[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Proposed Rules]
[Pages 6727-6743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2989]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2009-0730; FRL-9629-2]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Wisconsin; Redesignation of 
the Milwaukee-Racine and Sheboygan Areas to Attainment for 1997 8-Hour 
Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve requests from the Wisconsin 
Department of Natural Resources (WDNR) to redesignate the Milwaukee-
Racine and Sheboygan areas to attainment for the 1997 8-hour ozone 
standard, because the requests meet the statutory requirements for 
redesignation under the Clean Air Act (CAA or Act). The Milwaukee-
Racine area includes Milwaukee, Ozaukee, Racine, Washington, Waukesha, 
and Kenosha Counties. The Sheboygan area includes Sheboygan County. 
WDNR submitted these requests on September 11, 2009, and supplemented 
the submittal on November 16, 2011. This proposed approval also 
involves several related actions. EPA is proposing to approve, as 
revisions to the Wisconsin State Implementation Plan (SIP), the state's 
plans for maintaining the 1997 8-hour ozone National Ambient Air 
Quality Standard (NAAQS or standard) through 2022 in the above-
mentioned areas. EPA is also proposing to approve the 2005 
comprehensive emissions inventories for the Milwaukee-Racine and 
Sheboygan areas as meeting the requirements of the CAA. Finally, EPA 
finds adequate and is proposing to approve the state's 2015 and 2022 
Motor Vehicle Emission Budgets (MVEBs) for the Milwaukee-Racine and 
Sheboygan areas.

DATES: Comments must be received on or before March 12, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0730, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Doug Aburano, Chief, Attainment Planning and Maintenance 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand delivery: Doug Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, 18th floor, Chicago, 
Illinois 60604. Such deliveries are only accepted during the Regional 
Office normal hours of operation, and special arrangements should be 
made for deliveries of boxed information. The Regional Office official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0730. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, 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 www.regulations.gov or email. The 
www.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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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 Section I of this document, 
``What Should I Consider as I Prepare My Comments for EPA?''
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Kathleen D'Agostino, Environmental 
Engineer, at (312) 886-1767 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental

[[Page 6728]]

Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-1767, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

Table of Contents

I. What should I consider as I prepare my comments for EPA?
II. What actions is EPA proposing to take?
III. What is the background for these actions?
    A. What is the general background information?
    B. What are the impacts of the December 22, 2006, and June 8, 
2007, United States Court of Appeals decisions regarding EPA's Phase 
1 Implementation Rule?
IV. What are the criteria for redesignation to attainment?
V. What is EPA's analysis of the State's request?
    A. Redesignation
    B. Adequacy of Wisconsin's MVEBs
    C. 2005 Comprehensive Emissions Inventory
VI. Summary of Actions
VII. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What actions is EPA proposing to take?

    EPA is proposing to determine that the Milwaukee-Racine and 
Sheboygan ozone nonattainment areas have met the requirements for 
redesignation under section 107(d)(3)(E) of the CAA. EPA is thus 
proposing to approve Wisconsin's requests to change the legal 
designations of the Milwaukee-Racine and Sheboygan areas from 
nonattainment to attainment for the 1997 8-hour ozone NAAQS. EPA is 
also proposing to approve Wisconsin's maintenance plan SIP revisions 
for the Milwaukee-Racine and Sheboygan areas (such approval being one 
of the CAA criteria for redesignation to attainment status). The 
maintenance plans are designed to keep the Milwaukee-Racine and 
Sheboygan areas in attainment of the ozone NAAQS through 2022. EPA is 
proposing to approve the 2005 comprehensive emissions inventories for 
the Milwaukee-Racine and Sheboygan areas as meeting the requirements of 
section 182(a)(1) of the CAA. Finally, EPA is proposing to approve the 
newly-established 2015 and 2022 MVEBs for the Milwaukee-Racine and 
Sheboygan areas. The adequacy comment period for the MVEBs began on 
December 6, 2011, with EPA's posting of the availability of the 
submittal on EPA's Adequacy Web site (at http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm). The adequacy comment period for 
these MVEBs ended on January 5, 2012. EPA did not receive any requests 
for this submittal, or adverse comments on this submittal during the 
adequacy comment period. See section V. B. of this rulemaking, 
``Adequacy of Wisconsin's MVEBs,'' for further explanation on this 
process. Therefore, EPA finds adequate, and is proposing to approve, 
the state's 2015 and 2022 MVEBs for use in future transportation 
conformity analyses for the areas.

III. What is the background for these actions?

A. What is the general background information?

    Ground-level ozone is not emitted directly by sources. Rather, 
emissions of nitrogen oxides (NOX) and volatile organic 
compounds (VOCs) react in the presence of sunlight to form ground-level 
ozone. NOX and VOCs are referred to as precursors of ozone.
    The CAA establishes a process for air quality management through 
the NAAQS. Before promulgation of the 8-hour standard, the ozone NAAQS 
was based on a 1-hour standard. On November 6, 1991 (56 FR 56693 and 
56852), the Milwaukee-Racine and Sheboygan areas were designated as 
severe and moderate nonattainment areas, respectively, under the 1-hour 
ozone NAAQS. The Sheboygan area was subsequently redesignated to 
attainment of the 1-hour standard on August 26, 1996 (61 FR 43675). 
Although the Milwaukee-Racine area was monitoring attainment of the 1-
hour ozone standard by the end of the 2005 ozone season, at the time 
EPA revoked the 1-hour ozone NAAQS, on June 15, 2005, the Milwaukee-
Racine area was never redesignated as attainment under the 1-hour ozone 
NAAQS.
    On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone 
standard of 0.08 parts per million parts (ppm). On April 30, 2004 (69 
FR 23857), EPA published a final rule designating and classifying areas 
under the 8-hour ozone NAAQS. These designations and classifications 
became effective June 15, 2004. EPA designated as nonattainment any 
area that was violating the 8-hour ozone NAAQS based on the three most 
recent years of air quality data, 2001-2003.
    The CAA contains two sets of provisions, subpart 1 and subpart 2, 
that address planning and control requirements for nonattainment areas. 
(Both are found in title I, part D, 42 U.S.C. 7501-7509a and 7511-
7511f, respectively.) Subpart 1 contains general requirements for 
nonattainment areas for any pollutant, including ozone, governed by a 
NAAQS. Subpart 2 provides more specific requirements for ozone 
nonattainment areas.
    Under EPA's implementation rule for the 1997 8-hour ozone standard, 
(69 FR 23951, April 30, 2004), an area was classified under subpart 2 
based on its 8-hour ozone design value,\1\ if it had a 1-hour design 
value at the time of designation at or above 0.121 ppm (the lowest 1-
hour design value in Table 1 of subpart 2) (69 FR 23954). All other 
areas were covered under subpart 1, based upon their 8-hour design 
values (69 FR 23958). The Milwaukee-Racine and Sheboygan areas were 
designated as subpart 2, 8-hour ozone moderate nonattainment areas by 
EPA on April 30, 2004 (69 FR 23857 and 23947) based on air quality 
monitoring data from 2001-2003 (69 FR 23860).
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    \1\ To determine the 8-hour design value for an area, the three-
year average of the fourth-highest daily maximum 8-hour average 
ozone concentration is calculated for each monitor within an area. 
The highest three-year average is the design value for the area.
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    40 CFR 50.10 and appendix I of 40 CFR part 50 provide that the 8-
hour ozone standard is attained when the three-year average of the 
annual fourth-highest daily maximum 8-hour average ozone concentration 
is less than or equal to 0.08 ppm, when rounded. The data completeness 
requirement is met when the average percent of days with

[[Page 6729]]

valid ambient monitoring data is greater than 90 percent, and no single 
year has less than 75 percent data completeness. See 40 CFR part 50, 
appendix I, 2.3(d).
    WDNR submitted requests to redesignate the Milwaukee-Racine and 
Sheboygan areas to attainment for the 1997 8-hour ozone standard on 
September 11, 2009, and supplemented the request on November 16, 2011. 
Complete, quality-assured and certified data for the 2006-2008, 2007-
2009, and 2008-2010 time periods indicate the 8-hour NAAQS for ozone, 
as promulgated in 1997, has been attained for the Milwaukee-Racine and 
Sheboygan areas. In addition, available monitoring data for 2011 
continue to show the areas in attainment of the standard. Under the 
CAA, nonattainment areas may be redesignated to attainment if 
sufficient complete, quality-assured data are available for the 
Administrator to determine that the area has attained the standard, and 
the area meets the other CAA redesignation requirements in section 
107(d)(3)(E).
    On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour 
ozone standard of 0.075 ppm. EPA has not yet designated areas under the 
2008 standard. The actions addressed in this proposed rulemaking relate 
only to the 1997 8-hour ozone standard.

B. What are the impacts of the December 22, 2006, and June 8, 2007, 
United States Court of Appeals decisions regarding EPA's Phase 1 
Implementation Rule?

1. Summary of Court Decision
    On December 22, 2006, in South Coast Air Quality Management Dist. 
v. EPA, the U.S. Court of Appeals for the District of Columbia (DC 
Circuit) vacated EPA's Phase 1 Implementation Rule for the 1997 8-hour 
Ozone Standard (69 FR 23951, April 30, 2004). 472 F.3d 882 (D.C. Cir. 
2006). On June 8, 2007, in response to several petitions for rehearing, 
the DC Circuit clarified that the Phase 1 Rule was vacated only with 
regard to those parts of the rule that had been successfully 
challenged. Id., Docket No. 04 1201. Therefore, several provisions of 
the Phase 1 Rule remain effective: Provisions related to 
classifications for areas currently classified under subpart 2 of title 
I, part D, of the CAA as 8-hour nonattainment areas; the 8-hour 
attainment dates; and the timing for emissions reductions needed for 
attainment of the 8-hour ozone NAAQS. The June 8, 2007, decision also 
left intact the court's rejection of EPA's reasons for implementing the 
8-hour standard in certain nonattainment areas under subpart 1 in lieu 
of subpart 2. By limiting the vacatur, the D.C. Circuit let stand EPA's 
revocation of the 1-hour standard and those anti-backsliding provisions 
of the Phase 1 Rule that had not been successfully challenged.
    The June 8, 2007, decision reaffirmed the December 22, 2006, 
decision that EPA had improperly failed to retain four measures 
required for 1-hour nonattainment areas under the anti-backsliding 
provisions of the regulations: (1) Nonattainment area New Source Review 
(NSR) requirements based on an area's 1-hour nonattainment 
classification; (2) Section 185 penalty fees for 1-hour severe or 
extreme nonattainment areas; (3) measures to be implemented pursuant to 
section 172(c)(9) or 182(c)(9) of the Act, on the contingency of an 
area not making reasonable further progress toward attainment of the 1-
hour NAAQS, or for failure to attain that NAAQS; and (4) certain 
transportation conformity requirements for certain types of Federal 
actions. The June 8, 2007, decision clarified that the court's 
reference to conformity requirements was limited to requiring the 
continued use of 1-hour motor vehicle emissions budgets until 8-hour 
budgets were available for 8-hour conformity determinations.
    This section sets forth EPA's views on the potential effect of the 
Court's rulings on this proposed redesignation action. For the reasons 
set forth below, EPA does not believe that the court's rulings alter 
any requirements relevant to this redesignation action so as to 
preclude redesignation or prevent EPA from proposing or ultimately 
finalizing this redesignation. EPA believes that the D.C. Circuit's 
December 22, 2006, and June 8, 2007, decisions impose no impediment to 
moving forward with redesignation of this area to attainment, because 
even in light of the court's decisions, redesignation is appropriate 
under the relevant redesignation provisions of the CAA and longstanding 
policies regarding redesignation requests.
2. Requirements Under the 8-Hour Ozone Standard
    With respect to the 1997 8-hour standard, the Milwaukee-Racine and 
Sheboygan areas are classified under subpart 2. The June 8, 2007, 
opinion clarifies that the court did not vacate the Phase 1 Rule's 
provisions with respect to classifications for areas under subpart 2. 
The court's decision therefore upholds EPA's classifications for those 
areas classified under subpart 2 for the 8-hour ozone standard.
3. Requirements Under the 1-Hour Ozone Standard
a. Milwaukee-Racine Area
    In its June 8, 2007 decision the D.C. Circuit limited its vacatur 
so as to uphold those provisions of the anti-backsliding requirements 
that were not successfully challenged. Therefore, an area must meet the 
anti-backsliding requirements which apply by virtue of the area's 
classification for the 1-hour ozone standard. See 40 CFR 51.900, et 
seq.; 70 FR 30592, 30604 (May 26, 2005). As set forth in more detail 
below, the area must also address four additional anti-backsliding 
provisions identified by the court in its decisions.
    The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe 1-
hour ozone standard requirements that continue to apply after 
revocation of the 1-hour ozone NAAQS to former 1-hour ozone 
nonattainment areas. 40 CFR 51.905(a)(1)(i) provides that:

    The area remains subject to the obligation to adopt and 
implement the applicable requirements as defined in section 
51.900(f), except as provided in paragraph (a)(1)(iii) of this 
section, and except as provided in paragraph (b) of this section.

