisconsin's documentation 
includes the actual 1990 motor vehicle emissions using 1990 vehicle 
miles traveled (VMT) and MOBILE5a emission factors, and the adjusted 
emissions using 1990 VMT and the MOBILE emission factors in calendar 
year 1996 with the appropriate RVP for the nonattainment area as 
mandated by USEPA. The plan includes adequate information on how the 
MOBILE5a model was run to calculate the expected emission reductions 
from FMVCP and RVP.
    As specified by the Act, section 182(b)(1)(B), preenactment banked 
emission credits were not included in any of Wisconsin's inventories.
    Provided below is a tabular summary of the emission inventories 
calculated above.

------------------------------------------------------------------------
                                                                   Tons 
                      Emissions inventory                        per day
------------------------------------------------------------------------
A. 1990 Base Year Emission Inventory...........................    559.9
B. 1990 Rate-of-Progress Inventory.............................    409.5
C. Emission Reductions from the pre-1990 FMVCP and Phase II RVP         
 expected by 1996..............................................     70.2
D. 1990 Adjusted Base Year Inventory (B-C).....................    339.3
------------------------------------------------------------------------

C. Required Reductions

    The adjusted base year inventory is multiplied by 0.15 to calculate 
the amount of the required rate-of-progress emission reduction. The 
amount of reductions necessary to meet the contingency plan requirement 
is 3 percent of the adjusted base year inventory. Therefore the 
adjusted base year inventory is multiplied by 0.03 to calculate the 
amount of required reductions for the contingency plan requirement.
    Shown below is a table summarizing the amount of required 
reductions for the rate-of-progress and contingency plans.

------------------------------------------------------------------------
                                                                   Tons 
                           Inventory                             per day
------------------------------------------------------------------------
1990 Adjusted Base Year Inventory..............................    339.3
Reduction for Rate-of-Progress Requirement.....................     50.9
Reduction for Contingency Requirement..........................     10.2
------------------------------------------------------------------------

    Therefore, to meet the rate-of-progress requirement, Wisconsin's 
plan must provide for at least a 50.9 tons per day (tpd) reduction, net 
of growth, in VOC emissions. In addition, to meet the contingency 
requirement, the State's plan must provide for at least a 10.2 tpd 
reduction, net of growth, in VOC emissions.
    Under section 182(b)(1)(D) of the Act, the following reductions are 
not creditable towards the rate-of-progress reductions: (1) FMVCP 
regulations promulgated by January 1, 1990; (2) RVP regulations; (3) 
RACT corrections; and (4) inspection and maintenance (I/M) corrections. 
Thus, the total expected reductions comprise the amount of reductions 
necessary to meet the rate-of-progress requirement and the expected 
reductions from the four noncreditable programs just described.
    Wisconsin has documented the correct amount for the total expected 
reductions in the nonattainment area by showing each step, discussing 
any assumptions made, and stating the origin of the number used in the 
calculations.

D. Projected Emission Inventory

    Emission projections for sources within an air basin are needed to 
determine if the rate-of-progress requirements in the Act are met and 
to determine if the area will attain the NAAQS by the applicable 
attainment date. The purpose of projecting the emission inventories 
into the future is not solely to predict what is likely to happen, but 
also to test the ability of the regulations in the control strategy to 
meet the rate-of-progress goals and attain the ozone NAAQS.
    Growth factors are not included in the calculations of the 1990 
adjusted base year inventory or the 1996 target. Growth factors are 
needed, however, to project emissions to 1996 for the rate-of-progress 
demonstration as part of the rate-of-progress plan.
    Wisconsin has included growth factors documenting assumptions made. 
The State's calculations for growth in the on-road mobile, industrial, 
and area source sectors is 11.6, 0.5, and 2.1 tpd respectively. These 
growth estimations were calculated in a manner consistent with USEPA's 
guidance.

E. Control Measures

    The revision submitted by the State lists a series of control 
measures projected to achieve a 63.8 tpd reduction in VOC emissions. 
See the table below for list of the measures and their associated 
reductions.

------------------------------------------------------------------------
                                                 Expected    Implemented
               Control measure                  reductions  by Nov. 1996
------------------------------------------------------------------------
On road mobile sector:                                                  
  94-96 tailpipe and evaporative.............         0.72       
  I/M and RFG (severe counties)..............        34.06       
I/M (Sheboygan County).......................         0.98       
ECO..........................................         1.57       
Federal detergent additive rule..............         0.57       
RFG--Class C (moderate counties).............         1.50              
RFG--Class B (severe counties)...............                           
                                                      5.66              
              Industrial Sector                                         
                                                                        
Wood furniture coating.......................         2.38       
Misc. wood product coating...................         0.91       

[[Page 11737]]
                                                                        
Yeast manufacturing..........................         0.73       
Screen printing controls.....................         0.12       
Foundries--gray iron and steel...............         0.06       
Industrial adhesives.........................         0.21       
Lithography..................................         0.58       
Degreasing...................................                           
                                                      2.01       
                 Area Sources                                           
                                                                        
