[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Proposed Rules]
[Pages 4422-4426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02350]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2018-0035; FRL-9989-31-Region 5]


Revision of Sheboygan County, Wisconsin Nonattainment Designation 
for the 1997 and 2008 Ozone Standards and Clean Data Determination for 
the 2008 Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a request from Wisconsin to revise the designation for the 
Sheboygan nonattainment area for the 1997 primary and secondary ozone 
National Ambient Air Quality Standards (NAAQS) and the 2008 primary and 
secondary ozone NAAQS, by splitting the existing area into two distinct 
nonattainment areas that together cover the identical geographic area 
of the existing nonattainment area. This revised designation is 
supported by air quality data, emissions and emissions-related data, 
meteorology, geography/topography, and jurisdictional boundaries. Both 
areas would retain their nonattainment designation and Moderate 
classification. In this action, EPA is also proposing to make a clean 
data determination for one of the two separate areas for the 2008 ozone 
NAAQS.

DATES: Comments must be received on or before March 18, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0035 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4489, 
[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. Background
II. Wisconsin's Submittal and Supporting Information
III. Proposed Actions
IV. Statutory and Executive Order Reviews

I. Background

    Following promulgation of a new or revised NAAQS, EPA is required 
by section 107(d)(1) of the Clean Air Act (CAA) to designate areas 
throughout the United States as attainment, nonattainment, or 
unclassifiable for the NAAQS.
    On July 18, 1997, EPA revised the former 1-hour ozone primary and 
secondary standards and replaced them with 8-hour standards at a level 
of 0.08 parts per million (ppm) (40 CFR 50.10). On April 30, 2004, EPA 
designated the entirety of Sheboygan County in Wisconsin as 
nonattainment for the 1997 ozone NAAQS, based on air

[[Page 4423]]

quality data from 2001-2003 showing a design value of 0.100 ppm at the 
Sheboygan Kohler Andrae monitor in eastern Sheboygan County (69 FR 
23858). EPA's designation was consistent with Wisconsin's 
recommendation to designate the entirety of Sheboygan County as 
nonattainment, based on 2000-2002 data showing a violation of the 1997 
ozone NAAQS at this monitor. At the time of its designation, the 
Sheboygan, WI nonattainment area for the 1997 ozone NAAQS was 
classified as Moderate with an attainment date of June 15, 2010. On 
March 1, 2011, EPA made a determination that the Sheboygan 
nonattainment area had attained the 1997 ozone NAAQS, based on 
monitoring data for the 2006-2008 and 2007-2009 periods (76 FR 11080). 
Since that determination, the area has continued to attain the 
standard, and the area retains its nonattainment designation and 
Moderate classification.
    On March 27, 2008, EPA further revised the 8-hour ozone NAAQS by 
lowering the level of the primary and secondary standards from 0.08 ppm 
to 0.075 ppm, often expressed as 75 parts per billion (ppb) (40 CFR 
50.15). On May 21, 2012, EPA designated the entirety of Sheboygan 
County in Wisconsin as nonattainment for the 2008 ozone NAAQS, based on 
air quality data from 2008-2010 showing a design value of 78 ppb at the 
Sheboygan Kohler Andrae monitor (77 FR 30088). EPA's designation was a 
modification of Wisconsin's recommendation to designate the entire 
state as attainment, based on 2006-2008 data, despite these data 
showing a violation of the 2008 ozone NAAQS at this monitor. At the 
time of its designation, the Sheboygan County, WI nonattainment area 
for the 2008 ozone NAAQS was classified as Marginal with an attainment 
date of July 20, 2015. On May 4, 2016, EPA determined that the area 
qualified for a one-year attainment date extension to July 20, 2016 (81 
FR 26697). On December 19, 2016, using information from the Sheboygan 
Kohler Andrae monitor, EPA determined that the area had failed to 
attain the standard by its extended attainment date, and EPA 
reclassified the Sheboygan County, WI nonattainment area for the 2008 
ozone NAAQS as Moderate with an attainment date of July 20, 2018 (81 FR 
91841). On November 14, 2018, EPA proposed to grant Wisconsin's request 
for a one-year attainment date extension to the Moderate attainment 
date for the Sheboygan County, WI nonattainment area for the 2008 ozone 
NAAQS to July 20, 2019 (83 FR 56781).
    The eastern boundary of Sheboygan County follows the shoreline of 
Lake Michigan. Due to its proximity to the lake, Sheboygan County is 
impacted by lake breeze meteorology. This is the offshore flow of ozone 
precursors from nearby and upwind locations over the lake and the 
subsequent onshore flow of ozone from over Lake Michigan back onto land 
locations due to temperature differences between the lake surface and 
the onshore surface. As described in greater detail in the Technical 
Support Document (TSD) contained in the docket for this rulemaking, 
ozone violations in eastern Sheboygan County are heavily influenced by 
lake breeze meteorology.

