[Federal Register Volume 68, Number 74 (Thursday, April 17, 2003)]
[Rules and Regulations]
[Pages 18883-18890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9347]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WI114-01-7344a, FRL-7484-2]


Approval and Promulgation of Air Quality Implementation Plans and 
Designation of Areas for Air Quality Planning Purposes; Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is making a determination that Manitowoc and Door 
Counties in Wisconsin have attained the one-hour ozone National Ambient 
Air Quality Standard (NAAQS), and we are approving the State of 
Wisconsin's request to redesignate Manitowoc and Door Counties to 
attainment for ground level ozone. In approving this redesignation 
request, we are also approving the State's plan for maintaining the 
one-hour ozone standard for the next 10 years as a revision to the 
Wisconsin State Implementation Plan (SIP). We are notifying the public 
that we believe the motor vehicle emissions budgets for volatile 
organic compounds (VOC) and oxides of nitrogen (NOX) in the 
maintenance plan for Manitowoc and Door Counties are adequate for 
conformity purposes and approvable as part of the maintenance plan. In 
this direct final rule, we are also approving a 1999 periodic inventory 
for the Milwaukee-Racine ozone nonattainment area. The Wisconsin 
Department of Natural Resources (WDNR) submitted the redesignation 
request and SIP revisions on January 28, 2003, and submitted additional 
information on February 5, 2003 and February 27, 2003.

DATES: This rule is effective on June 16, 2003, unless EPA receives 
adverse written comments by May 19, 2003. If EPA receives adverse 
comments, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: You may inspect copies of the documents relevant to this 
action during normal business hours at the following location: 
Regulation Development Section, Air Programs Branch, (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. Please contact Kathleen D'Agostino at (312) 
886-1767 before visiting the Region 5 office.
    Send written comments to: Carlton Nash, Chief, Regulation 
Development Section, Air Programs Branch, (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-1767.

SUPPLEMENTARY INFORMATION: This Supplementary Information section is 
organized as follows:

I. What Has Wisconsin Submitted?
    A. Redesignation of Manitowoc and Door Counties and SIP Revision 
for Maintaining the One-Hour Ozone Standard
    1. Why Has the State Made this Submission?
    2. What Criteria Are EPA Using in Reviewing the State's 
Submission?
    3. Is the State's Submission Consistent With the Clean Air Act?
    B. 1999 Periodic Emissions Inventory for the Milwaukee-Racine 
Area
II. What Action Is EPA Taking?
III. Is This Action Final, or May I Submit Comments?
IV. What Statutory and Executive Order Reviews Did EPA Conduct?

I. What Has Wisconsin Submitted?

    On January 28, 2003, the WDNR submitted a revision to its SIP for 
ozone. Additional information pertaining to the SIP was submitted on 
February 5, 2003 and February 27, 2003. This SIP revision contained 
four components: (1) A request to redesignate Manitowoc and Door 
Counties to attainment for ozone and a plan to ensure maintenance of 
the ozone standard through 2013, (2) the 1999 periodic inventory for 
the Milwaukee-Racine area, (3) maintenance plan updates for Sheboygan 
and Kewaunee Counties, and (4) new transportation conformity budgets 
based on the MOBILE6 emissions model for the Milwaukee-Racine and 
Sheboygan areas. This direct final action will address the 
redesignation request and maintenance plan for Manitowoc and Door 
Counties and the 1999 periodic inventory for the Milwaukee-Racine area. 
The maintenance plan updates for Kewaunee and Sheboygan Counties and 
the new transportation conformity budgets for the Milwaukee-Racine and 
Sheboygan areas will be addressed in a separate action.

A. Redesignation of Manitowoc and Door Counties and SIP Revision for 
Maintaining the One-Hour Ozone Standard

1. Why Has the State Made This Submission?
    In accordance with requirements of the Clean Air Act as amended in 
1990 (Act), Manitowoc and Door Counties were designated as ozone 
nonattainment areas on November 6, 1991 (56 FR 56850). At that time 
Manitowoc was classified as a moderate ozone nonattainment area and 
Door County was classified as a rural transport marginal) ozone 
nonattainment area. The nonattainment designations were based on 
monitored violations of the NAAQS for ozone.
    Recent air quality data shows that both counties are attaining the 
ozone NAAQS. Therefore, on January 28, 2003, the WDNR submitted a 
request to redesignate the areas to attainment for ozone and a 
maintenance plan to ensure attainment through 2013.
2. What Criteria Are EPA Using in Reviewing the State's Submission?
    The Act establishes the requirements for redesignating a 
nonattainment area to attainment. Specifically, section 107(d)(3)(E) 
allows for redesignation providing that:
    (1) The Administrator determines that the area has attained the 
NAAQS;
    (2) The State containing such area has met all requirements 
applicable to the area under section 110 and Part D;
    (3) The Administrator has fully approved the applicable 
implementation plan for the area under section 110(k);
    (4) The Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable implementation plan and 
applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions; and
    (5) The Administrator has fully approved a maintenance plan for the 
area as meeting the requirements of section 175A.
    The EPA provided guidance on redesignation in the General Preamble 
for the Implementation of Title I of the CAA Amendments of 1990, on 
April 16, 1992 (57 FR 13498) and supplemented on April 28, 1992 (57 FR 
18070). The

