[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Proposed Rules]
[Pages 24380-24383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11628]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI66-01-7242; FRL-5821-1]


Approval and Promulgation of Implementation Plans; Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On November 15, 1994, the Wisconsin Department of Natural 
Resources (WDNR) submitted an overwhelming transport petition to the 
United States Environmental Protection Agency (EPA) requesting 
temporary suspension of the automatic reclassification to Serious 
Nonattainment and the delay of the attainment date (from 1996 to 2007) 
for three ozone Moderate Nonattainment Counties (Manitowoc, Sheboygan, 
and Kewaunee). However, on August 26, 1996, the counties of Sheboygan 
and Kewaunee were redesignated to attainment. As a result, this 
overwhelming transport request is being applied only to Manitowoc 
County. The petition is supported with results from photochemical grid 
modeling. Approval of the temporary attainment date delay will suspend 
the automatic reclassification of Manitowoc County from Moderate to 
Serious. Final approval of the new attainment date is dependent upon 
the results of an attainment demonstration for both the upwind and 
downwind areas. Approval of the attainment date delay petition does not 
preclude the State from submitting a request for redesignation to 
attainment for the county, based on 3 years of clean air quality 
monitoring data.

DATES: Comments on this request and on the proposed EPA action must be 
received by June 4, 1997.

ADDRESSES: Written comments should be addressed to: Carlton Nash, 
Chief, Regulation Development Section, Air Programs Branch (AR-18J), 
United States Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    Copies of the State's submittal and other information are available 
for inspection during normal business hours at the following location.
    Regulation Development Section, Air Programs Branch (AR-18J), 
United States Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Rick Tonielli, Air Programs Branch, 
Regulation Development Section (AR-18J), United States Environmental 
Protection Agency, Region 5, Chicago, Illinois 60604, (312) 886-6068.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 15, 1994, the Wisconsin Department of Natural Resources 
submitted a petition to the EPA requesting temporary suspension of the 
automatic reclassification to serious nonattainment and the delay of 
the attainment date (from 1996 to 2007) for 3 ozone Moderate 
Nonattainment Counties (Manitowoc, Sheboygan, and Kewaunee). On May 15, 
1996, the WDNR submitted a request for redesignation to attainment for 
the three moderate nonattainment areas based on 3 years of clean air 
quality data. On August 26, 1996, the counties of Sheboygan and 
Kewaunee were redesignated to attainment (61 FR 43668-43675). Manitowoc 
County was not redesignated to attainment due to violations of the 
ozone national ambient air quality standard (NAAQS) during the summer 
of 1996. As a result, this overwhelming transport request will be 
applied solely to Manitowoc County.

[[Page 24381]]

The November 15, 1994 petition from WDNR was submitted in response to 
EPA's September 1, 1994 guidance policy for areas affected by 
overwhelming transport. That Guidance, entitled ``Ozone Attainment 
Dates for Areas Affected by Overwhelming Transport'', describes the 
rationale used by EPA to temporarily revise the attainment date for 
areas affected by overwhelming transport, without bumping them up to a 
higher classification. In order for an area to qualify for an 
extension, the State must clearly demonstrate through modeling that 
transport from an area with a later attainment date makes it 
``practicably impossible'' for the area in question to attain the 
standard by its attainment date. The policy further states that 
``modeling must support the new attainment date, which should be as 
expeditious as practicable, but no later than the attainment date of 
the area causing the delay.'' The State must specify the new attainment 
date in its SIP.
    The September 1, 1994 guidance policy further states that ``an area 
can request, and EPA can approve, an attainment date extension separate 
from the attainment demonstration''. In other words, an area can be 
granted a temporary delay in its attainment date by demonstrating 
overwhelming transport even though attainment demonstrations for upwind 
and downwind areas are not yet complete. The policy goes on to state 
that ``EPA will take rulemaking action on such requests to temporarily 
suspend the original attainment date. Final approval of an attainment 
date extension--with a newly specified attainment date--will depend on 
the results of the attainment demonstrations for both the upwind and 
downwind areas.'' Wisconsin is working toward completion of an 
attainment demonstration in conjunction with Illinois, Indiana, and 
Michigan, following the Phase I/Phase II Ozone Transport Assessment 
Group approach outlined in EPA's March 2, 1995 guidance memorandum from 
Mary Nichols entitled ``Ozone Attainment Demonstrations''. The goal of 
this approach is to reduce the amount of transported ozone across the 
eastern United States through the implementation of regional, as well 
as urban scale, emission reductions. The attainment demonstration for 
the Lake Michigan States, including Wisconsin, is due in mid-1997.