40 CFR 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005), 
states that:

    Applicable requirements means for an area the following 
requirements to the extent such requirements apply or applied to the 
area for the area's classification under section 181(a)(1) of the 
CAA for the 1-hour NAAQS at designation for the 8-hour NAAQS:
    (1) Reasonably available control technology (RACT).
    (2) Inspection and maintenance programs (I/M).
    (3) Major source applicability cut-offs for purposes of RACT.
    (4) Rate of Progress (ROP) reductions.
    (5) Stage II vapor recovery.
    (6) Clean fuels fleet program under section 182(c)(4) of the 
CAA.
    (7) Clean fuels for boilers under section 182(e)(3) of the 
CAA.\2\
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    \2\ Applies only to areas classified as extreme; therefore, not 
a requirement for the Milwaukee-Racine area.
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    (8) Transportation Control Measures (TCMs) during heavy traffic 
hours as provided section 182(e)(4) of the CAA.\2\
    (9) Enhanced (ambient) monitoring under section 182(c)(1) of the 
CAA.
    (10) Transportation controls under section 182(c)(5) of the CAA.
    (11) Vehicle miles traveled provisions of section 182(d)(1) of 
the CAA.
    (12) NOX requirements under section 182(f) of the 
CAA.
    (13) Attainment demonstration or an alternative as provided 
under Sec.  51.905(a)(1)(ii).

Pursuant to 40 CFR 51.905(c), the Milwaukee-Racine area is subject to 
the

[[Page 6730]]

obligations set forth in 40 CFR 51.905(a) and 40 CFR 51.900(f).
    In addition, the D.C. Circuit held that EPA should have retained 
four additional measures in its anti-backsliding provisions: (1) 
Nonattainment area NSR; (2) section 185 penalty fees; (3) contingency 
measures under section 172(c)(9) or 182(c)(9) of the Act; and (4) 1-
hour MVEBs that were not yet replaced by 8-hour emissions budgets. EPA 
has addressed these four requirements as follows:
    With respect to NSR, EPA has determined that an area being 
redesignated need not have an approved nonattainment NSR program, 
provided that the state demonstrates maintenance of the standard in the 
area without part D NSR in effect. The rationale for this view is 
described in a memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation, dated October 14, 1994, entitled, ``Part D New 
Source Review Requirements for Areas Requesting Redesignation to 
Attainment.'' This policy assumes that the state's PSD program will 
become effective in the area immediately upon redesignation to 
attainment. Consequently EPA concludes that an approved NSR program is 
not an applicable requirement for purposes of redesignation. See the 
more detailed explanations in the following rulemakings: Detroit, 
Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-Akron-Lorrain, 
Ohio (61 FR 20458, 20469-70, May 7, 1996); Louisville, Kentucky (66 FR 
53665, 53669, October 23, 2001); Grand Rapids, Michigan (61 FR 31831, 
31836-31837, June 21, 1996). Furthermore, EPA approved Wisconsin's NSR 
program on January 18, 1995 (60 FR 3538), February 6, 2006 (71 FR 
5979), March 8, 2006 (71 FR 55062) and May 16, 2006 (71 FR 28274).
    With regard to the requirement for section 185 source penalty fees, 
the Milwaukee-Racine area was classified as severe nonattainment under 
the 1-hour standard and is, therefore, subject to this requirement. EPA 
approved an excess VOC emissions fee rule for the Milwaukee-Racine area 
on June 25, 2002 (67 FR 42729). On April 24, 2009 (74 FR 18641), EPA 
published a final rule making a determination that the Milwaukee-Racine 
area had attained the 1-hour ozone standard and confirming that this 
finding of attainment relieved Wisconsin of the obligation to adopt 
section 185 source penalty fee regulations for this area.
    With respect to the 1-hour MVEBs that were not yet replaced by 8-
hour emissions budgets, the conformity portion of the court's June 8, 
2007 ruling clarified that, for those areas with MVEBs for the 1-hour 
ozone standard, anti-backsliding requires that these MVEBs be used for 
8-hour conformity determinations until replaced by MVEBs for the 8-hour 
ozone standard. To meet this requirement, conformity determinations in 
such areas must comply with the applicable requirements of EPA's 
conformity regulations at 40 CFR part 93. Note below that EPA is 
proposing to find adequate and approve 8-hour MVEBs established by 
Wisconsin's 8-hour ozone maintenance plans for the Milwaukee and 
Sheboygan areas.
    With respect to the contingency measure requirements under sections 
172(c)(9) and 182(c)(9) of the CAA, these requirements must be 
addressed in state ozone Reasonable Further Progress (RFP) and 
attainment demonstration plans. Wisconsin addressed these requirements 
in the 1-hour ozone RFP and attainment demonstration plans for the 
Milwaukee-Racine area by adopting and implementing extra VOC and 
NOX emission controls that go beyond the emission reductions 
needed for RFP and attainment of the 1-hour ozone standard. EPA 
approved these ozone control plans, including their contingency 
elements as follows: VOC 15 percent RFP plan, March 22, 1996 (61 FR 
11735); post-1996 RFP plan, November 10, 2001 (66 FR 51572); and 1-hour 
ozone attainment demonstration and post-1999 RFP plan, November 13, 
2001 (66 FR 56931). Therefore, Wisconsin has met the contingency 
measure requirements of sections 172(c)(9) and 182(c)(9) of the CAA for 
the 1-hour ozone standard.
b. Sheboygan Area
    With respect to the 1-hour standard requirements, the Sheboygan 
area was an attainment area subject to a CAA section 175A maintenance 
plan under the 1-hour standard. The D.C. Circuit's decisions do not 
impact redesignation requests for these types of areas, except to the 
extent that the court, in its June 8, 2007, decision, clarified that 
for those areas with 1-hour MVEBs in their maintenance plans, anti-
backsliding provisions require that those 1-hour budgets must be used 
for 8-hour conformity determinations until replaced by 8-hour budgets. 
All conformity determinations must comply with the applicable 
requirements of EPA's conformity regulations at 40 CFR part 93.
    With respect to the three other anti-backsliding provisions for the 
1-hour standard that the court found were not properly retained, the 
Sheboygan area is an attainment area subject to a maintenance plan for 
the 1-hour standard, and the nonattainment NSR, contingency measures 
(pursuant to section 172(c)(9) or 182(c)(9)), and fee provision 
requirements no longer apply to an area that has been redesignated to 
attainment of the 1-hour standard.
    Thus the decision in South Coast should not alter requirements that 
would preclude EPA from proposing or finalizing the redesignations of 
these areas.

IV. What are the criteria for redesignation to attainment?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) allows for 
redesignation provided that: (1) The Administrator determines that the 
area has attained the applicable NAAQS; (2) the Administrator has fully 
approved the applicable implementation plan for the area under section 
110(k); (3) the Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable SIP and applicable 
Federal air pollutant control regulations and other permanent and 
enforceable reductions; (4) the Administrator has fully approved a 
maintenance plan for the area as meeting the requirements of section 
175A; and, (5) the state containing such area has met all requirements 
applicable to the area under section 110 and part D.
    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 this guidance on April 28, 
1992 (57 FR 18070). EPA has provided further guidance on processing 
redesignation requests in the following documents:
    ``Ozone and Carbon Monoxide Design Value Calculations,'' Memorandum 
from William G. Laxton, Director Technical Support Division, June 18, 
1990;
    ``Maintenance Plans for Redesignation of Ozone and Carbon Monoxide 
Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, April 30, 1992;
    ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,''

[[Page 6731]]

Memorandum from John Calcagni, Director, Air Quality Management 
Division, September 4, 1992;
    ``State Implementation Plan (SIP) Actions Submitted in Response to 
Clean Air Act (ACT) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992;
    ``Technical Support Documents (TSD's) for Redesignation Ozone and 
Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G.T. Helms, 
Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
    ``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,'' Memorandum from Michael H. Shapiro, Acting 
Assistant Administrator for Air and Radiation, September 17, 1993;
    ``Use of Actual Emissions in Maintenance Demonstrations for Ozone 
and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, Acting 
Director, Air Quality Management Division, to Air Division Directors, 
Regions 1-10, November 30, 1993.
    ``Part D New Source Review (part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
    ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, May 10, 1995.

V. What is EPA's analysis of the State's request?

A. Redesignation

    EPA is proposing to determine that the Milwaukee-Racine and 
Sheboygan areas have met all applicable redesignation criteria under 
CAA section 107(d)(3)(E). The bases for EPA's proposed approval of the 
redesignation requests are as follows:
1. The Areas Have Attained the 1997 8-Hour Ozone NAAQS. (Section 
107(d)(3)(E)(i))
    On March 1, 2011 (76 FR 11080), EPA determined that the Milwaukee-
Racine and Sheboygan areas have attained the 1997 8-hour ozone NAAQS 
based on monitoring data for 2006-2008 and 2007-2009, and 2008-2010 
time periods. An area may be considered to be attaining the 1997 8-hour 
ozone NAAQS if there are no violations, as determined in accordance 
with 40 CFR 50.10 and 40 CFR part 50, appendix I, based on three 
complete, consecutive calendar years of quality-assured air quality 
monitoring data. To attain this standard, the three-year average of the 
fourth-highest daily maximum 8-hour average ozone concentrations 
measured at each monitor within an area over each year must not exceed 
0.08 ppm. Based on the rounding convention described in 40 CFR part 50, 
appendix I, the standard is attained if the design value is 0.084 ppm 
or below. The data must be collected and quality-assured in accordance 
with 40 CFR part 58, and recorded in EPA's Air Quality System (AQS). 
The monitors generally should have remained at the same location for 
the duration of the monitoring period required for demonstrating 
attainment.
    All 2006-2010 monitoring data have been quality-assured in 
accordance with 40 CFR 58.10, recorded in the AQS database, and 
certified. The data meet the completeness criteria in 40 CFR 50, 
appendix I, which requires a minimum completeness of 75 percent 
annually and 90 percent over each three-year period. Monitoring data is 
presented in Table 1 below. In addition, available preliminary 
monitoring data for 2011 continue to show the areas in attainment of 
the standard.