[[Page 18884]]

EPA has provided further guidance on processing redesignation requests 
in the following documents:
    (1) ``Part D New Source Review (part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Mary D. Nichols, Assistant 
Administrator for Air and Radiation, October 14, 1994.
    (2) ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993.
    (3) ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on 
or after November 15, 1992,'' Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation, September 17, 1993.
    (4) ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act Deadlines,'' John Calcagni, Director, Air Quality 
Management Division, October 28, 1992.
    (5) ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' John Calcagni, Director, Air Quality Management Division, 
September 4, 1992.
    (6) ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' G.T. Helms, Chief, Ozone/Carbon Monoxide Programs 
Branch, June 1, 1992.
    (7) State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990 (57 
FR 13498), April 16, 1992.
3. Is the State's Submission Consistent With the Clean Air Act?
    The following paragraphs discuss each of these criteria with 
respect to Wisconsin's request to redesignate Manitowoc and Door 
Counties to attainment for ozone:
    a. The area has attained the applicable NAAQS;
    b. The area has met all relevant requirements under section 110 and 
part D of the Act;
    c. The area has a fully approved SIP under section 110(k) of the 
Act;
    d. The air quality improvement is permanent and enforceable;
    e. The area has a fully approved maintenance plan pursuant to 
section 175A of the Act.
a. Attainment of the Ozone NAAQS
    According to the September Calcagni memorandum, for ozone, an area 
is considered attaining the NAAQS if there are no violations, as 
determined in accordance with the regulation codified at 40 CFR 50.9, 
based on three consecutive calendar years of complete, quality assured 
monitoring data. A violation occurs when the ozone air quality 
monitoring data show greater than one (1.0) average expected exceedance 
per year at any site in the area. An exceedance occurs when the maximum 
hourly ozone concentration exceeds 0.124 parts per million (ppm). The 
data should be collected and quality-assured in accordance with 40 CFR 
part 58, and recorded in the Aerometric Information Retrieval System 
(AIRS) so that it is available to the public for review.
    The Wisconsin request is based on an analysis of ozone air quality 
data from 1999-2002 as reported in AIRS. The State collected this data 
in an EPA approved, quality assured, National Air Monitoring System 
monitoring network. Table 1 below summarizes this air quality data.

                                  Table 1.--Ambient Air Quality Monitoring Data for 1999-2002 Extracted From AIRS (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                       No.
             Site ID                    Site name              County           Year     1st Max    2nd Max    3rd Max    4th Max     exceed    3 yr avg
--------------------------------------------------------------------------------------------------------------------------------------------------------
55-029-0004......................  Newport............  Door...............       1999       .123       .112       .109       .109          0  .........
                                                                                  2000       .108       .095       .095       .092          0  .........
                                                                                  2001       .125       .113       .109       .107          1        0.3
                                                                                  2002       .113       .110       .108       .100          0        0.3
55-071-0004......................  Collins............  Manitowoc..........       1999       .122       .109       .101       .097          0  .........
                                                                                  2000       .091       .090       .080       .078          0  .........
                                                                                  2001       .112       .112       .109       .107          0          0
                                                                                  2002       .105       .098       .093       .091          0          0
55-071-0007......................  Manitowoc..........  Manitowoc..........       1999       .130       .115       .107       .106          1  .........
                                                                                  2000       .111       .092       .092       .091          0  .........
                                                                                  2001       .120       .110       .109       .108          0        0.3
                                                                                  2002       .101       .100       .099       .095          0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    During the 1999-2002 time period, the Newport monitor in Door 
county recorded only one exceedance of the ozone NAAQS, resulting in a 
three year average of 0.3 exceedances per year for both 1999-2001 and 
2000-2002. During the 1999-2002 time period, the Collins monitor in 
Manitowoc County recorded no exceedances of the ozone NAAQS, and the 
Manitowoc monitor in Manitowoc county recorded only one exceedance of 
the ozone NAAQS. For Manitowoc County, this resulted in a three year 
average of 0.3 exceedances per year for 1999-2001 and 0 exceedances per 
year for 2000-2002. The data demonstrates that the areas are monitoring 
attainment of the 1-hour ozone NAAQS.
    As a result, the areas meet the first statutory criterion for 
redesignation to attainment of the ozone NAAQS. The State has committed 
to continue monitoring in the areas in accordance with 40 CFR part 58. 
(If, however, complete quality assured data show violations of the 
ozone NAAQS before the final EPA action on this redesignation, the 
area(s) will no longer qualify for redesignation).
b. Meeting Applicable Requirements of Section 110 and Part D
    In November 1991, Manitowoc and Door Counties were designated 
nonattainment for ozone and classified as moderate and rural transport 
(marginal) areas, respectively. As a result of this designation, the 
WDNR was required to submit State Implementation Plans (SIP) that meet 
the requirements of the Act and demonstrate attainment and maintenance 
of the ozone NAAQS.
    The status of all required SIP elements follows:

[[Page 18885]]

Section 110 Requirements
    Section 110(a)(2) of the Act lists general elements to be included 
in each SIP after adoption by the State and reasonable notice and 
public hearing. The elements include, but are not limited to, 
provisions for establishment and operation of appropriate devices, 
methods, systems and procedures necessary to monitor ambient air 
quality; implementation of a permit program as required in Parts C 
(prevention of significant deterioration (PSD)) and D (New Source 
Review (NSR)) of the Act; criteria for stationary source emission 
control measures, monitoring, and reporting; provisions for modeling; 
and provisions for public and local agency participation. For purposes 
of redesignation, EPA reviewed the Manitowoc and Door county SIPs and 
determined that the individual SIPs are consistent with the 
requirements of section 110 of the Act.
Part D Requirements
    Before EPA may redesignate Manitowoc and Door Counties to 
attainment, the SIPs must have fulfilled the applicable requirements of 
Part D. Under Part D, an area's classification determines the 
requirements to which it is subject. Subpart 1 of Part D sets forth the 
basic nonattainment requirements applicable to all nonattainment areas. 
Subpart 2 of Part D establishes additional requirements for ozone 
nonattainment areas classified under table 1 of section 181(a). As 
described in the General Preamble, specific requirements of subpart 2 
may override subpart 1's general provisions (57 FR 13501 (April 16, 
1992)). On November 6, 1991 (56 FR 56694), Manitowoc and Door Counties 
were designated as nonattainment and classified as moderate and rural 
transport (marginal), respectively. Therefore, to be redesignated to 
attainment, the State must meet the applicable requirements of subpart 
1 of Part D--specifically sections 172 and 176, as well as the 
applicable requirements of subpart 2 of Part D.
Subpart 1 of Part D
    Section 172(c) sets forth general requirements applicable to all 
nonattainment areas. Under 172(b), the section 172(c) requirements are 
applicable as determined by the Administrator, but no later than 3 
years from the date of the nonattainment designation. As discussed 
below, Wisconsin has satisfied the section 172(c) requirements.
    (1) Section 172(c)(1) requires nonattainment areas to provide for 
the implementation of all reasonably available control measures (RACM) 
as expeditiously as practicable. EPA approved Wisconsin's RACM 
demonstration on November 13, 2001 (66 FR 56931).
    (2) Section 172(c)(2) requires an area to submit a SIP providing 
for reasonable further progress (RFP). This requirement was superseded 
by the 15 percent RFP plan required under section 182(b)(1). EPA 
approved Wisconsin's RFP SIP on March 22, 1996 (61 FR 11735).
    (3) Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate, and current inventory of actual emissions. The 
requirement was superseded by the inventory requirement in section 
182(a)(1). The WDNR submitted such an inventory on November 15, 1992. 
It was approved on June 15, 1994 (59 FR 30702).
    (4) Section 172 (c)(4) requires the quantification of emissions 
that will be allowed from the construction of major new or modified 
stationary sources. 172(c)(5) requires permits for the construction and 
operation of new and modified major stationary sources anywhere in the 
nonattainment area. Section 182(a)(4) requires all major new sources or 
modifications in a marginal nonattainment area to achieve offsetting 
reductions of volatile organic compounds (VOC) at a ratio of at least 
1.1 to 1.0. Section 182(b)(5) requires all major new sources or 
modifications in a moderate nonattainment area to achieve offsetting 
reductions of VOCs at a ratio of at least 1.15 to 1.0. The WDNR 
submitted nonattainment area NSR rules on November 15, 1992. EPA 
approved Wisconsin's rules on January 18, 1995, (60 FR 3538). The State 
PSD program will become effective in Manitowoc and Door Counties upon 
redesignation to attainment. EPA delegated the PSD program to WDNR on 
November 4, 1987.
    (5) Section 172(c)(9) requires the state to provide for the 
implementation of contingency measures if the area fails to make 
reasonable further progress or attain the NAAQS. EPA approved the 
State's contingency measures on March 22, 1996 (61 FR 11735).
    Section 176(c) of the Act requires States to establish criteria and 
procedures to ensure that Federally supported or funded projects 
conform to the air quality planning goals in the applicable State SIP. 
The requirement to determine conformity applies to transportation 
plans, programs and projects developed, funded or approved under title 
23 U.S.C. or the Federal Transit Act (``transportation conformity''), 
as well as to all other Federally supported or funded projects 
(``general conformity''). Section 176 further provides that state 
conformity revisions must be consistent with Federal conformity 
regulations that the Act required the EPA to promulgate. EPA approved 
Wisconsin's general and transportation conformity SIPs on July 29, 1996 
(61 FR 39329) and August 27, 1996 (61 FR 43970), respectively. The on-
highway motor vehicle budgets for Door County are 0.74 tons of VOC/day 
and 1.17 tons of NOX/day, based on the area's 2013 level of 
emissions. The on-highway motor vehicle budgets for Manitowoc County 
are 1.89 tons of VOC/day and 3.59 tons of NOX/day, based on 
the area's 2013 level of emissions. Door and Manitowoc Counties must 
use the motor vehicle emissions budgets from the maintenance plan in 
any conformity determination that is effective on or after the 
effective date of the maintenance plan approval.
Subpart 2 of Part D
    Door County is a rural transport (marginal) ozone nonattainment 
area and is subject to the section 182(a) requirements. Manitowoc 
County is a moderate ozone nonattainment area and is subject to the 
section 182(a), 182(b), and 182(f) requirements. The following 
discussion describes each of these requirements, as well as Door and 
Manitowoc Counties' approval status for each item.
    (1) The emission inventory required by section 182(a)(1) was 
approved on June 15, 1994 (59 FR 30702).
    (2) The RACT corrections required by section 182(a)(2)(A) were 
approved on August 15, 1994 (59 FR 41709) and April 27, 1995 (60 FR 
20643).
    (3) The section 182(a)(2)(B) motor vehicle inspection and 
maintenance (I/M) requirement is not applicable to Manitowoc or Door 
Counties since the areas were not required to implement I/M prior to 
the enactment of the 1990 Amendments.
    (4) The NSR rules required by section 182(a)(C), the offset ratio 
of 1.1 to 1 required by section 182(a)(4) for Door County, and the 
offset ratio of 1.15 to 1 required by section 182(b)(5) for Manitowoc 
County were approved on January 18, 1995 (60 FR 3538).
    (5) The emission statement SIP required by section 182(a)(3)(B) was 
approved on December 6, 1993 (58 FR 64155).
    (6) The 15 percent RFP plan required under section 182(b)(1) was 
approved on March 22, 1996 (61 FR 11735).
    (7) The attainment demonstration required by section 182(b)(1) was