II. Review of Modeling Demonstration to Support Attainment Date 
Extension

    The demonstration of the overwhelming transport was based on a 
protocol, dated September 23, 1994, that was developed by the Lake 
Michigan Air Directors Consortium (LADCO) for both the Western Michigan 
and Northeastern Wisconsin Moderate Nonattainment Areas petitioning for 
attainment date extensions. LADCO is an organization which provides 
technical support and guidance to the states of Illinois, Indiana, 
Michigan, and Wisconsin.

Methodology

    The modeling was performed using the Urban Airshed Model-Variable 
(UAM-V). The UAM-V model was approved by EPA for regulatory use in the 
Lake Michigan region. The model used boundary ozone conditions based on 
observed data. Wind field data were based on predictions from the 
CALRAMS prognostic meteorological model. Emissions were based on the 
Lake Michigan Ozone Study (LMOS) inventory. Details of the modeling 
input are included in the Technical Support Document and in the State 
submittal.
    The modeling analysis consisted of two basic steps:
    (1) UAM-V runs were used to demonstrate the effectiveness of 
mandatory control measures using 1996 Clean Air Act control measures 
and growth (Strategy 1). This strategy contains a variety of emission 
reduction measures for both stationary and mobile sources, as well as 
for formulation of gasoline. Runs were conducted for four 1991 LMOS 
episodes: (1) June 26-28, (2) July 17-19, (3) August 25-26, and (4) 
June 20-21.
    (2) When step 1 failed to show attainment in the Moderate 
Nonattainment areas, the State demonstrated overwhelming transport by 
determining the contribution made by the three Moderate Nonattainment 
counties to the peak ozone concentrations seen in the Wisconsin 
Moderate Nonattainment Areas. This was done by repeating Step 1 while 
zeroing out the NOX and anthropogenic volatile organic 
compound (VOC) emissions in the Moderate Nonattainment area and running 
UAM-V for LMOS episodes 1 and 3. Episodes 1 and 3 were chosen because 
the highest predicted and observed ozone concentrations in northeastern 
Wisconsin occurred during those episodes. Additionally, the predominant 
wind flow during these two episodes was from the southwest, which 
allowed an examination of transport from the upwind Chicago and 
Milwaukee severe nonattainment areas.

                                    Table 1.--Predicted Ozone Concentrations                                    
                                               [Parts per billion]                                              
----------------------------------------------------------------------------------------------------------------
                                                            Domain-wide peak                   WI moderate      
                                                ---------------------------------------  nonattainment area peak
                                                                                       -------------------------
                                                   Basecase      Step 1       Step 2       Step 1       Step 2  
----------------------------------------------------------------------------------------------------------------
Episode 1:                                                                                                      
    June 26....................................      \1\ 165      \2\ 158      \3\ 158      \4\ 137          137
    June 27....................................          151          143          143          102          104
    June 28....................................          142          134          134          105          106
Episode 2:                                                                                                      
    July 17....................................          148          141  ...........           98  ...........
    July 18....................................          162          157  ...........          109  ...........
    July 19....................................          160          155  ...........           88  ...........
Episode 3:                                                                                                      
    August 25..................................          128          127          127           93           92
    August 26..................................          158          150          150          136      \5\ 138
Episode 4:                                                                                                      
    June 20....................................          137          132  ...........           73  ...........
    June 21....................................          126          123  ...........           68  ...........
----------------------------------------------------------------------------------------------------------------
*Basecase--includes no emission reduction strategies.                                                           

[[Page 24382]]

                                                                                                                
\1\ The maximum Basecase ozone concentration predicted for the modeling domain (the area being modeled, which   
  includes upwind areas as well as the moderate nonattainment areas), 165 ppb, occurred during Episode 1, and   
  was located just east of Milwaukee, over Lake Michigan.                                                       
\2\ The maximum domain-wide Strategy 1 ozone concentration, 158 ppb, occurred during Episode 1, and was located 
  just east of Milwaukee, over Lake Michigan.                                                                   
\3\ The maximum domain-wide Strategy 1 ozone concentration with Wisconsin Moderate Area emissions zeroed out was
  158 ppb, occurred during Episode 1, and located just east of Milwaukee, over Lake Michigan.                   
\4\ The maximum WI Moderate Nonattainment Area ozone concentration with Strategy 1 emissions was 137 ppb and    
  occurred during Episode 1. This concentration was predicted in Sheboygan County.                              
\5\ The maximum WI Moderate Nonattainment Area Strategy 1 ozone concentration with Wisconsin Moderate Area      
  emissions zeroed out was 138 ppb and occurred during Episode 3. This concentration was predicted in Manitowoc 
  County.                                                                                                       

Results

    The numerical results of the step 1 and step 2 modeling are 
presented in Table 1. The numbers in the table were taken from plots of 
modeled output, (included in the State submittal) showing the spatial 
distribution of ozone concentrations for the various episodes and 
control assumptions.
    Table 1 clearly shows that the domain-wide peak concentrations and 
the Moderate Nonattainment Area peak concentrations are unaffected by 
emissions from Sheboygan, Manitowoc, and Kewaunee Counties. In each of 
the two episodes modeled with zeroed-out emissions for the three 
counties, the peak concentrations in those counties remained 
essentially unchanged and on a few days, resulted in slightly higher 
concentrations.