    Table 1--Annual 4th High Daily Maximum 8-Hour Ozone Concentrations and Three-Year Averages of 4th High Daily Maximum 8-Hour Ozone Concentrations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              2006     2007     2008     2009     2010
                                                                              4th      4th      4th      4th      4th    2006-2008  2007-2009  2008-2010
              Area                       County              Monitor          high     high     high     high     high    average    average    average
                                                                             (ppm)    (ppm)    (ppm)    (ppm)    (ppm)     (ppm)      (ppm)      (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee-Racine................  Kenosha............  Pleasant Prairie 55-   0.079    0.085    0.072    0.071    0.081      0.078      0.076      0.074
                                                        059-0019.
                                  Milwaukee..........  16th St. HC 55-079-    0.064    0.067    0.059    0.066    0.065      0.063      0.064      0.063
                                                        0010.
                                                       WDNR SERHQ 55-079-     0.068    0.075    0.063    0.067    0.076      0.068      0.068      0.068
                                                        0026.
                                                       UWM-North 55-079-      0.073    0.078    0.065    0.068      n/a      0.072      0.070        n/a
                                                        0041.
                                                       Bayside 55-079-0085    0.073    0.083    0.069    0.072    0.082      0.075      0.074      0.074
                                  Ozaukee............  Grafton 55-089-0008    0.071    0.082    0.064    0.067    0.075      0.072      0.071      0.068
                                                       Harr. Beach 55-089-    0.072    0.084    0.067    0.070    0.078      0.074      0.073      0.071
                                                        0009.
                                  Racine.............  Racine 55-101-0017.    0.071    0.077    0.065    0.071    0.078      0.071      0.071      0.071
                                  Washington.........  Slinger 55-131-0009    0.066    0.071    0.060    0.065    0.064      0.065      0.065      0.063
                                  Waukesha...........  Waukesha 55-133-       0.067    0.072    0.060    0.059    0.062      0.066      0.063      0.060
                                                        0027.
Sheboygan.......................  Sheboygan..........  Kohler Andre Park      0.083    0.088    0.075    0.074    0.085      0.082      0.079      0.078
                                                        55-117-0006.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In addition, as discussed below with respect to the maintenance 
plan, WDNR has committed to continue to operate an EPA-approved 
monitoring network in the areas. WDNR will continue to quality assure 
monitoring data in accordance with 40 CFR part 58 and enter all data 
into the AQS in accordance with Federal guidelines. In summary, EPA 
believes that the data provide an adequate demonstration that the 
Milwaukee-Racine and Sheboygan areas have attained and continue to 
attain the 8-hour ozone NAAQS.
2. The Area Has Met All Applicable Requirements Under Section 110 and 
Part D; and the Area Has a Fully Approved SIP Under Section 110(k). 
(Sections 107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
    We are proposing to determine that Wisconsin has met all currently 
applicable SIP requirements for

[[Page 6732]]

purposes of redesignation of the Milwaukee-Racine and Sheboygan areas 
to attainment of the 1997 8-hour ozone standard under section 110 and 
part D of the CAA, in accordance with section 107(d)(3)(E)(v). We are 
also proposing to determine that the Wisconsin SIP, with the exception 
of the comprehensive emission inventory and certain VOC RACT rules, is 
fully approved with respect to all applicable requirements for purposes 
of redesignation to attainment of the 1997 8-hour ozone standard, in 
accordance with section 107(d)(3)(E)(ii) of the CAA. As discussed 
below, in this action EPA is proposing to approve Wisconsin's 2005 
comprehensive emissions inventory as meeting the comprehensive 
emissions inventory requirement of section 182(a)(1) for the areas. EPA 
is taking action on the Wisconsin VOC RACT regulations in a separate 
rule.
    Recognizing that the comprehensive emissions inventory and VOC RACT 
rules must be approved on or before we complete final rulemaking 
approving the redesignation requests, we determine here that, assuming 
that this occurs, Wisconsin will have met all applicable section 110 
and part D SIP requirements of the CAA for purposes of approval of 
Wisconsin's ozone redesignation requests for the Milwaukee-Racine and 
Sheboygan areas. In making these determinations, we have ascertained 
what SIP requirements are applicable to the area for purposes of 
redesignation, and have determined that the portions of the SIP meeting 
these requirements are fully approved or will be fully approved under 
section 110(k) of the CAA by the time we complete final rulemaking on 
Wisconsin's ozone redesignation requests for the Milwaukee-Racine and 
Sheboygan areas. As discussed more fully below, SIPs must be fully 
approved only with respect to currently applicable requirements of the 
CAA.
    The September 4, 1992, Calcagni memorandum (see ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's interpretation of section 
107(d)(3)(E) of the CAA. Under this interpretation, a state and the 
area it wishes to redesignate must meet the relevant CAA requirements 
that are due prior to the state's submittal of a complete redesignation 
request for the area. See also the September 17, 1993, Michael Shapiro 
memorandum and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of 
Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone NAAQS). 
Applicable requirements of the CAA that come due subsequent to the 
state's submittal of a complete request remain applicable until a 
redesignation to attainment is approved, but are not required as a 
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra 
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427 
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to 
attainment of the 1-hour ozone NAAQS).
    Since EPA determined that the areas have attained the 1997 8-hour 
ozone standard, under 40 CFR 51.918, the requirements to submit certain 
planning SIPs related to attainment, including attainment demonstration 
requirements (the reasonably available control measure (RACM) 
requirement of section 172(c)(1) of the CAA, the RFP and attainment 
demonstration requirements of sections 172(c)(2) and (6) and 182(b)(1) 
of the CAA, and the requirement for contingency measures of section 
172(c)(9) of the CAA) are not applicable to the areas as long as they 
continue to attain the NAAQS and will cease to apply upon 
redesignation. In addition, in the context of redesignations, EPA has 
interpreted requirements related to attainment as not applicable for 
purposes of redesignation. For example, in the General Preamble EPA 
stated that:

[t]he section 172(c)(9) requirements are directed at ensuring RFP 
and attainment by the applicable date. These requirements no longer 
apply when an area has attained the standard and is eligible for 
redesignation. Furthermore, section 175A for maintenance plans * * * 
provides specific requirements for contingency measures that 
effectively supersede the requirements of section 172(c)(9) for 
these areas. ``General Preamble for the Interpretation of Title I of 
the Clean Air Act Amendments of 1990,'' (General Preamble) 57 FR 
13498, 13564 (April 16, 1992).

See also Calcagni memorandum at 6 (``The requirements for reasonable 
further progress and other measures needed for attainment will not 
apply for redesignations because they only have meaning for areas not 
attaining the standard.'').
a. The Milwaukee-Racine and Sheboygan Areas Have Met All Applicable 
Requirements Under Section 110 and Part D of the CAA for Purposes of 
Redesignation
i. Section 110 General SIP Requirements
    Section 110(a) of title I of the CAA contains the general 
requirements for a SIP. Section 110(a)(2) provides that the 
implementation plan submitted by a state must have been adopted by the 
state after reasonable public notice and hearing, and that, among other 
things, it includes enforceable emission limitations and other control 
measures, means or techniques necessary to meet the requirements of the 
CAA; provides for establishment and operation of appropriate devices, 
methods, systems and procedures necessary to monitor ambient air 
quality; provides for implementation of a source permit program to 
regulate the modification and construction of any stationary source 
within the areas covered by the plan; includes provisions for the 
implementation of part C, PSD, and part D, NSR permit programs; 
includes criteria for stationary source emission control measures, 
monitoring, and reporting; includes provisions for air quality 
modeling; and provides for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain measures 
to prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address transport of 
air pollutants, e.g., the NOX SIP Call.\3\ However, the 
section 110(a)(2)(D) requirements for a state are not linked with a 
particular nonattainment area's designation and classification. EPA 
believes that the requirements linked with a particular nonattainment 
area's designation and classification are the relevant measures to 
evaluate in reviewing a redesignation request. The transport SIP 
submittal requirements, where applicable, continue to apply to a state 
regardless of the designation of any one particular area in the state. 
Thus, we believe that these requirements should not be construed to be 
applicable requirements for purposes of redesignation.
---------------------------------------------------------------------------

    \3\ On October 27, 1998 (63 FR 57356), EPA issued a 
NOX SIP call requiring the District of Columbia and 22 
states to reduce emissions of NOX in order to reduce the 
transport of ozone and ozone precursors. Wisconsin was not included 
in EPA's NOX SIP call.
---------------------------------------------------------------------------

    Further, we conclude that the other section 110 elements described 
above that are not connected with nonattainment plan submissions and 
not linked with an area's attainment status are also not applicable 
requirements for purposes of redesignation. A state remains subject to 
these requirements after an area is redesignated to attainment. We 
conclude that only the section 110 and part D requirements which are 
linked with a particular area's designation and

[[Page 6733]]