II. Wisconsin's Submittal and Supporting Information

    On June 27, 2013, the Wisconsin Department of Natural Resources 
(WDNR) submitted a request for EPA to reconsider the boundary of the 
Sheboygan nonattainment area for the 1997 ozone NAAQS and 2008 ozone 
NAAQS, and reduce the area to a smaller size. Wisconsin requested that 
EPA reduce the area to a narrower strip of land along the eastern side 
of the county following the Lake Michigan shoreline. For regulatory 
purposes, Wisconsin recommended this boundary be composed of ten 
municipalities, with a varying width of roughly 3 to 9 miles. Wisconsin 
supported its request with a technical demonstration that estimated how 
ozone design values might decrease as a function of increasing distance 
from Lake Michigan.
    In 2014, WDNR began operating a second ozone monitor in Sheboygan 
County at the Sheboygan Haven location, located northwest of the first 
monitor at the Sheboygan Kohler Andrae location. The Sheboygan Kohler 
Andrae and Sheboygan Haven monitors are both Federal Reference Method 
(FRM) monitors. The data from these two monitors show different ozone 
levels, with the Sheboygan Haven monitor consistently showing lower 
ozone concentrations than the Sheboygan Kohler Andrae monitor. After 
the 2016 monitoring period was complete and the data were certified in 
2017, EPA gained the ability to consider the first full design value 
from the Sheboygan Haven monitor for the three-year period of 2014-
2016.
    On October 26, 2015, EPA published a final rule revising the ozone 
standards to a level of 0.070 ppm (80 FR 65292). Under CAA section 
107(d), following promulgation of a new NAAQS, states are required to 
submit area designation recommendations to EPA. On September 21, 2016, 
Wisconsin recommended that the entire state be designated as attainment 
for the 2015 ozone NAAQS, and on April 20, 2017, Wisconsin submitted 
additional technical information to support that request.\1\ Although 
this proposed action addresses only the 1997 ozone NAAQS and 2008 ozone 
NAAQS, EPA is using the more recent technical information contained in 
Wisconsin's April 20, 2017, submittal to supplement Wisconsin's June 
27, 2013, request to reconsider the boundary of the Sheboygan 
nonattainment area. The April 20, 2017, submittal contains Wisconsin's 
analysis of the origins, transport, and distribution of ozone impacting 
Wisconsin's Lake Michigan shoreline. It includes ozone monitoring data, 
a conceptual model for ozone formation, and an analysis of the spatial 
extent of ozone concentrations exceeding the NAAQS. This submittal can 
be found in the docket for this rulemaking.
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    \1\ On June 4, 2018, EPA designated a portion of Sheboygan 
County as the Sheboygan County, WI nonattainment area for the 2015 
ozone NAAQS, and EPA designated the remaining portion of Sheboygan 
County as attainment/unclassifiable for the 2015 ozone NAAQS (83 FR 
25776).
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III. Proposed Actions

    In this rulemaking, EPA is proposing to take two related actions. 
First, under the authority of CAA section 107(d)(3)(D), EPA is 
proposing to split the original Sheboygan nonattainment area for the 
1997 ozone NAAQS and 2008 ozone NAAQS into two separate nonattainment 
areas that together cover the identical geographic area of the original 
nonattainment area. Second, pursuant to regulations at 40 CFR 51.1118, 
EPA is proposing to make a clean data determination for one of the 
proposed separate areas for the 2008 ozone NAAQS.

A. Split of the Sheboygan Nonattainment Area

    In determining whether to approve or deny a state's request for a 
revision to the designation of an area under section 107(d)(3)(D), EPA 
believes it is appropriate to consider the same factors Congress 
directed EPA to consider when EPA initiates a revision to a designation 
of an area on its own motion under section 107(d)(3)(A). These factors 
include ``air quality data, planning and control considerations, or any 
other air quality-related considerations the Administrator deems 
appropriate.'' EPA incorporated similar factors into its March 28, 
2000, memorandum entitled ``Boundary Guidance on Air Quality 
Designations for the 8-Hour Ozone National Ambient Air Quality

[[Page 4424]]