III. Proposed Rulemaking Action and Solicitation of Public Comment

    The State submittal demonstrated that emissions from the Wisconsin 
Moderate Nonattainment Area did not contribute to the exceedances 
predicted in that area for Episodes 1 and 3. It further demonstrated 
that the exceedances are due to transport from upwind areas. Two of the 
three counties originally in the moderate nonattainment area have since 
been redesignated to attainment based on 3 years of clean air quality 
data. Consequently, this petition applies only to Manitowoc County. 
Although the modeling analysis submitted by the State examined the 
impact of zeroing out emissions from all three counties, the results 
from that analysis remain valid now that the petition applies only to 
Manitowoc County. In other words, if zeroing out emissions in three 
counties had minimal domain-wide or local impact, zeroing out emissions 
from one county would also have minimal impact. Therefore, Manitowoc 
County could not demonstrate modeled attainment of the Ozone National 
Ambient Air Quality Standards by the required attainment date, November 
15, 1996, due to overwhelming transport from upwind areas that have a 
later attainment date of November 15, 2007. Because the upwind areas 
(e.g., Chicago and Milwaukee) do not have approved modeling analyses 
demonstrating that the WI Moderate Nonattainment Area could show 
attainment by a specific date, the EPA is proposing to approve the 
request to temporarily allow the Manitowoc County moderate 
nonattainment area to use the upwind area's attainment date of November 
15, 2007. Approval of a permanent delay of the attainment date will be 
dependent on the results of the attainment demonstration due in mid-
1997 for both the upwind and downwind areas, along with the additional 
provisions detailed in part II(B) of the attachment to the September 1, 
1994, guidance memorandum.
    The demonstration made by the State which shows that the current 
SIP emission reduction measures would be sufficient to achieve 
attainment by the moderate area attainment date but for the 
overwhelming amount of transported pollutants into the area is based on 
modeling results. Approval of the attainment date delay petition does 
not preclude the State from submitting a request for redesignation to 
attainment for Manitowoc County based on air quality monitoring data.
    Public comments are solicited on EPA'S proposed rulemaking action. 
Public comments received by June 4, 1997 will be considered in the 
development of EPA's final rulemaking action.

General Provisions

    Nothing in this action should be construed as permitting, 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.
    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, Acting Assistant 
Administrator for Air and Radiation. The Office of Management and 
Budget has exempted this regulatory action from Executive Order 12866 
review.

Regulatory Process

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. Secs. 603 and 
604). Alternatively, EPA 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.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act (CAA) 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 economic impact on any 
small entities.
    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995, 2 U.S.C. Secs. 1532, 1533, and 1535, EPA must undertake 
various actions in association with proposed or final rules that 
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.
    Through submission of the state implementation plan or plan 
revisions approved in this section, the State has elected to adopt the 
program provided for under section 110 of the Clean Air Act. The rules 
and commitments being approved under this section may bind State, 
local, and tribal governments to perform certain actions and also may 
ultimately lead to the private sector being required to perform certain 
duties. To the extent that the rules and commitments being approved by 
this action will impose or lead to the imposition of any mandate upon 
the State, local, or tribal governments either as the owner or operator 
of a source or as a regulator, or would impose or lead to the 
imposition of any mandate upon the private sector, EPA's action will 
impose no new requirements; such sources are already subject to these 
requirements under State law. Accordingly, no additional costs to

[[Page 24383]]

State, local, or tribal governments, or to the private sector, result 
from this action. The EPA has also determined that this action does not 
include a mandate that may result in estimated costs of $100 million or 
more to State, local, or tribal governments in the aggregate or to the 
private sector. Approval of Wisconsin's emissions inventories does not 
impose any new requirements or have a significant economic impact on 
small entities.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 7, 1997.
    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, Ozone, Volatile 
organic compounds, Nitrogen oxides.

    Authority: 42 U.S.C. 7401-7671(q).

    Dated: April 16, 1997.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 97-11628 Filed 5-2-97; 8:45 am]
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