classification are the relevant measures which we may consider in 
evaluating a redesignation request. This approach is consistent with 
EPA's existing policy on applicability of conformity and oxygenated 
fuels requirements for redesignation purposes, as well as with section 
184 ozone transport requirements. See Reading, Pennsylvania, proposed 
and final rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 
24826, May 7, 1997); Cleveland-Akron-Lorain, Ohio, final rulemaking (61 
FR 20458, May 7, 1996); and Tampa, Florida, final rulemaking (60 FR 
62748, December 7, 1995). See also the discussion on this issue in the 
Cincinnati, Ohio 1-hour ozone redesignation (65 FR 37890, June 19, 
2000), and in the Pittsburgh, Pennsylvania 1-hour ozone redesignation 
(66 FR 50399, October 19, 2001).
    We have reviewed Wisconsin's SIP and have concluded that it meets 
the general SIP requirements under section 110 of the CAA, to the 
extent those requirements are applicable for purposes of redesignation. 
EPA has previously approved provisions of the Wisconsin SIP addressing 
section 110 elements under the 1-hour ozone standard (40 CFR 52.2570). 
Further, in submittals dated December 12, 2007, January 24, 2011, and 
March 28, 2011, Wisconsin confirmed that the state continues to meet 
the section 110 requirements for the 8-hour ozone standard. EPA 
approved some elements of this Wisconsin submittal on July 13, 2011, at 
76 FR 41075. The requirements of section 110(a)(2), however, are 
statewide requirements that are not linked to the 8-hour ozone 
nonattainment status of the Milwaukee-Racine and Sheboygan areas. 
Therefore, EPA concludes that these infrastructure SIP elements are not 
applicable requirements for purposes of review of the state's 8-hour 
ozone redesignation request.
ii. Part D Requirements
    EPA has determined that, if EPA finalizes the approval of the 2005 
comprehensive emissions inventory, discussed in section V.C. of this 
rulemaking, and the VOC RACT submittal, discussed below under the 
heading ``Subpart 2 Section 182(a) and (b) Requirements,'' the 
Wisconsin SIP will meet the SIP requirements applicable for purposes of 
redesignation under part D of the CAA for the Milwaukee-Racine and 
Sheboygan areas. Subpart 1 of part D, found in sections 172-176 of the 
CAA, sets forth the basic nonattainment requirements applicable to all 
nonattainment areas. Subpart 2 of part D, which includes section 182 of 
the CAA, establishes additional specific requirements depending on the 
area's nonattainment classification.
    The Milwaukee-Racine and Sheboygan areas were classified as 
moderate areas under subpart 2. Therefore, the state must meet the 
applicable requirements of both subpart 1 and subpart 2 of part D. The 
applicable subpart 1 requirements are contained in sections 172(c)(1)-
(9) and in section 176. The applicable subpart 2 requirements are 
contained in sections 182(a) and (b) (marginal and moderate 
nonattainment area requirements).
    Subpart 1 Section 172 Requirements. For purposes of evaluating this 
redesignation request, the applicable section 172 SIP requirements for 
the Milwaukee-Racine and Sheboygan areas are contained in sections 
172(c)(1)-(9). A thorough discussion of the requirements contained in 
section 172 can be found in the General Preamble for Implementation of 
Title I (57 FR 13498, April 16, 1992).
    Section 172(c)(1) requires the plans for all nonattainment areas to 
provide for the implementation of all RACM as expeditiously as 
practicable and to provide for attainment for the national primary 
ambient air quality standards. EPA interprets this requirement to 
impose a duty on all states containing nonattainment areas to consider 
all available control measures and to adopt and implement such measures 
as are reasonably available for implementation in each area as 
components of the area's attainment demonstration. Because attainment 
has been reached in the Milwaukee-Racine and Sheboygan areas, no 
additional measures are needed to provide for attainment and section 
172(c)(1) requirements are no longer considered to be applicable as 
long as the area continues to attain the standard until redesignation. 
See 40 CFR 51.918.
    The RFP requirement under section 172(c)(2) is defined as progress 
that must be made toward attainment. This requirement is not relevant 
for purposes of redesignation because the Milwaukee-Racine and 
Sheboygan areas have demonstrated monitored attainment of the 1997 8-
hour ozone NAAQS. (General Preamble, 57 FR 13564). See also 40 CFR 
51.918. In addition, because the Milwaukee-Racine and Sheboygan areas 
have attained the ozone NAAQS and are no longer subject to an RFP 
requirement, the section 172(c)(9) contingency measures are not 
applicable for purposes of redesignation. Id.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. This 
requirement was superseded by the inventory requirement in section 
182(a)(1) discussed below.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources in an 
area, and section 172(c)(5) requires source permits for the 
construction and operation of new and modified major stationary sources 
anywhere in the nonattainment area. EPA approved Wisconsin's current 
NSR program on December 17, 2008 (73 FR 76558 and 76560). Nonetheless, 
EPA has determined that, since PSD requirements will apply after 
redesignation, areas being redesignated need not comply with the 
requirement that a NSR program be approved prior to redesignation, 
provided that the area demonstrates maintenance of the NAAQS without 
part D NSR. A more detailed rationale for this view is described in a 
memorandum from Mary Nichols, Assistant Administrator for Air and 
Radiation, dated October 14, 1994, entitled, ``Part D New Source Review 
Requirements for Areas Requesting Redesignation to Attainment.'' 
Wisconsin has demonstrated that the Milwaukee-Racine and Sheboygan 
areas will be able to maintain the standard without part D NSR in 
effect; therefore, EPA concludes that the state need not have a fully 
approved part D NSR program prior to approval of the redesignation 
request. The state's PSD program will become effective in the 
Milwaukee-Racine and Sheboygan areas upon redesignation to attainment. 
See rulemakings for Detroit, Michigan (60 FR 12467-12468, March 7, 
1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 
1996); Louisville, Kentucky (66 FR 53665, October 23, 2001); and Grand 
Rapids, Michigan (61 FR 31834-31837, June 21, 1996).
    Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the standard. Because attainment 
has been reached, no additional measures are needed to provide for 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, we believe the 
Wisconsin SIP meets the requirements of section 110(a)(2) for purposes 
of redesignation.
    Subpart 1, Section 176 Conformity Requirements.
    Section 176(c) of the CAA requires states to establish criteria and

[[Page 6734]]

procedures to ensure that Federally-supported or funded activities, 
including highway projects, conform to the air quality planning goals 
in the applicable SIPs. The requirement to determine conformity applies 
to transportation plans, programs and projects developed, funded or 
approved under title 23 of the U.S. Code and the Federal Transit Act 
(transportation conformity) as well as to all other Federally-supported 
or funded projects (general conformity). State conformity revisions 
must be consistent with Federal conformity regulations relating to 
consultation, enforcement, and enforceability, which EPA promulgated 
pursuant to CAA requirements.
    EPA interprets the conformity SIP requirements as not applying for 
purposes of evaluating the redesignation request under section 107(d) 
for two reasons. First, the requirement to submit SIP revisions to 
comply with the conformity provisions of the CAA continues to apply to 
areas after redesignation to attainment, since such areas would be 
subject to a section 175A maintenance plan. Second, EPA's Federal 
conformity rules require the performance of conformity analyses in the 
absence of Federally-approved state rules. Therefore, because areas are 
subject to the conformity requirements regardless of whether they are 
redesignated to attainment and, because they must implement conformity 
under Federal rules if state rules are not yet approved, it is 
reasonable to view these requirements as not applying for purposes of 
evaluating a redesignation request. See Wall v. EPA, 265 F.3d 426 (6th 
Cir. 2001), upholding this interpretation. See also 60 FR 62748, 62749-
62750 (Dec. 7, 1995) (Tampa, Florida).
    EPA approved Wisconsin's general and transportation conformity SIPs 
on July 29, 1996 (61 FR 39329) and August 27, 1996 (61 FR 43970), 
respectively. Wisconsin has submitted onroad motor vehicle budgets for 
the Milwaukee-Racine area of 21.08 tons per day (tpd) and 15.98 tpd VOC 
and 51.22 tpd and 31.91 tpd NOX for the years 2015 and 2022, 
respectively. Wisconsin has submitted onroad motor vehicle budgets for 
the Sheboygan area of 2.024 tpd and 1.615 tpd VOC and 4.321 tpd and 
2.778 tpd NOX for the years 2015 and 2022, respectively. The 
areas must use the MVEBs from the maintenance plan in any conformity 
determination that is effective on or after the effective date of the 
maintenance plan approval.
    Subpart 2 Section 182(a) and (b) Requirements.
    Comprehensive Emissions Inventory. Section 182(a)(1) requires the 
submission of a comprehensive emissions inventory. As part of 
Wisconsin's redesignation request for the Milwaukee-Racine and 
Sheboygan areas, the state submitted a 2005 comprehensive emissions 
inventory. As discussed below in section V.C., EPA is proposing to 
approve the 2005 inventory as meeting the section 182(a)(1) 
comprehensive emissions inventory requirement.
    Emissions Statements. EPA approved Wisconsin's emission statement 
SIP, as required by section 182(a)(3)(B), on December 6, 1993 (58 FR 
64155).
    Reasonable Further Progress and Attainment Demonstration. On 
September 11, 2009, Wisconsin submitted an attainment demonstration and 
RFP plans for the Milwaukee-Racine and Sheboygan areas as required by 
section 182(b)(1) of the CAA. Because attainment has been reached, 
section 182(b)(1) requirements are no longer considered to be 
applicable as long as the area continues to attain the standard. If EPA 
finalizes approval of the redesignation of the Milwaukee-Racine and 
Sheboygan areas, EPA will take no further action on the attainment 
demonstration and RFP plans submitted by Wisconsin for the areas.
    VOC RACT Requirements. Section 182(b)(2) requires states with 
moderate nonattainment areas to implement RACT under section 172(c)(1) 
with respect to each of the following: (1) All sources covered by a 
Control Technology Guideline (CTG) document issued between November 15, 
1990, and the date of attainment; (2) all sources covered by a CTG 
issued prior to November 15, 1990; and, (3) all other major non-CTG 
stationary sources. As required under the 1-hour ozone standard, 
Wisconsin submitted VOC RACT rules covering the second and third 
categories. EPA approved these VOC RACT rules on the following dates: 
August 15, 1994 (59 FR 41709), April 27, 1995 (60 FR 20643), June 30, 
1995 (60 FR 34170), July 28, 1995 (60 FR 38722), February 12, 1996 (61 
FR 5307), February 13, 1996 (61 FR 5514), April 4, 1996 (61 FR 14972), 
April 9, 1996 (61 FR 15706), April 25, 1996 (61 FR 18257), July 17, 
1996 (61 FR 37216), August 29, 1996 (61 FR 45327), June 8, 2000 (65 FR 
36351), November 13, 2001 (66 FR 56931), and September 22, 2006 (71 FR 
55287). With respect to the first category, EPA issued CTGs for five 
source categories in September 2006 and three additional source 
categories in September 2007. Areas classified as moderate and above 
were required to submit VOC RACT for the source categories covered by 
these CTGs, by September 2007 and September 2008, respectively. 
Wisconsin submitted SIP revisions to address these CTGs on September 1, 
2009, and November 16, 2011. EPA is taking action on these revisions in 
a separate rulemaking action. Full approval of Wisconsin's RACT 
submittals is a prerequisite for approval of the redesignation of the 
Milwaukee-Racine and Sheboygan areas to attainment.
    NOX RACT. Section 182(f) establishes NOX 
requirements for ozone nonattainment areas. EPA approved Wisconsin's 
NOX RACT SIP on October 19, 2010 (75 FR 64155).
    Stage II Vapor Recovery. Section 182(b)(3) requires states to 
submit Stage II rules no later than November 15, 1992. EPA approved 
Wisconsin's Stage II rule on August 13, 1993 (58 FR 43080), August 15, 
1994 (59 FR 41709), and April 27, 1995 (60 FR 206423).
    Vehicle Inspection and Maintenance (I/M). EPA's final I/M 
regulations in 40 CFR part 85 required the states to submit a fully 
adopted I/M program by November 15, 1993. EPA approved Wisconsin's 
enhanced I/M program on January 12, 1995 (60 FR 2881) and August 16, 
2001 (66 FR 42949).
    Thus, as discussed above, with approval of the comprehensive 
emissions inventory and Wisconsin's VOC RACT submittals, the Milwaukee-
Racine and Sheboygan areas will satisfy the requirements applicable for 
purposes of redesignation under section 110 and part D of the CAA.
b. The Milwaukee-Racine and Sheboygan Areas Have a Fully Approved 
Applicable SIP for Purposes of Redesignation Under Section 110(k) of 
the CAA
    If EPA issues a final approval of the comprehensive emissions 
inventory and Wisconsin's VOC RACT submittals, EPA will have fully 
approved the Wisconsin SIP for the Milwaukee-Racine and Sheboygan areas 
under section 110(k) of the CAA for all requirements applicable for 
purposes of redesignation. EPA may rely on prior SIP approvals in 
approving a redesignation request (See page three of the September 4, 
1992, John Calcagni memorandum; Southwestern Pennsylvania Growth 
Alliance v. Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v. 
EPA, 265 F.3d 426 (6th Cir. 2001)), plus any additional measures it may 
approve in conjunction with a redesignation action. See 68 FR 25413, 
25426 (May 12, 2003). Since the passage of the CAA of 1970, Wisconsin 
has adopted and submitted, and EPA has fully approved, provisions 
addressing the various required SIP elements applicable to the 
Milwaukee-Racine and Sheboygan areas under the

[[Page 6735]]

1-hour ozone standard. In this action, EPA is proposing to approve 
Wisconsin's 2005 comprehensive emissions inventory for the Milwaukee-
Racine and Sheboygan areas as meeting the requirement of section 
182(a)(1) of the CAA. In a separate rule, EPA will take action on the 
Wisconsin VOC RACT submittals.
c. The Milwaukee-Racine Area Has a Fully Approved SIP and Meets Anti-
Backsliding Requirements Under the 1-Hour Ozone Standard
    The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe 1-
hour ozone NAAQS requirements that continue to apply after the 
revocation of the 1-hour ozone NAAQS for former 1-hour ozone 
nonattainment areas. 40 CFR 51.905(a)(1)(i) provides that:

    The area remains subject to the obligation to adopt and 
implement the applicable requirements defined in 40 CFR 51.900(f), 
except as provided in paragraph (a)(1)(iii) of this section, and 
except as provided in paragraph (b) of this section.