[[Page 18886]]

approved on November 13, 2001 (66 FR 56931).
    (8) The VOC RACT requirements of section 182(b)(2) were approved as 
follows: primary submittal on August 15, 1994 (59 FR 41709) and April 
27, 1995 (60 FR 20643); yeast manufacturing, molded wood parts or 
products coating, and wood door finishing on June 30, 1995 (60 FR 
34170); screen printing and negative declarations on July 28, 1995 (60 
FR 38722); iron and steel foundries on February 13, 1996 (61 FR 5514); 
wood furniture coating on April 4, 1996 (61 FR 14972); lithographic 
printing on April 9, 1996 (61 FR 105706); industrial adhesives on April 
25, 1996 (61 FR 18257); and industrial solvent cleaning, plastic parts 
coating, and ink manufacturing on November 13, 2001 (66 FR 56931).
    (9) The Stage II gasoline vapor recovery rules required by section 
182(b)(3) were approved on August 13, 1993 (58 FR 43080).
    (10) The motor vehicle inspection and maintenance (I/M) requirement 
to satisfy section 182(b)(4) is not applicable for Manitowoc County 
because there are no urbanized areas in Manitowoc County exceeding the 
population threshold specified in EPA's I/M rule (51 CFR Part 350).
    (11) On July 13, 1994, Wisconsin submitted a section 182(f) 
NOX petition to be relieved of the section 182(f) 
NOX requirements based on urban airshed modeling (UAM). The 
modeling showed that NOX emission reductions would not 
contribute to attainment of the ozone standard. EPA approved the 
section 182(f) petition on January 26, 1996 (61 FR 2428). On November 
13, 2001 (66 FR 56931), EPA approved a revision to the 182(f) exemption 
which states that NOX emission reductions other than those 
contained in the attainment demonstration are not necessary for 
attainment. A NOX waiver remains in effect for the areas.
c. Fully Approved SIP Under Section 110(k) of the Act
    Wisconsin has presented an adequate demonstration that the State 
has met all the requirements applicable to the areas under section 110 
and part D. EPA has approved all relevant portions of the Wisconsin SIP 
for Manitowoc and Door Counties.
d. Improvement in Air Quality Due to Permanent and Enforceable Measures
    The State must be able to reasonably attribute the improvement in 
air quality to emission reductions which are permanent and enforceable. 
To satisfy this requirement, the State has calculated the change in 
emissions between 1990 and 1999 and has documented specific permanent 
and enforceable programs responsible for emission reductions over this 
time period.
    Wisconsin is using 1990 for the nonattainment inventory because it 
is one of the years used to determine the design value of the areas for 
designation and classification. The 1990 inventory is based on the 1990 
Base Year Emissions Inventory required by section 182(a)(1) and 
approved by EPA on June 15, 1994 (59 FR 30702). For comparison, the 
state developed a baseline inventory for 1999, one of the years the 
areas monitored attainment.
    For the 1990 through 1999 time period, the state has quantified 
emission reductions from the following permanent and enforceable 
measures: Federal ``Tier 0'' vehicle standards; 1992 gasoline Reid 
vapor pressure change; Federal ``Tier 1'' vehicle standards; Federal 
architectural, industrial and maintenance coatings rule; Federal 
consumer and commercial products rule; autobody refinishing rule; Stage 
II vapor recovery; traffic markings rule; gasoline station tank 
breathing rule; Federal non-road engine standards; wood furniture 
coating rule; miscellaneous wood products coating rule; industrial 
adhesives rule; lithographic printing rule; and plastic parts coating 
rule.
    Based on the inventories described above, Wisconsin's submittal 
documents changes in VOC and NOX emissions from 1990 to 1999 
for each county. Those changes in emissions are shown in tables 2 
through 5 below.\1\
---------------------------------------------------------------------------