AIM coatings.................................         3.77       
Autobody refinishing.........................         2.91       
RFG (off-road)...............................         1.56       
Federal non-road engine standards............         0.87       
Stage II vapor recovery......................         7.70       
Traffic markings.............................         3.62       
Gas station tank breathing...................         0.91       
Consumer and commercial products.............         2.80       
------------------------------------------------------------------------



F. Rate-of-Progress and Contingency Plan Demonstrations

    Overall, a State's rate-of-progress and contingency plans must 
provide for an 18 percent reduction in VOC emissions, of which rules 
for 15 percent must be implemented by November 15, 1996. For Wisconsin 
this means that at a minimum the State's plan must provide for a 61.1 
tpd reduction in VOCs, of which at least 50.9 tpd of these reductions 
must be achieved by November 15, 1996.
    The State's plan provides for a 62.0 tpd reduction, net of growth, 
in VOCs of which 54.8 tpd will be accomplished by November 15, 1996. 
For measures not implemented by 1996, Wisconsin's SIP clearly states 
the trigger mechanisms, a schedule of the implementation of the 
measures, and an indication that the measures will be implemented with 
no further action by the State or USEPA (e.g., additional rulemaking 
actions such as public hearings or legislative review). Therefore the 
State's plan meets the minimum program requirements.

G. Enforceability Issues

    All measures and other elements in the SIP must be enforceable by 
the State and USEPA (see sections 172(c)(6), 110(a)(2)(A) of the Act, 
and 57 FR 13556). The USEPA criteria addressing the enforceability of 
SIP's and SIP revisions were stated in a September 23, 1987 memorandum 
(with attachments) from J. Craig Potter, Assistant Administrator for 
Air and Radiation (see 57 FR 13541). Nonattainment area plan provisions 
must also contain a program that provides for enforcement of the 
control measures and other elements in the SIP [see section 
110(a)(2)(C) of the Act].
    Each rule has been or will be independently reviewed and approved 
by USEPA as part of the State's SIP. Part of this review process 
includes a review of the enforceability of the rule. Rules that are not 
enforceable will not be approved by USEPA.

H. Concluding Statement

    The USEPA has reviewed Wisconsin's rate-of-progress and contingency 
plan SIP revisions submitted to USEPA as described above. The materials 
contained in these SIP revisions represent an acceptable approach to 
the rate-of-progress and contingency plan requirements and meet all the 
criteria required for approvability.

IV. Action

    The USEPA approves Wisconsin's rate-of-progress and contingency 
plan SIP submittals. With this action, USEPA incorporates Wisconsin's 
rate-of-progress and contingency plan SIP revision into the SIP, making 
them federally enforceable.
    For the purposes of transportation conformity determinations, final 
approval of this rate-of-progress plan revision would eliminate the 
need for a build/no-build test for VOC for the 1996 analysis year. 
However, for analysis years later than 1996, conformity determinations 
addressing VOC must demonstrate consistency with this plan revision's 
motor vehicle emissions budget, consistency with the VOC motor vehicle 
emissions budget in the submitted (but not yet approved) attainment 
demonstration (if any), and satisfaction of the build/no-build test 
(until the attainment demonstration is approved). Final approval of 
this rate-of-progress plan revision would not eliminate the need for a 
build/no-build test for NOX for the 1996 analysis year.
    Because USEPA considers this action noncontroversial and routine, 
we are approving it without prior proposal. This action will become 
effective on May 21, 1996. However, if we receive significant adverse 
comments by April 22, 1996, USEPA will publish a notice that modifies 
or withdraws this action.

V. Miscellaneous.

A. Applicability to Future SIP Decisions

    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. The USEPA shall consider each request for revision to the SIP in 
light of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

B. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from E.O. 12866 review.

C. Regulatory Flexibility.

    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 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.
    This approval does not create any new requirements. Therefore, I 
certify that this action does not have a significant impact on any 
small entities

[[Page 11738]]
affected. Moreover, due to the nature of the Federal-State relationship 
under the Act, preparation of the regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of the 
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).

D. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, USEPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to state, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, USEPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires USEPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The USEPA has determined that the approval action promulgated today 
does not include a Federal 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.
    This Federal action approves pre-existing requirements under state 
or local law, and imposes no new Federal requirements. Accordingly, no 
additional costs to state, local, or tribal governments, or the private 
sector, result from this action.

E. Petitions for Judicial Review

    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 May 21, 1996. 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)).

List of Subjects in 40 CFR Part 52

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

    Dated: January 26, 1996.
Valdas V. Adamkus,
Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations 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 52.2570 is amended by adding paragraph (c)(87) to read 
as follows:


Sec. 52.2570  Identification of plan.

* * * * *
    (c) * * *
    (91) The State of Wisconsin requested a revision to the Wisconsin 
State Implementation Plan (SIP). This revision is for the purpose of 
satisfying the rate-of-progress requirement of section 182(b) and the 
contingency measure requirement of section 172(c)(9) of the Clean Air 
Act (Act) which will aid in ensuring the attainment of the national 
ambient air quality standard (NAAQS) for ozone.
    (i) Incorporation by reference.
    (A) Wisconsin Statutes, sections 144.31(1)(e) and (f), enacted on 
April 30, 1992, by Wisconsin Act 302.

[FR Doc. 96-6779 Filed 3-21-96; 8:45 am]
BILLING CODE 6560-50-P