40 CFR 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005), 
provides that:

    Applicable requirements means for an area the following 
requirements to the extent such requirements apply or applied to the 
area for the area's classification under section 181(a)(1) of the 
CAA for the 1-hour NAAQS at designation for the 8-hour NAAQS:
    (1) Reasonably available control technology (RACT).
    (2) Inspection and maintenance programs (I/M).
    (3) Major source applicability cut-offs for purposes of RACT.
    (4) Rate of Progress (ROP) reductions.
    (5) Stage II vapor recovery.
    (6) Clean fuels fleet program under section 182(c)(4) of the 
CAA.
    (7) Clean fuels for boilers under section 182(e)(3) of the CAA. 
[Not a requirement for the Milwaukee-Racine area.]
    (8) Transportation Control Measures (TCMs) during heavy traffic 
hours as provided under section 182(e)(4) of the CAA.
    (9) Enhanced (ambient) monitoring under section 182(c)(1) of the 
CAA.
    (10) Transportation controls under section 182(c)(5) of the CAA.
    (11) Vehicle miles travelled provisions of section 182(d)(1) of 
the CAA.
    (12) NOX requirements under section 182(f) of the 
CAA.
    (13) Attainment demonstration or an alternative as provided 
under 40 CFR 51.905(a)(1)(ii).

    In addition to applicable requirements listed under 40 CFR 
51.900(f) and as discussed above, the state must also comply with the 
1-hour anti-backsliding requirements discussed in the DC Circuit's 
decisions in South Coast Air Quality Management Dist. v. EPA. See 
III.B.i, above.
    Pursuant to 40 CFR 51.905(c), the Milwaukee-Racine area is subject 
to the obligations set forth in 40 CFR 51.905(a) and 40 CFR 51.900(f). 
The following paragraphs address the 1-hour ozone SIP requirements 
applicable to the Milwaukee-Racine area pursuant to all the anti-
backsliding requirements described above.
    Prior to the revocation of the 1-hour ozone standard on June 15, 
2005, the Milwaukee-Racine area was classified as a severe 
nonattainment area for the 1-hour ozone standard with an attainment 
deadline of November 15, 2007, and was therefore subject to the ozone 
SIP requirements for severe 1-hour ozone nonattainment areas contained 
in sections 182(a) through 182(d) of the CAA. In reviewing Wisconsin's 
ozone redesignation request for the Milwaukee-Racine area, we assessed 
whether the area satisfied the CAA requirements under the 1-hour ozone 
standard. We conclude that this area and the state of Wisconsin have 
satisfied all anti-backsliding CAA requirements applicable to a severe 
ozone nonattainment area by complying with all applicable 1-hour ozone 
SIP requirements. The following discusses how the applicable CAA 
requirements have been met in the Milwaukee-Racine area.

40 CFR 51.900(f)(1) and (3) RACT

    Section 182(a)(2)(A) of the CAA requires RACT corrections. Section 
182(b)(2) requires RACT for each category of VOC sources covered by a 
CTG and for all other major sources of VOC within an ozone 
nonattainment area. Section 182(d) specifies requirements for severe 
ozone nonattainment areas, including a major source emissions cut-off 
of 25 tons per year.
    Under the 1-hour ozone standard, EPA fully approved Wisconsin's VOC 
RACT regulations as SIP revisions for CTG sources and for major non-CTG 
sources through rulemakings on the following dates: August 15, 1994 (59 
FR 41709), April 27, 1995 (60 FR 20643), June 30, 1995 (60 FR 34170), 
July 28, 1995 (60 FR 38722), February 12, 1996 (61 FR 5307), February 
13, 1996 (61 FR 5514), April 4, 1996 (61 FR 14972), April 9, 1996 (61 
FR 15706), April 25, 1996 (61 FR 18257), July 17, 1996 (61 FR 37216), 
August 29, 1996 (61 FR 45327), June 8, 2000 (65 FR 36351), November 13, 
2001 (66 FR 56931), and September 22, 2006 (71 FR 55287). These RACT 
SIP revisions include rules covering all non-CTG sources in the 
Milwaukee-Racine area with the potential to emit VOCs at or in excess 
of 25 tons per year.
    EPA issued CTGs for five source categories in September 2006 and 
three additional source categories in September 2007. Areas classified 
as moderate and above for the 1997 8-hour standard were required to 
submit VOC RACT for the source categories covered by these CTGs by 
September 2007 and September 2008, respectively. Wisconsin submitted 
SIP revisions to address these CTGs on September 1, 2009, and November 
16, 2011. EPA is taking action on these revisions in a separate 
rulemaking action. Full approval of Wisconsin's RACT submittals is a 
prerequisite for approval of the redesignation of the Milwaukee-Racine 
and Sheboygan areas to attainment.

40 CFR 51.900(f)(2) Vehicle I/M

    EPA approved Wisconsin's enhanced I/M program on January 12, 1995 
(60 FR 2881), and August 16, 2001 (66 FR 42949).

40 CFR 51.900(f)(4) ROP

    Sections 182(b)(1)(A) and 182(c)(2)(B) of the CAA establish the ROP 
requirements for ozone nonattainment areas. EPA has fully approved 
Wisconsin's SIP revisions that demonstrate that Wisconsin achieved ROP 
in the Milwaukee-Racine area. On March 22, 1996 (61 FR 11735), EPA 
approved Wisconsin's plan to achieve a 15 percent reduction in VOC 
emissions in the Milwaukee-Racine area, as required in section 182(b) 
of the CAA. On October 10, 2001 (66 FR 51572), EPA approved Wisconsin's 
plan to achieve ROP between 1996 and 1999 in this area, meeting the ROP 
requirements of section 182(c) of the CAA. Finally, on November 13, 
2001 (66 FR 56931), EPA approved Wisconsin's plan to achieve ROP 
emission reductions for the period of 1999 through 2007.

40 CFR 51.900(f)(5) Stage II Gasoline Vapor Recovery

    EPA approved Wisconsin's Stage II rule on August 13, 1993 (58 FR 
43080), August 15, 1994 (59 FR 41709), and April 27, 1995 (60 FR 
206423).

40 CFR 51.900(f)(6) Clean Fuel Fleet Program

    EPA approved Wisconsin's clean fuel fleet program rules as required 
by section 182(c)(4) of the CAA on March 11, 1996 (61 FR 9639).

40 CFR 51.900(f)(7) Clean Fuels for Boilers

    Section 182(e)(3) of the CAA, which requires clean fuels for 
boilers, does not apply to the Milwaukee-Racine area.

[[Page 6736]]

This CAA requirement only applies to extreme ozone nonattainment areas.

40 CFR 51.900(f)(8) Traffic Control Measures During Heavy Traffic Hours

    This requirement applies to areas subject to section 182(e)(4) of 
the CAA, which covers extreme ozone nonattainment areas, and, 
therefore, does not apply to the Milwaukee-Racine area.

40 CFR 51.900(f)(9) Enhanced Ambient Monitoring

    On March 18, 1994 (59 FR 1251), EPA approved Wisconsin's SIP 
revision establishing an enhanced monitoring program for ozone in the 
Milwaukee-Racine area, as required by section 182(c)(1) of the CAA.

40 CFR 51.900(f)(10) Transportation Control Measures

    Within six months of November 15, 1990, and every three years 
thereafter, section 182(c)(5) of the CAA requires states to submit a 
demonstration that current aggregate vehicle mileage, aggregate vehicle 
emissions, congestion levels, and other relevant traffic-related and 
vehicle emissions-related factors are consistent with those used for 
the area's ozone attainment demonstration for serious and above 1-hour 
ozone nonattainment areas. If the levels of relevant parameters that 
are projected in the attainment demonstration are exceeded, a state has 
18 months to develop and submit a revision to the SIP to include TCMs 
to reduce mobile source emissions to levels consistent with the 
emission levels in the attainment demonstration.
    The section 182(c)(5) requirements are included in those measures 
subject to EPA's interpretation under EPA's May 10, 1995, Clean Data 
Policy memorandum. As provided by the clean data policy, since the 
Milwaukee-Racine area is attaining the 1-hour ozone standard, any 
requirement for submitting the section 182(c)(5) measures for the 
Milwaukee-Racine area is suspended. See also 40 CFR 51.918.

40 CFR 51.900(f)(11) Vehicle Miles Travelled

    Section 182(d)(1)(A) of the CAA requires severe ozone nonattainment 
areas to offset the growth in emissions attributed to growth in VMT; to 
select and implement TCMs necessary to comply with the periodic 
emission reduction requirements of sections 182(b) and (c); and, to 
consider TCMs specified in section 108(f) of the CAA, and implement 
TCMs as necessary to demonstrate attainment with the ozone standard. 
EPA approved Wisconsin's section 182(d)(1)(A) VMT SIP on May 5, 1995 
(60 FR 22284), and September 11, 1995 (60 FR 47088).

40 CFR 51.900(f)(12) NOX Requirements Under Section 182(f)

    Section 182(f) requires major sources of NOX in an ozone 
nonattainment area to be covered by emission control requirements 
equivalent to those required for major sources of VOC, unless EPA 
waives the NOX emission control requirements as provided in 
section 182(f). The section 182(f) NOX emission control 
requirements include NOX RACT in ozone nonattainment areas 
required to implement VOC RACT for 1-hour ozone nonattainment areas 
classified as moderate or above. On February 3, 1998 (63 FR 5460), EPA 
approved a NOX emissions control waiver for the Milwaukee-
Racine area for the 1-hour ozone standard.

40 CFR 51.900(f)(13) Ozone Attainment Demonstration

    On November 13, 2001 (66 FR 56931), EPA approved Wisconsin's 1-hour 
ozone attainment demonstration SIP revision for the Milwaukee-Racine 
area.

New Source Review

    EPA has determined that an area being redesignated need not have an 
approved nonattainment NSR program, provided that the state 
demonstrates maintenance of the standard in the area without part D NSR 
in effect. The rationale for this view is described in a memorandum 
from Mary Nichols, Assistant Administrator for Air and Radiation, dated 
October 14, 1994, entitled, ``Part D New Source Review Requirements for 
Areas See III.3.a., above

Transportation Conformity

    The conformity portion of the court's ruling does not impact the 
redesignation request for the Milwaukee-Racine area except to the 
extent that the court, in its June 8, 2007, decision clarified that, 
for those areas with MVEBs for the 1-hour ozone standard, anti-
backsliding requires that these MVEBs be used for 8-hour conformity 
determinations until replaced by MVEBs for the 8-hour ozone standard. 
To meet this requirement, conformity determinations in such areas must 
comply with the applicable requirements of EPA's conformity regulations 
at 40 CFR part 93. Note below that EPA is proposing to find adequate 
and approve 8-hour MVEBs established by Wisconsin's 8-hour ozone 
maintenance plans for the Milwaukee and Sheboygan areas.

Contingency Measures

    The contingency measure requirements under sections 172(c)(9) and 
182(c)(9) of the CAA must be addressed in state ozone RFP and 
attainment demonstration plans. Wisconsin addressed these requirements 
in the 1-hour ozone RFP and attainment demonstration plans for the 
Milwaukee-Racine area by adopting and implementing extra VOC and 
NOX emission controls that go beyond the emission reductions 
needed for RFP and attainment of the 1-hour ozone standard. EPA 
approved these ozone control plans, including their contingency 
elements as follows: VOC 15 percent RFP plan, March 22, 1996 (61 FR 
11735); post-1996 RFP plan, November 10, 2001 (66 FR 51572); and 1-hour 
ozone attainment demonstration and post-1999 RFP plan, November 13, 
2001 (66 FR 56931). Therefore, Wisconsin has met the contingency 
requirements of sections 172(c)(9) and 182(c)(9) of the CAA for the 1-
hour ozone standard.