    \1\ Any discrepancies between the table totals and the sum of 
their constituent values are due to rounding conventions. The sector 
totals were actually figured to three decimal places, summed, and 
then rounded to two decimal places to obtain the total emissions.

         Table 2.--Door County 1990-1999 VOC Emission Reductions
                             [tons per day]
------------------------------------------------------------------------
                                                              Net change
                  Sector                     1990     1999    1990-1999
------------------------------------------------------------------------
Point....................................     0.00     0.14         0.14
Area.....................................     5.92     2.61        -3.31
Non-Road Mobile..........................     4.15     4.41         0.26
Mobile...................................     3.34     1.73        -1.61
                                          ----------
  Total..................................    13.41     8.89        -4.52
------------------------------------------------------------------------


         Table 3.--Door County 1990-1999 NOX Emission Reductions
                             [tons per day]
------------------------------------------------------------------------
                                                              Net change
                  Sector                     1990     1999    1990-1999
------------------------------------------------------------------------
Point....................................     0.00     0.02         0.02
Area.....................................     0.54     0.35        -0.19
Non-Road Mobile..........................     0.84     1.02         0.18
Mobile...................................     3.23     2.69        -0.54
                                          ----------
  Total..................................     4.61     4.07        -0.54
------------------------------------------------------------------------


      Table 4.--Manitowoc County 1990-1999 VOC Emission Reductions
                             [tons per day]
------------------------------------------------------------------------
                                                              Net change
                  Sector                     1990     1999    1990-1999
------------------------------------------------------------------------
Point....................................     1.16     1.92         0.76
Area.....................................     9.40     6.28        -3.12
Non-Road Mobile..........................     2.26     2.34         0.08
Mobile...................................     9.16     4.36        -4.80
                                          ----------
  Total..................................    21.98    14.90        -7.08
------------------------------------------------------------------------


      Table 5.--Manitowoc County 1990-1999 NOX Emission Reductions
                             [tons per day]
------------------------------------------------------------------------
                                                              Net change
                  Sector                     1990     1999    1990-1999
------------------------------------------------------------------------
Point....................................     3.20     3.39         0.19
Area.....................................     1.57     1.06        -0.51
Non-Road Mobile..........................     1.91     2.47         0.56
Mobile...................................     8.81     7.93        -0.88
                                          ----------
  Total..................................    15.49    14.86        -0.63
------------------------------------------------------------------------

    Tables 2 and 3 show that Door County reduced VOC emissions by 4.52 
tons per day and NOX emissions by 0.54 tons per day between 
1990 and 1999. Tables 4 and 5 show that Manitowoc County reduced VOC 
emissions by 7.08 tons per day and NOX emissions by 0.63 
tons per day between 1990 and 1999.
    Based on this information, the State has adequately demonstrated 
that the improvement in air quality is due to permanent and enforceable 
emissions reductions.
e. Fully Approved Maintenance Plan Under Section 175A
    Section 175A of the Act sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
The plan must demonstrate continued attainment of the applicable NAAQS 
for at least 10 years after the EPA approves a

[[Page 18887]]

redesignation to attainment. Eight years after the redesignation, the 
State must submit a revised maintenance plan which demonstrates 
attainment for the 10 years following the initial 10-year period. To 
address potential future NAAQS violations, the maintenance plan must 
contain contingency measures, with a schedule for implementation 
adequate to assure prompt correction of any air quality problems.
    Section 175A(d) requires that the contingency provisions include a 
requirement that the State will implement all control measures that 
were in the SIP prior to redesignation as an attainment area.
    An ozone maintenance plan should address the following five 
elements: attainment inventory, demonstration of maintenance, 
monitoring network, verification of continued attainment, and a 
contingency plan.
Attainment Inventory
    On November 13, 2001 (66 FR 56931), EPA approved Wisconsin's one-
hour ozone attainment demonstration for the Milwaukee area, Manitowoc 
County and Door County. The approved demonstration shows modeled 
attainment in 2007. Consequently, Wisconsin must use 2007 as the 
attainment year for Manitowoc and Door Counties. The State has 
developed an attainment inventory by projecting the 1999 baseline 
emission inventory described above to 2007 using growth factors and 
control factors.
    The attainment level of emissions are summarized in the tables 
below: \2\
---------------------------------------------------------------------------

    \2\ Any discrepancies between the table totals and the sum of 
their constituent values are due to rounding conventions. The sector 
totals were actually figured to three decimal places, summed, and 
then rounded to two decimal places to obtain the total emissions.

