[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Rules and Regulations]
[Pages 38400-38403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16396]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0075; FRL-9929-73-Region 5]
Approval of Air Quality Implementation Plans; Sheboygan County,
Wisconsin 8-Hour Ozone Nonattainment Area; Reasonable Further Progress
Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving an
Early Progress Plan and motor vehicle emissions budgets (MVEBs) for
volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) for Sheboygan County, Wisconsin. Wisconsin submitted
an Early Progress Plan for Sheboygan County on January 16, 2015. This
submittal was developed to establish MVEBs for the Sheboygan 8-hour
ozone nonattainment area. This approval of the Early Progress Plan for
the Sheboygan 8-hour ozone area is based on EPA's determination that
Wisconsin has demonstrated that the State Implementation Plan (SIP)
revision containing these MVEBs, when considered with the emissions
from all sources, shows some progress toward attainment from the 2011
base year through a 2015 target year.
DATES: This direct final rule will be effective September 4, 2015,
unless EPA receives adverse comments by August 5, 2015. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0075, 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) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, 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-
2015-0075. 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
[[Page 38401]]
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.
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 Michael Leslie, Environmental Engineer,
at (312) 353-6680 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6680, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
II. What are the criteria for Early Progress Plans?
III. What is EPA's analysis of the request?
IV. What are the MVEBs for the Sheboygan County 8-hour ozone area?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. What is the background for this action?
EPA's final rule designating nonattainment areas and associated
classifications for the 2008 ozone National Ambient Air Quality
Standards (NAAQS) was published in the Federal Register on May 21, 2012
(77 FR 30088). Sheboygan County was designated as marginal
nonattainment. The Sheboygan County 8-hour ozone area had been
previously designated nonattainment for the 1-hour ozone standard and
had 1-hour MVEBs for NOX and VOC established in the
Wisconsin 1-hour maintenance plan SIP. The 1-hour MVEBs are the only
approved MVEBs for Sheboygan County and were based on EPA's MOBILE6.2
emissions model. Consequently, the transportation partners in the
Sheboygan area have to use the 1-hour MVEB test to demonstrate
transportation conformity for the 8-hour ozone standard until new MVEBs
are approved or found adequate, as required by the transportation
conformity rule at 40 CFR 93.109(c)(2)(i). Wisconsin submitted this
plan to establish new MVEBs developed with EPA's current MOVES2014
model.
II. What are the criteria for Early Progress Plans?
EPA allows for the establishment of MVEBs for the 8-hour ozone
standard prior to a state submitting its first required 8-hour ozone
SIP that would include new MVEBs. Although voluntary, these ``early''
MVEBs must be established through a plan that meets all the
requirements of a SIP submittal. This plan is known as the ``Early
Progress Plan.'' Specifically and in reference to Early Progress Plans,
the preamble of the July 1, 2004, final transportation conformity rule
(see, 69 FR 40019) reads as follows:
``The first 8-hour ozone SIP could be a control strategy SIP
required by the Clean Air Act (e.g., rate-of-progress SIP or attainment
demonstration) or a maintenance plan. However, 8-hour ozone
nonattainment areas `are free to establish, through the SIP process, a
motor vehicle emissions budget or budgets that addresses the new NAAQS
in advance of a complete SIP attainment demonstration. That is, a state
could submit a motor vehicle emission budget that does not demonstrate
attainment but is consistent with projections and commitments to
control measures and achieves some progress toward attainment' (August
15, 1997, 62 FR 43799). A SIP submitted earlier than otherwise required
can demonstrate a significant level of emissions reductions from
current level of emissions, instead of a specific percentage required
by the Clean Air Act for moderate and above ozone areas.''
The Early Progress Plan must demonstrate that the SIP revision
containing the MVEBs, when considered with emissions from all sources,
and when projected from the base year to a future year, shows some
progress toward attainment. EPA has previously indicated that a 5
percent to 10 percent reduction in emissions from all sources could
represent a significant level of emissions reductions from current
levels (69 FR 40019). This allowance is provided so that areas have an
opportunity to use the budget test to demonstrate conformity as opposed
to the interim conformity tests (i.e., 2002 baseline test and/or action
versus baseline test). The budget test with an adequate or approved SIP
budget is generally more protective of air quality and provides a more
relevant basis for conformity determinations than the interim emissions
test. (69 FR 40026).
It should also be noted that the Early Progress Plan is not a
required plan and does not substitute for required submissions such as
an attainment demonstration or rate-of-progress plan, if such plans
become required for the Sheboygan 8-hour ozone area.