Section 185 Source Emission Penalty Fees

    EPA approved an excess VOC emissions fee rule for the Milwaukee-
Racine area on June 25, 2002 (67 FR 42729). On April 24, 2009 (74 FR 
18641), EPA published a final rule making a determination that the 
Milwaukee-Racine area had attained the 1-hour ozone standard and 
confirming that this finding of attainment relieved Wisconsin of the 
obligation to adopt section 185 source penalty fee regulations for this 
area.

Conclusion

    For the reasons discussed above, EPA concludes that Wisconsin has 
met all part D SIP requirements for the 1-hour ozone standard 
applicable to the Milwaukee-Racine area for purposes of redesignation, 
as addressed in the DC Circuit's and EPA's anti-backsliding 
requirements.
3. The Improvement in Air Quality Is Due to Permanent and Enforceable 
Reductions in Emissions Resulting From Implementation of the SIP and 
Applicable Federal Air Pollution Control Regulations and Other 
Permanent and Enforceable Reductions. (Section 107(d)(3)(E)(iii))
    EPA finds that Wisconsin has demonstrated that the observed air 
quality improvement in the Milwaukee-Racine and Sheboygan areas is due 
to permanent and enforceable reductions in emissions resulting from 
implementation of the SIP, Federal

[[Page 6737]]

measures, and other state-adopted measures.
    In making this demonstration, the state has calculated the change 
in emissions between 2005 and 2008. For the nonattainment inventory, 
Wisconsin used the 2005 emissions inventory developed to meet the 
comprehensive emissions inventory requirement of section 182(a)(1) of 
the CAA. The state developed an attainment inventory for 2008, one of 
the years the Milwaukee-Racine and Sheboygan areas monitored attainment 
of the 1997 8-hour ozone standard. The reduction in emissions and the 
corresponding improvement in air quality over this time period can be 
attributed to a number of regulatory control measures that the 
Milwaukee-Racine and Sheboygan areas and upwind areas have implemented 
in recent years.
a. Permanent and Enforceable Controls Implemented
    The following is a discussion of permanent and enforceable measures 
that have been implemented in the areas:
    i. Automobile Inspection and Maintenance (I/M) program. Wisconsin 
operates an enhanced automobile inspection and maintenance program in 
the Milwaukee-Racine and Sheboygan areas.
    ii. Stationary Source NOX Rules. As part of the state's ROP plan 
under the 1-hour ozone standard, Wisconsin adopted regulations that 
control NOX emissions at electric utilities and large 
industrial combustion sources and establish NOX emissions 
standards for new sources. The regulation of existing sources was 
estimated to achieve a 55 ton per day reduction by 2007.
    iii. Federal Mobile Source Emission Control Measures. Reductions in 
VOC and NOX emissions have occurred statewide and in upwind 
areas as a result of Federal emission control measures, with additional 
emission reductions expected to occur in the future. Federal emission 
control measures include the following.
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. These emission control requirements result in lower VOC and 
NOX emissions from new cars and light duty trucks, including 
sport utility vehicles. The Federal rules were phased in between 2004 
and 2009. The EPA has estimated that, by the end of the phase-in 
period, the following vehicle NOX emission reductions will 
occur nationwide: passenger cars (light duty vehicles) (77 percent); 
light duty trucks, minivans, and sports utility vehicles (86 percent); 
and, larger sports utility vehicles, vans, and heavier trucks (69 to 95 
percent). VOC emission reductions are expected to range from 12 to 18 
percent, depending on vehicle class, over the same period. Some of 
these emission reductions occurred by the attainment years and 
additional emission reductions will occur throughout the maintenance 
period.
    Heavy-Duty Diesel Engine Rule. In July 2000, EPA issued a rule, 
effective in 2004, that includes standards limiting the sulfur content 
of diesel fuel. A second phase took effect in 2007 which further 
reduced the highway diesel fuel sulfur content to 15 parts per million, 
leading to additional reductions in combustion NOX and VOC 
emissions. This rule is expected to achieve a 95 percent reduction in 
NOX emissions from diesel trucks and busses.
    Nonroad Diesel Rule. EPA issued this rule in 2004. This rule 
applies to diesel engines used in industries, such as construction, 
agriculture, and mining. It is estimated that compliance with this rule 
will cut NOX emissions from nonroad diesel engines by up to 
90 percent. Some of these emission reductions occurred by the 
attainment years and additional emission reductions will occur 
throughout the maintenance period.
    iv. New Source Performance Standards (NSPS), National Emissions 
Standards for Hazardous Air Pollutants (NESHAPS) and Maximum Achievable 
Control Technology Standards (MACT). A broad range of emission sectors 
are subject to Federal NSPS, NESHAP, and MACT standards with compliance 
requirements which take effect over the attainment period.
    v. Control Measures in Upwind Areas. On October 27, 1998 (63 FR 
57356), EPA issued a NOX SIP Call requiring the District of 
Columbia and 22 states to reduce emissions of NOX. Affected 
states were required to comply with Phase I of the SIP Call beginning 
in 2004, and Phase II beginning in 2007. The reduction in 
NOX emissions has resulted in lower concentrations of 
transported ozone entering the Milwaukee-Racine and Sheboygan areas. 
Emission reductions resulting from regulations developed in response to 
the NOX SIP Call are permanent and enforceable.
b. Emission Reductions
    Wisconsin is using the 2005 emissions inventory developed pursuant 
to section 182(a)(1) of the CAA as the nonattainment inventory. This 
inventory is discussed in more detail in section V.C., below. In 
summary, WDNR developed the point source inventory using actual 
reported emissions, EPA's Clean Air Markets Database and EPA techniques 
for emissions calculation. The area source inventory was created by 
backcasting Wisconsin's 2008 emissions inventory that was submitted to 
EPA for the National Emissions Inventory. The nonroad mobile inventory 
was created using EPA's National Mobile Inventory Model (NMIM) (2009/
05/04 version). In addition, emissions estimates were developed for 
commercial marine vessels, aircraft, and railroads, three nonroad 
categories not included in the model. The onroad mobile source 
inventory was developed using EPA's MOVES2010a model. Wisconsin is 
using the 2008 emissions inventory for the attainment inventory. The 
point source sector of the emissions inventory was created using 
annually reported point source emissions, EPA's Clean Air Markets 
Database, and EPA techniques for emissions calculation. Emissions were 
estimated by collecting process-level information from each facility 
that qualifies for inclusion in the state's point source database. Area 
source emissions estimates were taken from the 2008 emissions inventory 
developed by WDNR to meet the periodic emissions inventory requirement 
of 40 CFR part 51, subpart A.
    In general, area source emissions estimates were calculated using 
population, gasoline consumption, employment, crop acreages, and other 
activity surrogates along with emission factors. Emission factors were 
derived from local data, local or national surveys and EPA guidance for 
the development of emissions inventories. Nonroad emissions estimates 
were developed using EPA's NMIM (2009/05/04 version). In addition, 
emissions estimates were developed for commercial marine vessels, 
aircraft, and railroads, three nonroad categories not included in the 
model. The onroad mobile source inventory was developed using EPA's 
MOVES2010a model.
    Using the inventories described above, Wisconsin's submittal 
documents changes in VOC and NOX emissions from 2005 to 2008 
for the Milwaukee-Racine and Sheboygan areas. Emissions data are shown 
in Tables 2 through 4.

[[Page 6738]]



                             Table 2--Milwaukee-Racine and Sheboygan Area VOC and NOX Emissions for Nonattainment Year 2005
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Point                   Area                   Nonroad                 Onroad                   Total
             County              -----------------------------------------------------------------------------------------------------------------------
                                      VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee-Racine Area...........      13.04       64.24       55.38       14.48       60.30       50.30       46.89      117.20      175.61      246.22
    Kenosha County..............       0.73       32.75        3.28        0.73        5.41        4.32        3.98        9.58       13.40       47.38
    Milwaukee County............       6.88       28.13       20.65        6.77       15.71       17.94       20.79       53.12       64.03      105.96
    Ozaukee County..............       0.42        0.52        3.79        0.87        2.70        5.44        2.72        6.84        9.63       13.67
    Racine County...............       1.17        0.77        5.88        1.25        7.42        5.70        4.38       10.65       18.85       18.37
    Washington County...........       0.47        0.88        9.71        1.19        6.45        4.08        3.91        9.78       20.54       15.93
    Waukesha County.............       3.37        1.19       12.07        3.67       22.61       12.82       11.11       27.23       49.16       44.91
Sheboygan Area (Sheboygan              2.307      17.338       6.879       1.114       6.245       4.389       3.340       8.489      18.771      31.330
 County)........................
--------------------------------------------------------------------------------------------------------------------------------------------------------


                               Table 3--Milwaukee-Racine and Sheboygan Area VOC and NOX Emissions for Attainment Year 2008
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Point                   Area                   Nonroad                 Onroad                   Total
             County              -----------------------------------------------------------------------------------------------------------------------
                                      VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee-Racine Area...........      12.17       39.16       57.22       14.76       50.02       45.34       36.35       92.74      155.76      192.00
    Kenosha County..............       1.33        8.56        3.39        0.76        4.57        3.94        3.05        7.52       12.34       20.78
    Milwaukee County............       5.52       26.91       21.19        6.85       12.90       15.83       16.05       41.68       55.66       91.27
    Ozaukee County..............       0.42        0.73        3.99        0.89        2.17        4.66        2.13        5.47        8.71       11.75
    Racine County...............       1.41        1.13        6.17        1.27        6.23        4.99        3.51        8.79       17.32       16.18
    Washington County...........       0.49        0.26        9.97        1.23        5.39        4.10        2.97        7.62       18.82       13.21
    Waukesha County.............       3.00        1.57       12.51        3.76       18.76       11.82        8.64       21.66       42.91       38.81
Sheboygan Area (Sheboygan              2.113      12.972       7.064       1.139       5.329       3.689       2.665       6.322      17.171      24.122
 County)........................
--------------------------------------------------------------------------------------------------------------------------------------------------------


         Table 4--Comparison of Milwaukee-Racine and Sheboygan Area 2005 and 2008 VOC and NOX Emissions
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                                                 VOC                                       NOX
                             -----------------------------------------------------------------------------------
           County                                          Net change                                Net change
                                  2005          2008       (2005-2008)      2005          2008       (2005-2008)
----------------------------------------------------------------------------------------------------------------
Milwaukee-Racine Area.......       175.61        155.76        -19.85        246.22        192.00        -54.22
    Point...................        13.04         12.17         -0.87         64.24         39.16        -25.08
    Area....................        55.38         57.22          1.84         14.48         14.76          0.28
    Nonroad.................        60.30         50.02        -10.28         50.30         45.34         -4.96
    Onroad..................        46.89         36.35        -10.54        117.20         92.74        -24.46
Sheboygan Area..............        18.771        17.171        -1.600        31.330        24.122        -7.208
    Point...................         2.307         2.113        -0.194        17.338        12.972        -4.366
    Area....................         6.879         7.064         0.185         1.114         1.139         0.025
    Nonroad.................         6.245         5.329        -0.916         4.389         3.689        -0.700
    Onroad..................         3.340         2.665        -0.675         8.489         6.322        -2.167
----------------------------------------------------------------------------------------------------------------