      Table 6.--Door County 2007 Attainment Inventory--VOC and NOX
                             [tons per day]
------------------------------------------------------------------------
                      Sector                           VOC        NOX
------------------------------------------------------------------------
Point.............................................       0.17       0.02
Area..............................................       2.62       0.36
Non-Road Mobile...................................       3.96       1.05
Mobile............................................       1.20       2.03
                                                   ------------
  Total...........................................       7.94       3.46
------------------------------------------------------------------------


    Table 7.--Manitowoc County 2007 Attainment Inventory--VOC and NOX
                             [tons per day]
------------------------------------------------------------------------
                      Sector                           VOC        NOX
------------------------------------------------------------------------
Point.............................................       2.23       3.08
Area..............................................       6.53       1.11
Non-Road Mobile...................................       1.70       2.46
Mobile............................................       3.12       6.33
                                                   ------------
  Total...........................................      13.58      12.98
------------------------------------------------------------------------

Demonstration of Maintenance
    In order to demonstrate continued attainment for ten years after 
EPA approves the redesignation, the State was required to develop 
inventories for 2007 and 2013. The 2007 attainment inventory was 
projected from the 1999 baseline inventory using growth and control 
factors. To demonstrate maintenance, the state initially projected the 
1999 inventory to 2012, using the same methodology. Subsequently, due 
to a delay in submitting the redesignation request, an inventory was 
needed for 2013 to demonstrate maintenance for a full ten years after 
redesignation. For all sectors except highway mobile, the state assumed 
annual growth between 2012 and 2013 to be equivalent to the average 
annual growth between 2007 and 2012 by type sector. For highway mobile 
emissions, the state used the MOBILE6 model and assumed growth in 
vehicle miles traveled (VMT) between 2012 and 2013 to be equivalent to 
the average VMT growth between 2007 and 2012.
    These emission estimates are presented in the tables below and 
demonstrate that VOC and NOX emissions will decrease in 
future years.\3\ The results of this analysis show that the area is 
expected to maintain the air quality standard for at least ten years 
into the future.
---------------------------------------------------------------------------

    \3\ Any discrepancies between the table totals and the sum of 
their constituent values are due to rounding conventions. The sector 
totals were actually figured to three decimal places, summed, and 
then rounded to two decimal places to obtain the total emissions.

    Table 8.--Door County VOC Maintenance Emission Inventory Summary
                             [tons per day]
------------------------------------------------------------------------
                      Sector                           2007       2013
------------------------------------------------------------------------
Point.............................................       0.17       0.18
Area..............................................       2.62       2.83
Non-Road Mobile...................................       3.96       3.68
Mobile............................................       1.20       0.74
                                                   ------------
  Total...........................................       7.94       7.44
------------------------------------------------------------------------


    Table 9.--Door County NOX Maintenance Emission Inventory Summary
                             [tons per day]
------------------------------------------------------------------------
                      Sector                           2007       2013
------------------------------------------------------------------------
Point.............................................       0.02       0.02
Area..............................................       0.36       0.36
Non-Road Mobile...................................       1.05       1.09
Mobile............................................       2.03       1.17
                                                   ------------
  Total...........................................       3.46       2.64
------------------------------------------------------------------------


 Table 10.--Manitowoc County VOC Maintenance Emission Inventory Summary
                             [tons per day]
------------------------------------------------------------------------
                      Sector                           2007       2013
------------------------------------------------------------------------
Point.............................................       2.23       2.45
Area..............................................       6.53       6.69
Non-Road Mobile...................................       1.75       1.47
Mobile............................................       3.12       1.89
                                                   ------------
  Total...........................................      13.62      12.50
------------------------------------------------------------------------


 Table 11.--Manitowoc County NOX Maintenance Emission Inventory Summary
                             [tons per day]
------------------------------------------------------------------------
                      Sector                           2007       2013
------------------------------------------------------------------------
Point.............................................       3.08       3.30
Area..............................................       1.11       1.12
Non-Road Mobile...................................       2.41       2.45
Mobile............................................       6.33       3.59
                                                   ------------
  Total...........................................      12.93      10.47
------------------------------------------------------------------------

    The emission projections show that the emissions are not expected 
to exceed the level of the 2007 attainment year inventory during the 
10-year maintenance period. In Door County, VOC and NOX 
emissions are projected to decrease by 0.5 tons per day and 0.82 tons 
per day, respectively. In Manitowoc County, VOC and NOX 
emissions are projected to decrease by 1.12 tons per day and 2.46 tons 
per day, respectively.
Monitoring Network
    Wisconsin currently operates one ozone monitor in Door County and 
two ozone monitors in Manitowoc County. The WDNR has committed to 
continue operating and maintaining an approved ozone monitor network in 
both counties through the maintenance period and beyond.
Verification of Continued Attainment
    Tracking--Continued attainment of the ozone NAAQS in Manitowoc and 
Door Counties depends, in part, on the