III. What is EPA's analysis of the request?
On January 16, 2015, the State submitted to EPA an Early Progress
Plan for the sole purpose of establishing MVEBs for the Sheboygan 8-
hour ozone area. The submittal utilizes a base year of 2011, and a
projected year 2015 to establish NOX and VOC MVEBs. The
planning assumptions used to develop the MVEBs were discussed and
agreed to by the Sheboygan interagency consultation group, which
consists of the transportation and air quality partners in the
Sheboygan 8-hour ozone nonattainment area. Tables 1 and 2 below show
the differences by source categories between the 2011 base year and
2015 forecast year. The NOX and VOC emissions in tons per
day (tpd) within the Sheboygan nonattainment area are expected to
decrease significantly, 28.6 percent and 8.7 percent, respectively,
between 2011 and 2015. These emission trends demonstrate that progress
will be made towards attainment of the 2008 8-hour ozone NAAQS.
Table 1--Sheboygan County NOX Emissions
------------------------------------------------------------------------
2011 2015
Source NOX NOX
(tpd) (tpd)
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Point................................................. 10.22 6.15
Area.................................................. 1.32 1.33
On-road Mobile........................................ 5.41 4.44
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Non-Road Mobile....................................... 3.61 2.76
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Total............................................. 20.56 14.68
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Total Percent Reduction............................... 28.6%
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[[Page 38402]]
Table 2--Sheboygan County VOC Emissions
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2011 2015
VOC Source VOC VOC
(tpd) (tpd)
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Point................................................... 2.63 2.63
Area.................................................... 6.43 6.34
On-road Mobile.......................................... 2.44 1.97
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Non-Road Mobile......................................... 3.03 2.76
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Total............................................... 14.53 13.27
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Total Percent Reduction................................. 8.7%
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EPA found these MVEBs adequate for transportation conformity
purposes in an earlier action (80 FR 17428). As of April 16, 2015, the
effective date of EPA's adequacy finding for these MVEBs, conformity
determinations in Sheboygan County must meet the budget test using
these 8-hour MVEBs, instead of the 1-hour ozone MVEBs. Please note that
this adequacy finding does not relate to the merits of the SIP
submittal, nor does it indicate whether the submittal meets the
requirements for approval. This EPA rulemaking action takes formal
action on the Early Progress Plan SIP revision.
IV. What are the MVEBs for the Sheboygan 8-hour ozone area?
Through this rulemaking, EPA is approving the 2015 regional MVEBs
for NOX and VOC for the Sheboygan 8-hour ozone area. EPA has
determined that the MVEBs contained in the Early Progress Plan SIP
revision are consistent with emission reductions from all sources
within the nonattainment area and are showing progress toward
attainment.
The 2015 MVEBs in tpd for VOCs and NOX for the Sheboygan
County, Wisconsin area are as follows:
------------------------------------------------------------------------
2015 2015
Area NOX VOCs
(tpd) (tpd)
------------------------------------------------------------------------
Sheboygan County....................................... 4.435 1.972
------------------------------------------------------------------------
V. What action is EPA taking?
EPA is approving Sheboygan's Early Progress Plan, including the
2015 MVEBs for NOX and VOC. The Early Progress Plan
demonstrates progress towards attainment of the 2008 ozone NAAQS for
the Sheboygan nonattainment area. The NOX and VOC emissions
reductions from 2011 to 2015 for Sheboygan County nonattainment areas
were 28.6 percent and 8.7 percent, respectively. These emission
reductions were based on control measures that are permanent and
enforceable and will continue to improve air quality in the region,
thus demonstrating that the MVEBs are showing progress toward
attainment.
EPA issues this direct final rulemaking in response to Wisconsin's
January 16, 2015 submittal of an Early Progress Plan. This revision is
a voluntary SIP revision for the sole purpose of establishing MVEBs for
the purpose of implementing transportation conformity in the Sheboygan
8-hour ozone area.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the State plan if relevant adverse
written comments are filed. This rule will be effective September 4,
2015 without further notice unless we receive relevant adverse written
comments by August 5, 2015. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
September 4, 2015.
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 Clean Air Act; 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register.
[[Page 38403]]
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 4, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
Dated: June 19, 2015.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.2585 is amended by adding paragraph (cc) to read as
follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(cc) Approval--On January 16, 2015, the State of Wisconsin
submitted a revision to its State Implementation Plan for Sheboygan
County, Wisconsin. The submittal established new Motor Vehicle
Emissions Budgets (MVEB) for Volatile Organic Compounds (VOC) and
Oxides of Nitrogen (NOX) for the year 2015. The MVEBs for
Sheboygan County are now: 1.972 tons per day of VOC emissions and 4.435
tons per day of NOX emissions for the year 2015.
[FR Doc. 2015-16396 Filed 7-2-15; 8:45 am]
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