[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Rules and Regulations]
[Pages 39446-39448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19394]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI66-01-7242; FRL-5861-8]


Approval and Promulgation of Implementation Plans Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency is temporarily delaying 
the ozone attainment date for Manitowoc County from 1996 to 2007. This 
action suspends the automatic reclassification of Manitowoc County from 
moderate to serious nonattainment. Final approval of the new attainment 
date is dependent upon the results of an attainment demonstration for 
both upwind and downwind areas. Wisconsin is working toward completion 
of this attainment demonstration (which is due in mid-1997 for the Lake 
Michigan States) 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''.
    In this rulemaking, EPA is responding to Wisconsin's submittal of 
an overwhelming transport petition for Manitowoc County. Photochemical 
grid modeling was used to demonstrate that transport from upwind areas 
makes it ``practicably impossible'' for the county to attain the ozone 
National Ambient Air Quality Standard (NAAQS) by its original 
attainment date. EPA's action does not preclude the State of Wisconsin 
from submitting a request for redesignation to attainment for the 
county, based on three current years of clean air quality monitoring 
data.

DATES: This final rule will become effective on August 22, 1997.

ADDRESSES: 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.

[[Page 39447]]

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 delay of the 
attainment date (from 1996 to 2007) for three 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, the overwhelming transport request was applied 
solely to Manitowoc County.
    On May 5, 1997, EPA published a rulemaking proposing approval of 
the overwhelming transport petition for Manitowoc County. A discussion 
of EPA's overwhelming transport policy and the modeling submitted by 
Wisconsin to demonstrate overwhelming transport is included in that 
proposed rulemaking (62 FR 24380-24383). During the 30 day public 
comment period for this final rule, EPA received adverse comments from 
a private party, who took the position that EPA should redesignate 
Manitowoc County to attainment.

II. Public Comment/EPA Response

Private Citizen Comment 1

    Manitowoc County does not generate the air quality recorded at the 
Woodland Dunes ozone monitoring site.

EPA Response

    EPA's overwhelming transport policy applies to areas which are 
violating the ozone NAAQS due to emissions occurring upwind. Wisconsin 
has demonstrated through photochemical grid modeling that overwhelming 
transport of ozone and its precursors into Manitowoc County is 
occurring; further, Wisconsin has shown that eliminating emissions in 
Manitowoc County would not bring the area into attainment. For this 
reason, EPA is taking action in this notice to grant a temporary delay 
of the attainment date for Manitowoc County from the end of 1996 to the 
end of the year 2007. Because the attainment date is no longer the end 
of 1996, EPA has no basis to reclassify Manitowoc to a serious 
nonattainment area for failure to attain by the end of 1996. This will 
mean that the automatic regulatory requirements that would otherwise be 
applied to Manitowoc County were it reclassified to serious will not be 
implemented.

Private Citizen Comment 2

    If the Woodland Dunes monitor was moved inland, the area would meet 
the requirements for attainment.

EPA Response

    The ozone monitor at the Woodland Dunes site is part of the 
Photochemical Assessment Monitoring Station (PAMS) network. Its 
location was chosen to establish the extreme downwind concentrations of 
ozone and its precursors being transported from the Milwaukee 
metropolitan area. The high concentrations measured at this site are 
representative of the ozone being transported into this downwind area. 
As mentioned previously, Wisconsin has verified through modeling that 
overwhelming transport is occurring.
    Elevated concentrations are seen on high ozone days at the Woodland 
Dunes monitor; as the commenter points out, these concentrations are 
typically higher than those seen at the Manitowoc County inland monitor 
at the Collins Fire Tower. Ozone concentration measurements are needed 
from monitors along the lakeshore as well as inland to generate the 
information needed by EPA and Wisconsin to design strategies to reduce 
ozone and protect public health.

III. Final Action

    The State submittal demonstrated through modeling that emissions 
from the Manitowoc County moderate nonattainment area do not contribute 
to the predicted concentrations in that area. It further demonstrated 
that the high modeled concentrations are due to transport from upwind 
areas. 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 Manitowoc County moderate nonattainment area could show attainment 
by a specific date, EPA approves Wisconsin's request to temporarily 
allow the Manitowoc County moderate nonattainment area to use the 
upwind area's attainment date of November 15, 2007. This action does 
not preclude the State from submitting a request for redesignation to 
attainment for Manitowoc County based on the 3 most recent years of 
clean air quality monitoring data. Approval of a permanent delay of the 
attainment date will be dependent on the results of the attainment 
demonstration 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.

IV. 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. 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 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. 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,

[[Page 39448]]

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 
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 September 22, 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)).

Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(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: July 9, 1997.
David A. Ullrich,
Acting Regional Administrator.

    Parts 52 and 81 of chapter I, title 40 of the Code of Federal 
Regulations are 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 (l) to read as 
follows:


Sec. 52.2585  Control strategy: Ozone.

* * * * *
    (l) Wisconsin's November 15, 1994 request for a temporary delay of 
the ozone attainment date for Manitowoc County from 1996 to 2007 and 
suspension of the automatic reclassification of Manitowoc County to 
serious nonattainment for ozone is approved, based on Wisconsin's 
demonstration through photochemical grid modeling that transport from 
upwind areas makes it ``practicably impossible'' for the County to 
attain the ozone National Ambient Air Quality Standard by its original 
attainment date.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

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

    2. In Section 81.350, the ``Wisconsin--Ozone'' table is amended by 
revising the entry for Manitowoc County to read as follows:


Sec. 81.350  Wisconsin

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                                                                    Wisconsin--Ozone                                                                    
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                                                           Designation                                            Classification                        
            Designated area            -----------------------------------------------------------------------------------------------------------------
                                          Date \1\                   Type                               Date \1\                          Type          
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                   *                  *                  *                  *                  *                  *                  *                  
Manitowoc County Area.................       1/6/92  Nonattainment......................  Aug. 22, 1997......................  Moderate.\2\             
                                                                                                                                                        
                  *                  *                  *                  *                  *                  *                  *                   
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\1\ This date is November 15, 1990, unless otherwise noted.                                                                                             
\2\ Attainment date temporarily delayed until November 15, 2007.                                                                                        

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[FR Doc. 97-19394 Filed 7-22-97; 8:45 am]
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