    Table 4 shows that the Milwaukee-Racine area reduced VOC emissions 
by 19.85 tpd and NOX emissions by 54.22 tpd between 2005 and 
2008, and the Sheboygan area reduced VOC emissions by 1.600 tpd and 
NOX emissions by 7.208 tpd between 2005 and 2008. Based on 
the information summarized above, Wisconsin has adequately demonstrated 
that the improvement in air quality is due to permanent and enforceable 
emissions reductions.
4. The Area Has a Fully Approved Maintenance Plan Pursuant to Section 
175a of the CAA. (Section 107(d)(3)(E)(iv))
    In conjunction with its requests to redesignate the Milwaukee-
Racine and Sheboygan nonattainment areas to attainment status, WDNR 
submitted SIP revisions to provide for the maintenance of the 1997 8-
hour ozone NAAQS in the areas through 2022.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the required elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. Under section 175A, the plan must demonstrate continued 
attainment of the applicable NAAQS for at least ten years after the 
Administrator approves a redesignation to attainment. Eight years after 
the redesignation, the state must submit a revised maintenance plan 
which demonstrates that attainment will continue to be maintained for 
ten years following the initial ten-year maintenance period. To address 
the possibility of future NAAQS violations, the maintenance plan must 
contain contingency measures with a schedule for implementation as EPA 
deems necessary to assure prompt correction of any future violations of 
the 1997 8-hour ozone standard.
    The September 4, 1992, John Calcagni memorandum provides additional 
guidance on the content of a maintenance plan. The memorandum clarifies 
that an ozone maintenance plan should address the following items: The 
attainment VOC and NOX emissions inventories, a maintenance 
demonstration showing maintenance for ten years of the maintenance 
period, a commitment to maintain the existing

[[Page 6739]]

monitoring network, factors and procedures to be used for verification 
of continued attainment of the NAAQS, and a contingency plan to prevent 
or correct future violations of the NAAQS.
b. Attainment Inventory
    WDNR developed an emissions inventory for 2008, one of the years 
Wisconsin used to demonstrate monitored attainment of the 1997 8-hour 
NAAQS, as described above. The attainment level of emissions is 
summarized in Table 3, above.
c. Demonstration of Maintenance
    Along with the redesignation requests, WDNR submitted revisions to 
the 8-hour ozone SIP to include maintenance plans for the Milwaukee-
Racine and Sheboygan areas, in compliance with section 175A of the CAA. 
These demonstrations show maintenance of the 1997 8-hour ozone standard 
through 2022 by assuring that current and future emissions of VOC and 
NOX for the Milwaukee-Racine and Sheboygan areas remain at 
or below attainment year emission levels. A maintenance demonstration 
need not be based on modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 
2001), Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 
FR 53094, 53099-53100 (October 19, 2001), 68 FR 25413, 25430-25432 (May 
12, 2003).
    Wisconsin is using emissions inventories for the years 2015 and 
2022 to demonstrate maintenance. The emissions inventories were 
developed as described below.
    Electric Generating Unit (EGU) point source emissions for 2018 were 
estimated using IPM3.0. Non-EGU point source emissions for 2018 were 
derived by applying growth and control factors, developed by Pechan for 
the Lake Michigan Air Directors Consortium (LADCO), to the 2005 
inventory. Growth factors were initially based on the Economic Growth 
and Analysis System (EGAS) model and were modified for select priority 
categories by examining emissions activity data. Projected emissions 
for 2015 and 2022 were estimated using linear interpolation and 
extrapolation from 2008 and 2018 emissions estimates.
    Area source emissions inventories were created by projecting the 
2008 emissions inventory. The emission projections were primarily based 
on growth factors from the EGAS model. If EGAS growth factors were not 
available, population based growth factors were used.
    Nonroad emissions estimates were developed using EPA's NMIM model 
(2009/05/04 version). In addition, emissions estimates were developed 
for commercial marine vessels, aircraft, and railroads, three nonroad 
categories not included in the model. Onroad emissions estimates were 
generated using the MOVES2010a model.
    Emissions data are shown in Tables 5 through 7 below.

                              Table 5--Milwaukee-Racine and Sheboygan Area VOC and NOX Emissions for Maintenance Year 2015
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Point                   Area                   Nonroad                 Onroad                   Total
             County              -----------------------------------------------------------------------------------------------------------------------
                                      VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee-Racine Area...........      15.89       45.35       53.53       13.63       30.58       29.60       21.08       51.22      121.08      139.80
    Kenosha County..............       0.99       13.12        3.17        0.71        2.71        2.73        1.82        4.18        8.69       20.74
    Milwaukee County............       8.37       29.42       19.64        6.20        8.37       10.40        9.10       23.08       45.48       69.10
    Ozaukee County..............       0.52        0.74        3.81        0.84        1.37        2.89        1.24        2.98        6.94        7.45
    Racine County...............       1.47        0.76        5.85        1.18        3.63        3.46        2.05        4.76       13.00       10.16
    Washington County...........       0.51        0.15        9.34        1.17        3.32        2.51        1.77        4.24       14.94        8.07
    Waukesha County.............       4.03        1.16       11.72        3.53       11.18        7.61        5.10       11.98       32.03       24.28
Sheboygan Area (Sheboygan              2.895      11.486       6.568       1.067       3.263       2.432       2.024       4.321      14.750      19.306
 County)........................
--------------------------------------------------------------------------------------------------------------------------------------------------------


                              Table 6--Milwaukee-Racine and Sheboygan Area VOC and NOX Emissions for Maintenance Year 2022
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Point                   Area                   Nonroad                 Onroad                   Total
             County              -----------------------------------------------------------------------------------------------------------------------
                                      VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee-Racine Area...........      19.61       51.57       59.83       13.51       23.55       21.13       15.98       31.91      118.97      118.12
    Kenosha County..............       0.65       17.68        3.50        0.72        1.84        1.94        1.41        2.64        7.40       22.98
    Milwaukee County............      11.22       31.93       21.88        6.03        7.48        7.76        6.78       14.18       47.36       59.90
    Ozaukee County..............       0.63        0.76        4.33        0.85        1.19        1.83        0.95        1.88        7.10        5.32
    Racine County...............       1.52        0.39        6.63        1.17        2.44        2.57        1.58        3.00       12.17        7.13
    Washington County...........       0.53        0.05       10.43        1.20        2.52        1.59        1.36        2.69       14.84        5.53
    Waukesha County.............       5.06        0.76       13.06        3.54        8.08        5.44        3.90        7.52       30.10       17.26
    Sheboygan Area (Sheboygan          3.677      10.000       7.256       1.074       2.189       1.876       1.615       2.778      14.737      15.728
     County)....................
--------------------------------------------------------------------------------------------------------------------------------------------------------


                          Table 7--Comparison of Milwaukee-Racine and Sheboygan Area 2008, 2015 and 2022 VOC and NOX Emissions
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              VOC                                              NOX
                                                       -------------------------------------------------------------------------------------------------
                        County                                                               Net change                                       Net change
                                                           2008        2015        2022     (2008-2022)     2008        2015        2022     (2008-2022)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee-Racine Area.................................     155.76      121.08      118.97       -36.79      192.00      139.80      118.12       -73.88
    Point.............................................      12.17       15.89       19.61         7.44       39.16       45.35       51.57        12.41
    Area..............................................      57.22       53.53       59.83         2.61       14.76       13.63       13.51        -1.25
    Nonroad...........................................      50.02       30.58       23.55       -26.47       45.34       29.60       21.13       -24.21
    Onroad............................................      36.35       21.08       15.98       -20.37       92.74       51.22       31.91       -60.83

[[Page 6740]]

 
Sheboygan Area........................................      17.171      14.750      14.737       -2.434      24.122      19.306      15.728       -8.394
    Point.............................................       2.113       2.895       3.677        1.564      12.972      11.486      10.000       -2.972
    Area..............................................       7.064       6.568       7.256        0.192       1.139       1.067       1.074       -0.065
    Nonroad...........................................       5.329       3.263       2.189       -3.140       3.689       2.432       1.876       -1.813
    Onroad............................................       2.665       2.024       1.615       -1.050       6.322       4.321       2.778       -3.544
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The emission projections show that WDNR does not expect emissions 
in the Milwaukee-Racine and Sheboygan areas to exceed the level of the 
2008 attainment year inventory during the maintenance period. In the 
Milwaukee-Racine area, WDNR projects VOC emissions to decrease by 36.79 
tpd and NOX emissions to decrease by 73.88 tpd between 2008 
and 2022. In the Sheboygan area, WDNR projects VOC emissions to 
decrease by 2.434 tpd and NOX emissions to decrease by 8.394 
tpd between 2008 and 2022.
    Further, ozone modeling performed by the Lake Michigan Air 
Directors Consortium supports the conclusion that the Milwaukee-Racine 
and Sheboygan areas will maintain the 1997 8-hour ozone standard 
throughout the maintenance period. Peak modeled ozone levels in the 
Milwaukee-Racine area for 2012 and 2018 are 0.080 ppm, and 0.077 ppm, 
respectively. Peak modeled ozone levels in the Sheboygan area for 2012 
and 2018 are 0.081 ppm, and 0.076 ppm, respectively. These projected 
ozone levels were modeled applying only legally enforceable controls; 
e.g., consent decrees, rules, the NOX SIP Call, Federal 
motor vehicle control programs, etc.
    As part of its maintenance plans, the state elected to include 
``safety margins'' for the areas. A ``safety margin'' is the difference 
between the attainment level of emissions (from all sources) and the 
projected level of emissions (from all sources) in the maintenance 
plan, which continues to demonstrate attainment of the standard. The 
attainment level of emissions is the level of emissions during one of 
the years in which the area met the NAAQS. The Milwaukee-Racine and 
Sheboygan areas attained the 8-hour ozone NAAQS during the 2006-2008, 
2007-2009, and 2008-2010 time periods. Wisconsin used 2008 as the 
attainment level of emissions for the areas. In the maintenance plans, 
WDNR projected emission levels for 2022. For the Milwaukee-Racine area, 
the emissions from point, area, nonroad, and onroad mobile sources in 
2008 equaled 155.76 tpd of VOC. WDNR projected VOC emissions for the 
year 2022 to be 118.97 tpd of VOC. The SIP submission demonstrates that 
the Milwaukee-Racine area will continue to maintain the standard with 
emissions at this level. The safety margin for VOC is calculated to be 
the difference between these amounts or, in this case, 36.79 tpd of VOC 
for 2022. By this same method, for the Milwaukee-Racine area, 73.88 tpd 
(i.e., 192.00 tpd less 118.12 tpd) is the safety margin for 
NOX for 2022. For the Sheboygan area, the safety margin for 
2022 is 2.434 tpd of VOC and 8.394 tpd of NOX. The safety 
margin, or a portion thereof, can be allocated to any of the source 
categories, as long as the total attainment level of emissions is 
maintained.
d. Monitoring Network
    Wisconsin currently operates ten ozone monitors in the Milwaukee-
Racine area and one monitor in the Sheboygan area. WDNR has committed 
to continue to monitor ozone levels in the areas. WDNR will work with 
EPA should changes in siting become necessary. Wisconsin remains 
obligated to meet monitoring requirements and continue to quality 
assure monitoring data in accordance with 40 CFR part 58, and to enter 
all data into the AQS in accordance with Federal guidelines.
e. Verification of Continued Attainment
    Continued attainment of the ozone NAAQS in the Milwaukee-Racine and 
Sheboygan areas depends, in part, on the state's efforts toward 
tracking indicators of continued attainment during the maintenance 
period. Wisconsin's plan for verifying continued attainment of the 8-
hour standard in the Milwaukee-Racine and Sheboygan consists of plans 
to continue ambient ozone monitoring in accordance with the 
requirements of 40 CFR part 58. WDNR will also continue to develop and 
submit periodic emission inventories as required by the Federal 
Consolidated Emissions Reporting Rule (67 FR 39602, June 10, 2002) to 
track future levels of emissions.
f. Contingency Plan
    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. Section 175A of the CAA requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation of the contingency measures, 
and a time limit for action by the state. The state should also 
identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the state will 
implement all measures with respect to control of the pollutant(s) that 
were contained in the SIP before redesignation of the area to 
attainment. See section 175A(d) of the CAA.
    As required by section 175A of the CAA, Wisconsin has adopted 
contingency plans for the Milwaukee-Racine and Sheboygan areas to 
address possible future ozone air quality problems. A contingency plan 
response will be triggered whenever a three-year average fourth-high 
monitored value of 0.085 ppm or greater is monitored within the 
maintenance area. When a response is triggered, WDNR will evaluate 
existing but not fully implemented, forthcoming, and, if necessary, new 
control measures to correct the violation of the standard within 18 
months. Wisconsin has confirmed EPA's interpretation that this 
commitment means that the measure will be adopted and implemented 
within 18 months of the triggering event. In addition, it is EPA's