[[Page 18888]]

State's efforts toward tracking indicators of continued attainment 
during the maintenance period. The tracking plan for Manitowoc and Door 
Counties primarily consists of continued ambient ozone monitoring in 
accordance with the requirements of 40 CFR part 58. WDNR maintains a 
comprehensive ambient air quality monitoring network and air quality 
reporting program, including ozone monitoring sites throughout the 
state and a fully enhanced network in the area around Lake Michigan. 
These are structured in state statute to continue through and past the 
maintenance period. The state will also evaluate future VOC and 
NOX emissions inventories for increases over 1999 levels.
    Triggers include a violation of the one-hour ozone NAAQS; monitored 
ambient levels of ozone exceeding .124 ppm more than once per year at 
any one monitoring station; and levels exceeding .124 more than twice 
over a three year period at any one monitoring station.
Contingency Plan
    Despite the best efforts to demonstrate continued compliance with 
the NAAQS, the ambient ozone concentrations may exceed or violate the 
NAAQS. Therefore, as required by section 175A of the Act, Wisconsin has 
provided contingency measures to promptly correct a future ozone air 
quality problem. For the years 2003 through 2007, Wisconsin has 
identified the following contingency measures: the NOX SIP 
Call (upwind reductions in Illinois and Indiana); Federal non-road 
engine standards; BP Amoco Agreed Order (Indiana); Wisconsin rule NR 
428 NOX reductions; Tier 2 vehicle standards and low sulfur 
fuel; heavy duty diesel standards and low sulfur diesel fuel; and 
volatile organic liquid storage (Indiana). These measures are adopted 
and will be implemented over this time period. From 2008 through 2013, 
a violation of the standard will trigger the following: within 6 months 
Wisconsin will complete an analysis to determine appropriate VOC and/or 
NOX control levels and locations to address the cause of the 
violation, including recommended control measures; Wisconsin will adopt 
selected contingent maintenance measures within 18 months; and the 
state commits to as short an implementation time-frame as would be 
appropriate based on the type of control adopted. Implementation 
schedules specific to each control measure are set forth in the State's 
submission. Potential contingency measures contained in the plan for 
this time period include the following: Reinstatement of requirements 
for offsets and/or LAER; application of RACT to smaller existing 
sources; tightening of RACT for existing sources; expanded geographic 
coverage of current point source measures; additional NOX 
controls; transportation control measures, including, but not limited 
to, area-wide rideshare programs, telecommuting, transit improvements, 
and traffic flow improvements; high-enhanced I/M (OBDII); California 
Engine Standards; California Architectural Industrial Maintenance rule; 
California Commercial and Consumer Products; broader geographic 
applicability of existing area source measures; and California Off-road 
Engine Standards.
Commitment To Submit Subsequent Maintenance Plan Revisions
    In accordance with section 175A(b) of the Act, the State has 
committed to submit a revised maintenance SIP eight years after the 
areas are redesignated to attainment (see page 4-2 of Wisconsin's 
submittal). Such revised SIP will provide for maintenance for an 
additional 10 years.

B. 1999 Periodic Emissions Inventory for the Milwaukee-Racine Area

    In accordance with requirements of the Act, the Milwaukee-Racine 
area was designated as an ozone nonattainment area on November 6, 1991 
(56 FR 56850). At that time, the area, which includes the counties of 
Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha, was 
classified as a severe ozone nonattainment area. Section 182(a)(3)(A) 
of the Act requires the State to submit an updated emissions inventory 
for the area every three years following the base year emissions 
inventory required by section 182(a)(1). The base year for the 
emissions inventory was 1990. The 1999 inventory submitted with the 
redesignation request for Manitowoc and Door Counties includes the 
Milwaukee-Racine area and addresses the need for the state to submit a 
1999 inventory under section 182(a)(3)(A).
    Wisconsin developed the inventory using the following methodology. 
For the point source sector, the State used reported point source 
emissions, EPA's Acid Rain Program point source emissions, and approved 
EPA techniques for emission calculation. Area source emission estimates 
were calculated using county-level estimates of population, gasoline 
consumption, employment or other related commercial/institutional, 
industrial and residential surrogates. For the appropriate categories, 
to avoid double counting, point source employment was subtracted from 
the county level employment prior to multiplication with emission 
factors. Emission factors were derived from local or national surveys 
or EPA procedural guidance for the development of emission inventories. 
Whenever feasible, Federal, state and local controls were factored into 
the emission calculations. For the non-road sector, most of the 
emissions inventory from EPA's Non-Road Engines and Vehicles Study was 
grown and controlled from 1990 using growth factors derived from 
projected equipment populations and control factors based on the 
Federal non-road engine standards. Aircraft emissions were estimated 
using the Federal Aviation Administration's Emissions and Dispersion 
Modeling System. Commercial marine emissions were estimated using the 
same methods detailed in Wisconsin's approved 1990 Base Year Inventory 
Document Report. Locomotive emissions were estimated using railroad 
length, frequency of travel and fuel consumed. Highway mobile sector 
emissions were calculated using the MOBILE6 model and estimated summer 
weekday 1999 VMT. The inventory methodology is consistent with EPA 
guidance.

