[Federal Register Volume 69, Number 90 (Monday, May 10, 2004)]
[Rules and Regulations]
[Pages 25835-25839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10341]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI119-01a; FRL-7657-6]


Approval and Promulgation of Implementation Plans: Wisconsin: 
Kewaunee County Ozone Maintenance Plan Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is approving a revision to the plan prepared by 
Wisconsin to maintain the one-hour national ambient air quality 
standard (NAAQS) for ozone in the Kewaunee County maintenance area 
through the year 2012. Wisconsin's submitted the revision on January 
28, 2003, and supplemented it on February 5, 2003 and February 27, 
2003. This revision is required by the Clean Air Act. The effect of 
this approval is to ensure federal enforceability of the state air 
program plan and to maintain consistency between the state-adopted plan 
and the approved State Implementation Plan (SIP).

DATES: This ``direct final'' rule is effective July 9, 2004, unless EPA 
receives written adverse comment by June 9, 2004. If written adverse 
comment is received, EPA will publish a timely withdrawal of the direct 
final rule in the Federal Register and inform the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No.WI119 by 
one of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    E-mail: [email protected].
    Fax: (312)886-5824.
    Mail: You may send written comments to: J. Elmer Bortzer, Chief, 
Criteria Pollutants Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Hand delivery: Deliver your comments to: J. Elmer 
Bortzer, Chief, Criteria Pollutant Section, Air Programs Branch, (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30 excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. WI119. EPA's 
policy is that all comments received will be included in the public 
docket without change, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through regulations.gov, or e-mail. The 
federal regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to Unit I of the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: All documents in the docket are listed in an index. 
Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Publicly available docket materials are 
available in hard copy at Environmental Protection Agency, Region 5, 
Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. (We recommend that you telephone Michael Leslie, 
Environmental Engineer, at (312) 353-6680 before visiting the Region 5 
office.) This Facility is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Criteria Pollutants Section (AR-18J), Air Programs Branch, 
Air and Radiation Division, United States Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 
(312) 353-6680, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This section provides 
additional information by addressing the following questions:

I. General Information
II. What is a SIP?
III. What is the Federal Approval Process for a SIP?
IV. What are the criteria for approval of a maintenance plan?
V. What does federal approval of a state regulation mean to me?
VI. What is in the state's plan to maintain the standard?
VII. Has Wisconsin held a Public Hearing?
VIII. What action is EPA taking?
IX. What are the Statutory and Executive Order Review Requirements?

I. General Information

A. Does This Action Apply to Me?

    This action applies to the citizens, industries, and transportation 
agencies in Kewaunee County, Wisconsin.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI). In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in

[[Page 25836]]

accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    (a) Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    (b) Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    (c) Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    (d) Describe any assumptions and provide any technical information 
and/or data that you used.
    (e) If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    (f) Provide specific examples to illustrate your concerns, and 
suggest alternatives.

II. What Is a SIP?

    The Clean Air Act (CAA) at section 110 requires states to develop 
air pollution regulations and control strategies to ensure that state 
air quality meets the national ambient air quality standards 
established by EPA. These ambient standards are established under 
section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide. Each state must 
submit these regulations and control strategies to us for approval and 
incorporation into the federally-enforceable SIP. Each federally-
approved SIP protects air quality primarily by addressing air pollution 
at its point of origin. These SIPs can be extensive and contain state 
regulations or other enforceable documents, as well as supporting 
information such as emission inventories, monitoring networks, and 
modeling demonstrations.

III. What Is the Federal Approval Process for a SIP?

    For state regulations to be incorporated into the federally-
enforceable SIP, states must formally adopt the regulations and control 
strategies consistent with state and federal requirements. This process 
generally includes a public notice, public hearing, public comment 
period, and a formal adoption by a state-authorized rulemaking body. 
Once a state rule, regulation, or control strategy is adopted, the 
state submits it to us for inclusion into the SIP. We must provide 
public notice and seek additional public comment regarding the federal 
action on the state submission. If adverse comments are received, they 
must be addressed prior to any final federal action. All state 
regulations and supporting information approved by EPA under section 
110 of the CAA are incorporated into the federally-approved SIP. 
Records of such SIP actions are maintained in the Code of Federal 
Regulations (CFR) at Title 40, part 52, entitled ``Approval and 
Promulgation of Implementation Plans.'' The actual state regulations 
which are approved are not reproduced in their entirety in the CFR, but 
are ``incorporated by reference,'' which means that we have approved a 
given state regulation with a specific effective date.

IV. What Are the Criteria for Approval of a Maintenance Plan?

    The requirements for the approval and revision of a maintenance 
plan are found in section 175A of the CAA. A maintenance plan must 
provide a demonstration of continued attainment including the control 
measures relied upon, provide contingency measures for the prompt 
correction of any violation of the standard, provide for continued 
operation of the ambient air quality monitoring network, provide a 
means of tracking the progress of the plan, and include the attainment 
emissions inventory and new budgets for motor vehicle emissions.