[[Page 6741]]

understanding that to acceptably address a violation of the standard, 
existing and forthcoming control measures must be in excess of 
emissions reductions included in the projected maintenance inventories.
    WDNR included the following list of potential contingency measures 
in its maintenance plans:
    i. Broaden the application of the NOX RACT program by 
including a larger geographic area, and/or including sources with 
potential emissions of 50 tons per year, and/or increasing the cost-
effectiveness thresholds utilized as a basis for Wisconsin's NOx RACT 
Program;
    ii. Develop an anti-idling control program for mobile sources 
targeting diesel vehicles;
    iii. Adopt a rule reducing VOC content in architectural, industrial 
and maintenance coatings; and
    iv. Adopt a rule reducing VOC content in commercial and consumer 
products.
g. Provisions for Future Updates of the Ozone Maintenance Plan
    As required by section 175A(b) of the CAA, WDNR commits to submit 
to the EPA updated ozone maintenance plans eight years after 
redesignation of the Milwaukee-Racine and Sheboygan areas to cover an 
additional ten-year period beyond the initial ten-year maintenance 
period. As required by section 175A of the CAA, Wisconsin has committed 
to retain the VOC and NOX control measures contained in the 
SIP prior to redesignation.
    EPA has concluded that the maintenance plans adequately address the 
five basic components of a maintenance plan: Attainment inventory, 
maintenance demonstration, monitoring network, verification of 
continued attainment, and a contingency plan. Thus EPA proposes to find 
that the maintenance plan SIP revisions submitted by Wisconsin for the 
Milwaukee-Racine and Sheboygan areas meet the requirements of section 
175A of the CAA.

B. Adequacy of Wisconsin's MVEBs

1. How are MVEBs developed and what are the MVEBs for the Milwaukee-
Racine and Sheboygan areas?
    Under the CAA, states are required to submit, at various times, 
control strategy SIP revisions and ozone maintenance plans for ozone 
nonattainment areas and for areas seeking redesignations to attainment 
of the ozone standard. These emission control strategy SIP revisions 
(e.g., RFP and attainment demonstration SIP revisions) and ozone 
maintenance plans create MVEBs based on onroad mobile source emissions 
for criteria pollutants and/or their precursors to address pollution 
from onroad transportation sources. The MVEBs are the portions of the 
total allowable emissions that are allocated to highway and transit 
vehicle use that, together with emissions from other sources in the 
area, will provide for attainment or maintenance.
    Under 40 CFR part 93, a MVEB for an area seeking a redesignation to 
attainment is established for the last year of the maintenance plan. 
The MVEB serves as a ceiling on emissions from an area's planned 
transportation system. The MVEB concept is further explained in the 
preamble to the November 24, 1993, transportation conformity rule (58 
FR 62188).
    Under section 176(c) of the CAA, new transportation projects that 
receive Federal funding or support, such as the construction of new 
highways, must ``conform'' to (i.e., be consistent with) the SIP. 
Conformity to the SIP means that transportation activities will not 
cause new air quality violations, worsen existing air quality 
violations, or delay timely attainment of the NAAQS. If a 
transportation plan does not conform, most new transportation projects 
that would expand the capacity of roadways cannot go forward. 
Regulations at 40 CFR part 93 set forth EPA policy, criteria, and 
procedures for demonstrating and assuring conformity of such 
transportation activities to a SIP.
    When reviewing SIP revisions containing MVEBs, including attainment 
strategies, rate-of-progress plans, and maintenance plans, EPA must 
affirmatively approve or find that the MVEBs are ``adequate'' for use 
in determining transportation conformity before the MVEBs can be used. 
Once EPA affirmatively approves or finds the submitted MVEBs to be 
adequate for transportation conformity purposes, the MVEBs must be used 
by state and Federal agencies in determining whether proposed 
transportation projects conform to the SIP as required by section 
176(c) of the CAA. EPA's substantive criteria for determining the 
adequacy of MVEBs are set out in 40 CFR 93.118(e)(4).
    EPA's process for determining adequacy of a MVEB consists of three 
basic steps: (1) Providing public notification of a SIP submission; (2) 
providing the public the opportunity to comment on the MVEB during a 
public comment period; and, (3) EPA taking action on the MVEB. The 
process for determining the adequacy of submitted SIP MVEBs is codified 
at 40 CFR 93.118.
    The maintenance plans submitted by Wisconsin for the Milwaukee-
Racine and Sheboygan areas contain new VOC and NOX MVEBs for 
the areas for the years 2015 and 2022. The availability of the SIP 
submission with these 2015 and 2022 MVEBs was announced for public 
comment on EPA's Adequacy Web site on December 6, 2011, at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public 
comment period on adequacy of the 2015 and 2022 MVEBs for the 
Milwaukee-Racine and Sheboygan areas closed on January 5, 2012. No 
adverse comments on the submittal were received during the adequacy 
comment period. The submitted maintenance plan, which included the 
MVEBs, was endorsed by the Governor (or his or her designee) and was 
subject to a state public hearing. The MVEBS were developed as part of 
an interagency consultation process which includes Federal, state, and 
local agencies. The MVEBS were clearly identified and precisely 
quantified. These MVEBs, when considered together with all other 
emissions sources, are consistent with maintenance of the 1997 8-hour 
ozone standard.
    EPA, through this rulemaking, has found adequate and is proposing 
to approve the MVEBs for use to determine transportation conformity in 
the Milwaukee-Racine and Sheboygan areas, because EPA has determined 
that the areas can maintain attainment of the 8-hour ozone NAAQS for 
the relevant maintenance period with mobile source emissions at the 
levels of the MVEBs. WDNR has determined the 2015 MVEBs for the 
Milwaukee-Racine and Sheboygan areas to be 21.08 tpd for VOC and 51.22 
tpd for NOX, and 2.024 tpd for VOC and 4.321 tpd for 
NOX, respectively. WDNR has determined the 2022 MVEBs for 
the Milwaukee-Racine and Sheboygan areas to be 15.98 tpd for VOC and 
31.91 tpd for NOX, and 1.615 tpd for VOC and 2.778 tpd for 
NOX, respectively. These MVEBs are consistent with the 
onroad mobile source VOC and NOX emissions projected by the 
Wisconsin Department of Transportation for 2015 and 2022, as summarized 
in Table 7 above. Wisconsin has demonstrated that the Milwaukee-Racine 
area can maintain the 8-hour ozone NAAQS with mobile source emissions 
of 21.08 tpd and 15.98 tpd of VOC and 51.22 tpd and 31.91 tpd of 
NOX in 2015 and 2022, respectively, since emissions will 
remain under attainment year emission levels. Wisconsin has 
demonstrated that the Sheboygan area can maintain the 8-hour ozone 
NAAQS with mobile source

[[Page 6742]]

emissions of 2.024 tpd and 1.615 tpd of VOC and 4.321 tpd and 2.778 tpd 
of NOX in 2015 and 2022, respectively, since emissions will 
remain under attainment year emission levels.

C. 2005 Comprehensive Emissions Inventory

    As discussed above, section 182(a)(1) of the CAA requires states 
containing areas classified as marginal and above to submit a 
comprehensive emissions inventory. As part of Wisconsin's redesignation 
request for the Milwaukee-Racine and Sheboygan areas, the state 
submitted a 2005 comprehensive emissions inventory. Emissions contained 
in the submittal cover the general source categories of point sources, 
area sources, nonroad mobile sources and onroad mobile sources.
    WDNR developed the point source inventory using annually reported 
point source emissions, EPA's Clean Air Markets Database and EPA 
techniques for emissions calculation. Where feasible, Federal, state 
and local controls were factored into the emission calculations. 
Emissions were estimated by collecting process-level information from 
each facility that qualifies for inclusion in the Wisconsin's point 
source database.
    The area source inventory was created by backcasting Wisconsin's 
2008 emissions inventory that WDNR submitted to EPA for the National 
Emissions Inventory. The backcasting factors were primarily based on 
growth factors from the EGAS model. If growth factors were not 
available for source classification code, population based growth 
factors were used.
    The nonroad mobile inventory was created using NMIM (2009/05/04 
version). In addition, emissions estimates were developed for 
commercial marine vesels, aircraft, and railroads, three nonroad 
categories not included in the model. Through LADCO, Pechan, an 
independent contractor, provided marine and rail emission estimates. 
Aircraft emissions were calculated using the Federal Aviation 
Administration's Emissions and Dispersion Modeling System.
    The Onroad mobile source inventory was developed using EPA's 
MOVES2010a model. Emissions estimates were made in accordance with the 
User Guide for MOVES2010a \4\ and Technical Guidance on the Use of 
MOVES2010 for Emission Inventory Preparation in State Implementation 
Plans and Transportation Conformity \5\.
---------------------------------------------------------------------------

    \4\ U.S. EPA, Office of Transportation and Air Quality, 
Assessment and Standards Division, August 2010, EPA-420-B-10-036.
    \5\ U.S. EPA, Office of Transportation and Air Quality, 
Transportation and Regional Programs Division, April 2010, EPA-420-
B-10-023.
---------------------------------------------------------------------------

    The 2005 emissions estimates are summarized in Table 2, above. EPA 
is proposing to approve the 2005 emissions inventory as meeting the 
section 182(a)(1) comprehensive emissions inventory requirement for the 
Milwaukee-Racine and Sheboygan areas.

VI. Summary of Actions

    After evaluating the redesignation requests submitted by Wisconsin, 
EPA concludes that the requests meet the redesignation criteria set 
forth in section 107(d)(3)(E) of the CAA. Therefore, EPA is proposing 
to approve the redesignation of the Milwaukee-Racine and Sheboygan 
areas from nonattainment to attainment for the 1997 8-hour ozone NAAQS. 
EPA is also proposing to approve Wisconsin's maintenance plan SIP 
revisions for the Milwaukee-Racine and Sheboygan areas. EPA's proposed 
approval of the maintenance plans is based on the state's demonstration 
that the plans meet the requirements of section 175A of the CAA, as 
described more fully above. EPA is also proposing to approve WDNR's 
2005 comprehensive emissions inventories for the Milwaukee-Racine and 
Sheboygan areas as meeting the requirements of section 182(a)(1) of the 
CAA. Finally, EPA finds adequate under 40 CFR 93.118(e) and is 
proposing to approve Wisconsin's 2015 and 2022 MVEBs for the Milwaukee-
Racine and Sheboygan areas.

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because redesignation is an action that affects the status of a 
geographical area and does not impose any new regulatory requirements 
on tribes, impact any existing sources of air pollution on tribal 
lands, nor impair the maintenance of ozone national ambient air quality 
standards in tribal lands. However, because there are tribal lands 
located in Milwaukee County, we provided the affected tribe with the 
opportunity to consult with EPA on the redesignation. The affected 
tribe raised no concerns with the proposed rule.

List of Subjects

40 CFR part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen oxides, Ozone, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, Environmental protection, National parks, 
Wilderness areas.


[[Page 6743]]


    Dated: January 31, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-2989 Filed 2-8-12; 8:45 am]
BILLING CODE 6560-50-P