II. What Action Is EPA Taking?

    The EPA is making a determination that Manitowoc and Door Counties 
in Wisconsin have attained the one-hour ozone NAAQS, based on 1999-2002 
air quality monitoring data. We are approving the ozone maintenance 
plan for Door and Manitowoc Counties and the corresponding 
transportation conformity budgets as a SIP revision meeting the 
requirements of section 175A. In addition, we are approving the 
redesignation request for Door and Manitowoc Counties because the State 
has demonstrated compliance with the requirements of section 
107(d)(3)(E) of the Act. We are also approving the 1999 inventory 
submitted as meeting the periodic emissions inventory requirement of 
section 182(a)(3)(A).

III. Is This Action Final, or May I Submit Comments?

    EPA is publishing this action without prior proposal, because EPA 
views this as a noncontroversial revision and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, EPA is proposing to approve the SIP revision. Should EPA 
receive adverse written comments by May 19, 2003, we will withdraw this 
direct final and respond to any comments in a final action. If EPA does 
not receive adverse comments, this action will be effective

[[Page 18889]]

without further notice. Any parties interested in commenting on this 
action should do so at this time. If we do not receive comments, this 
action will be effective on June 16, 2003.

IV. What Statutory and Executive Order Reviews Did EPA Conduct?

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this action is not a ``significant 
regulatory action'' and therefore is not subject to review by the 
Office of Management and Budget. For this reason, this action is also 
not subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This action merely approves state law as meeting 
federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing 
requirements under state law and does not impose any additional 
enforceable duty beyond that required by state law, it does not contain 
any unfunded mandate nor does it significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the federal government and Indian tribes, or 
on the distribution of power and responsibilities between the federal 
government and Indian tribes, as specified by Executive Order 13175, 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000). This action also does not have federalism 
implications because it will not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
``Federalism'' (64 FR 43255, August 10, 1999). This action merely 
approves a state rule implementing a federal standard, and does not 
alter the relationship or the distribution of power and 
responsibilities established in the Act. This rule also is not subject 
to Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not a significant regulatory action under Executive Order 12866.
    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTA), 15 U.S.C. 272, requires federal agencies to use 
technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impracticable. In 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Act. Absent a prior 
existing requirement for the state to use voluntary consensus 
standards, EPA has no authority to disapprove a SIP submission for 
failure to use such standards, and it would thus be inconsistent with 
applicable law for EPA to use voluntary consensus standards in place of 
a SIP submission that otherwise satisfies the provisions of the Act. 
Therefore, the requirements of section 12(d) of the NTTA do not apply.
    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct. 
EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order, and has determined that the rule's 
requirements do not constitute a taking. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 June 16, 2003. 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, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: April 3, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart YY--Wisconsin

0
2. Section 52.2585 is amended by adding paragraphs (q) and (r) to read 
as follows:


Sec.  52.2585  Control strategy: Ozone.

* * * * *
    (q) Approval--On January 28, 2003, the Wisconsin Department of 
Natural Resources submitted a request to redesignate Manitowoc and Door 
Counties to attainment. Additional information was submitted on 
February 5, 2003 and February 27, 2003. As part of the redesignation 
request, the State submitted a maintenance plan as required by section 
175A of the Clean Air Act, as amended in 1990. Elements of the section 
175 maintenance plan include a contingency plan and an obligation to 
submit a subsequent maintenance plan revision in 8 years as required by 
the Clean Air Act. The 2013 motor vehicle emission budgets for Door 
County are 0.74 tons of volatile organic compounds (VOC) per day and 
1.17 tons of oxides of nitrogen (NOX) per day. The 2013 
motor vehicle emission budgets for Manitowoc County are 1.89 tons of 
VOC per day and 3.59 tons of NOX per day.

[[Page 18890]]

    (r) Approval--On January 28, 2003, the Wisconsin Department of 
Natural Resources submitted a 1999 periodic emissions inventory for the 
Milwaukee-Racine area. Additional information was submitted on February 
5, 2003 and February 27, 2003. The inventory meets the requirement of 
section 182(2)(3)(A) of the Clean Air Act as amended in 1990.

0
Part 81, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. Section 81.350 is amended by revising the attainment status 
designation table entries for the Door County and Manitowoc County 
areas for ozone to read as follows:


Sec.  81.350  Wisconsin.

* * * * *

                                       Wisconsin--Ozone (1-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                                   Designation                         Classification
           Designated area           ---------------------------------------------------------------------------
                                        Date \1\             Type             Date \1\             Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Door County Area:
    Door County.....................      6/16/03  Attainment.
 
                                                  * * * * * * *
Manitowoc County Area:
    Manitowoc County................      6/16/03  Attainment.
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is October 18, 2000, unless otherwise noted.

[FR Doc. 03-9347 Filed 4-16-03; 8:45 am]
BILLING CODE 6560-50-P