V. What Does Federal Approval of a State Regulation Mean to Me?

    Enforcement of the state regulation before and after it is 
incorporated into the federally-approved SIP is primarily a state 
responsibility. However, after the regulation is federally approved, we 
are authorized to take enforcement action against violators. Citizens 
are also offered legal recourse to address violations as described in 
section 304 of the CAA.

VI. What Is in the State's Plan To Maintain the Standard?

    For the past ten years, Wisconsin has had a plan in place to 
maintain the one-hour ozone standard in the maintenance area through 
2002. The CAA requires that the maintenance plan be revised to provide 
for maintenance for ten years after the expiration of the initial 
maintenance period. Wisconsin's submittal of January 28, 2003, which 
Wisconsin supplemented on February 5, 2003 and February 27, 2003, 
contained a revised plan that describes what will be done during the 
next ten-year period to maintain the ozone standard in the Kewaunee 
County maintenance area through 2012. The following analysis will look 
at the elements necessary for approval of a maintenance plan and 
determine if they have been fulfilled.

1. Demonstration of Continued Attainment

    This revised plan relies on an attainment level of emissions of 
volatile organic compounds (VOCs) and nitrogen oxides (NOX) 
to maintain the ozone standard through a combination of control 
measures. These measures include stationary, area and mobile source 
controls. The annual emissions from the entire area for 1999, a period 
when no excursions or violations of the standard occurred, and the 
project emissions for 2012, the last year of the maintenance plan, are 
shown in tables 1 and 2 below.

                 Table 1.--Kewaunee County VOC Emissions
                               [Tons/day]
------------------------------------------------------------------------
                     Source category                       1999    2012
------------------------------------------------------------------------
Point...................................................     0.6     0.7
Area....................................................     1.2     1.3
On-Road Mobile..........................................     0.9     0.4
Non-Road Mobile.........................................     0.8     0.5
                                                         ---------
    Totals..............................................     3.5     3.0
------------------------------------------------------------------------


                 Table 2.--Kewaunee County NOX Emissions
                               [Tons/day]
------------------------------------------------------------------------
                     Source category                       1999    2012
------------------------------------------------------------------------
Point...................................................     0.0     0.0
Area....................................................     0.2     0.2
On-Road Mobile..........................................     1.3     0.6
Non-Road Mobile.........................................     0.6     0.6
                                                         ---------
    Totals..............................................     2.1     1.5
------------------------------------------------------------------------

    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.
    As can be seen, total emissions decreased during the ten-year 
maintenance period. Thus the plan has demonstrated that the one-hour 
ozone standard will be maintained. The full emissions benefits obtained 
from state and federal control measures are included in the tables 
above. For the demonstration of maintenance, it is only necessary for 
the state to show that there is no increase in the emissions. Clearly

[[Page 25837]]

excess emission benefits are included in the demonstration. Control 
measures used to reduce emissions and maintain the standard are shown 
in the following list. These measures include stationary, mobile and 
area source controls.
    The state has quantified emission reductions from the following 
permanent and enforceable measures: Federal Motor Vehicle Control 
Program; 1992 gasoline Reid vapor pressure change; 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.

2. Contingency Measures

    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 CAA, 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 Lowest Achievable Emissions Reductions; application 
of Reasonable Achievable Control Technology (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 On-Board Diagnostic; 
California Engine Standards; California Architectural Industrial 
Maintenance rule; California Commercial and Consumer Products rules; 
broader geographic applicability of existing area source measures; and, 
California Off-road Engine Standards.

3. Ambient Air Quality Monitoring

    Wisconsin currently operates one ozone monitor in Kewaunee County. 
Wisconsin has committed to continue operating and maintaining an 
approved ozone monitor network through the maintenance period and 
beyond.

4. Tracking the Progress of the Plan

    Continued attainment of the ozone NAAQS in Kewaunee County depends, 
in part, on the state's efforts toward tracking indicators of continued 
attainment during the maintenance period. The tracking plan for 
Kewaunee County 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 the 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 0.124 ppm more than once 
per year at any one monitoring station; and levels exceeding 0.124 more 
than twice over a three-year period at any one monitoring station.

5. Emission Inventory and Motor Vehicle Emissions Budgets

    Wisconsin prepared an emissions inventory for the Kewaunee County 
maintenance area for the base year of 1999. The year 1999 year was 
selected for the inventory as no excursion nor violations of the 
standard occurred. Emissions were then projected for 2007 and 2012. The 
MOBILE6 emissions model was used for on-road mobile sources. These 
revised inventories were developed using the latest planning 
assumptions, including updated vehicle registration data from 1999 
through 2001, vehicle miles traveled (VMT), speeds, fleet mix, and SIP 
control measures. The emission inventory amounts are shown in the 
tables below.

                 Table 3.--Kewaunee County VOC Emissions
                               [Tons/day]
------------------------------------------------------------------------
                 Source category                   1999    2007    2012
------------------------------------------------------------------------
Point...........................................     0.6     0.7     0.7
Area............................................     1.2     1.3     1.3
On-Road Mobile..................................     0.9     0.6     0.4
Non-Road Mobile.................................     0.8     0.6     0.5
                                                 ---------
    Totals......................................     3.5     3.2     3.0
------------------------------------------------------------------------


                 Table 4.--Kewaunee County NOX Emissions
                               [Tons/day]
------------------------------------------------------------------------
                 Source category                   1999    2007    2012
------------------------------------------------------------------------
Point...........................................     0.0     0.0     0.0
Area............................................     0.2     0.2     0.2
On-Road Mobile..................................     1.3     1.0     0.6
Non-Road Mobile.................................     0.6     0.6     0.6
                                                 ---------
    Totals......................................     2.1     1.8     1.5
------------------------------------------------------------------------

    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.
    Wisconsin has submitted a complete and accurate emissions inventory 
of VOC and NOX for the Kewaunee County maintenance area and 
we are approving the emissions inventory. Based upon the updated 
emissions inventory, the revised maintenance plan contains new budgets 
(or limits) for motor vehicle emissions resulting from transportation 
plans for the Kewaunee County maintenance area. We have reviewed the 
budgets and have found that the budgets meet all of the adequacy 
criteria in section 93.118 of the transportation conformity rule. These 
criteria include: (1) The SIP was endorsed by the Governor (or his 
designee) and was subject to a state public hearing; (2) consultation 
among federal, state, and local agencies occurred; (3) the emissions 
budget is clearly identified and precisely quantified; (4) the motor 
vehicle emissions budget, when considered together with all other 
emissions, is consistent with attainment; and (5) the motor vehicle 
emissions budget is consistent with and clearly related to the 
emissions inventory and control strategy in the

[[Page 25838]]

SIP. We are also required to consider comments submitted to the state 
at the public hearing. No comments were received by the state on the 
transportation conformity budgets. The new area-wide budgets are shown 
in the table below:

           Table 5.--Kewaunee Mobile Vehicle Emissions Budgets
                               [Tons/day]
------------------------------------------------------------------------
                          Year                              VOC     NOX
------------------------------------------------------------------------
2007....................................................    0.61    0.97
2012....................................................    0.41    0.63
------------------------------------------------------------------------

    These new budgets are to be used in all subsequent conformity 
determinations concerning transportation plans in the Kewaunee County 
maintenance area. We believe that the motor vehicle emissions budgets 
are consistent with the control measures identified in this maintenance 
plan and that this plan demonstrates maintenance with the one-hour 
ozone standard.

VII. Has Wisconsin Held a Public Hearing?

    The Wisconsin submittal was subject to a 30 day public comment 
period. Wisconsin held a public hearing on November 22, 2002.

VIII. What Action Is EPA Taking?

    We are approving: Wisconsin's revision of the maintenance plan for 
the Kewaunee County maintenance and the transportation conformity 
budgets for VOC and NOX.
    The EPA is publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
comments are filed. This rule will be effective July 9, 2004 without 
further notice unless we receive relevant adverse written comments by 
June 9, 2004. If we receive such comments, we will withdraw this action 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on the proposed action. The 
EPA will not institute a second comment period. Any parties interested 
in commenting on this action should do so at this time. If we do not 
receive any comments, this action will be effective July 9, 2004.

IX. What Are the Statutory and Executive Order Review Requirements?

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (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.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Because this action does not significantly affect energy supply, 
distribution or use, it is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    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.).

Unfunded Mandates Reform Act

    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 or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    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 (65 
FR 67249, November 9, 2000).

Executive Order 13132: Federalism

    This action also does not have federalism implications because it 
does 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 (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 CAA.

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    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 economically significant.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
state to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    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.).

Congressional Review Act

    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 CAA, petitions for judicial review 
of this

[[Page 25839]]

action must be filed in the United States Court of Appeals for the 
appropriate circuit by July 9, 2004. 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.

    Dated: April 26, 2004.
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 paragraph (t) to read as 
follows:


Sec.  52.2585  Control strategy: Ozone.

* * * * *
    (t) Approval--On January 28, 2003, Wisconsin submitted a request to 
update the ozone maintenance plan for Kewaunee County. Additional 
information was submitted on February 5, 2003 and February 27, 2003. As 
part of the 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 Motor 
Vehicle Emissions Budgets (MVEB) for 2007 and 2012. The following table 
outlines the MVEB for transportation conformity purposes for the 
Kewaunee ozone maintenance area.

                Kewaunee Mobile Vehicle Emissions Budgets
                               [Tons/day]
------------------------------------------------------------------------
                          Year                              VOC     NOX
------------------------------------------------------------------------
2007....................................................    0.61    0.97
2012....................................................    0.41    0.63
------------------------------------------------------------------------


[FR Doc. 04-10341 Filed 5-7-04; 8:45 am]
BILLING CODE 6560-50-P