Standards'' and its December 4, 2008, memorandum entitled ``Area 
Designations for the 2008 Revised Ozone National Ambient Air Quality 
Standards''. These memoranda provide a framework for states and tribes 
to base their nonattainment area boundary recommendations for the 1997 
ozone NAAQS and 2008 ozone NAAQS, respectively, and EPA believes the 
factors identified in these memoranda are relevant and appropriate to 
consider when evaluating proposed revisions to those boundaries under 
section 107(d)(3). The memoranda recommend that states evaluate the 
following factors to support nonattainment area boundary 
recommendations and final boundary determinations: Air quality data, 
emissions and emissions-related data, meteorology, geography/
topography, and jurisdictional boundaries.\2\
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    \2\ The guidance for the 1997 ozone NAAQS identified 11 factors, 
and the guidance for the 2008 ozone NAAQS identified nine factors. 
In analyses for the final ozone designations for the 2008 ozone 
NAAQS, the emissions-related factors were grouped together resulting 
in five overall factors, and EPA is retaining that grouping in this 
rulemaking.
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    Based on a consideration of the information submitted by Wisconsin 
and other available information discussed in the TSD, EPA believes that 
the air quality data, emissions and emissions-related data, 
meteorology, geography/topography, jurisdictional boundaries, and other 
air quality related considerations, as well as planning and control 
considerations, support the state's request to reconsider the Sheboygan 
nonattainment area boundary.
    Wisconsin's June 27, 2013, submittal requested that EPA reduce the 
size of the Sheboygan area for the 1997 ozone NAAQS and 2008 ozone 
NAAQS. To this end, EPA proposes to split the existing area into two 
separate nonattainment areas to acknowledge the differences in the 
factors contributing to ozone levels in the separate areas, and to 
provide Wisconsin with additional flexibility in meeting the CAA's 
nonattainment area planning and emissions control requirements. This 
flexibility would include the ability to account for differences in air 
quality in the separate areas such that one of the separate areas would 
attain the ozone standards faster than the other.
    If EPA finalizes this action as proposed, the current Sheboygan 
nonattainment area for the 1997 ozone NAAQS and the 2008 ozone NAAQS 
would be split into two distinct nonattainment areas that together 
cover the identical geographic area of the current area. One of the 
proposed separate areas, to be called the ``Shoreline Sheboygan County, 
WI'' nonattainment area, would consist of the eastern portion of the 
original area, including the Sheboygan Kohler Andrae monitor. The other 
proposed separate area, to be called the ``Inland Sheboygan County, 
WI'' nonattainment area, would consist of the western portion of the 
original area, including the Sheboygan Haven monitor. The areas would 
be split along the following roadways, going from the northern county 
boundary to the southern county boundary: Highway 43, Wilson Lima Road, 
Minderhaud Road, County Road KK/Town Line Road, N 10th Street, County 
Road A S/Center Avenue, Gibbons Road, Hoftiezer Road, Highway 32, 
Palmer Road/Smies Road/Palmer Road, Amsterdam Road/County Road RR, 
Termaat Road. EPA's proposed nonattainment boundary for the Shoreline 
Sheboygan area for the 1997 ozone NAAQS and 2008 ozone NAAQS is a 
portion of Sheboygan County inclusive and east of the split 
boundary.\3\ EPA's proposed nonattainment boundary for the Inland 
Sheboygan area for the 1997 ozone NAAQS and 2008 ozone NAAQS is a 
portion of Sheboygan County exclusive and west of the split 
boundary.\4\ Both areas would continue to be designated nonattainment 
for the 1997 ozone NAAQS and 2008 ozone NAAQS and classified as 
Moderate.
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    \3\ The proposed Shoreline Sheboygan nonattainment area for the 
1997 ozone NAAQS and 2008 ozone NAAQS covers the identical 
geographic area as the Sheboygan County, WI nonattainment area for 
the 2015 ozone NAAQS (40 CFR 81.350).
    \4\ The proposed Inland Sheboygan nonattainment area for the 
1997 ozone NAAQS and 2008 ozone NAAQS covers the identical 
geographic area as the portion of Sheboygan County that was 
designated as attainment/unclassifiable for the 2015 ozone NAAQS (40 
CFR 81.350).
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    CAA section 107(d)(1)(A)(i) defines ``nonattainment'' as ``any area 
that does not meet (or that contributes to ambient air quality in a 
nearby area that does not meet)'' the NAAQS. Therefore, consistent with 
the statute and EPA's March 28, 2000, and December 4, 2008, memoranda, 
EPA will not redraw the boundaries of nonattainment areas where one 
portion of the area, though monitoring clean data, contributes to the 
nonattainment of another portion of the area. This action proposes that 
the available information demonstrates that the proposed Inland 
Sheboygan area does not contribute to a violation of the 2008 ozone 
NAAQS in the proposed Shoreline Sheboygan area, and thus it is 
appropriate that the two areas be considered separate for 
implementation and planning purposes. A detailed analysis supporting 
this demonstration can be found in the TSD contained in the docket for 
this rulemaking. Because this action also proposes to find that the 
proposed Inland Sheboygan area is attaining the 2008 ozone NAAQS, it is 
not necessary to consider whether the proposed Shoreline Sheboygan area 
contributes to a violation of the 2008 ozone NAAQS in the proposed 
Inland Sheboygan area, as no such violation exists. Because the 2008 
ozone NAAQS retains the same general form and averaging time as the 
1997 ozone NAAQS, but is set at a more protective level, EPA's analysis 
for the 2008 ozone NAAQS suffices as a demonstration for an identical 
nonattainment area boundary revision for the less stringent 1997 ozone 
NAAQS.

B. Clean Data Determination for the Inland Sheboygan Area for the 2008 
Ozone NAAQS

    An area is attaining the 2008 ozone NAAQS if it meets the 2008 
ozone NAAQS, as determined in accordance with 40 CFR 50.15 and appendix 
P of part 50, based on three complete, consecutive calendar years of 
quality-assured air quality data for all monitoring sites in the area. 
To attain the 2008 ozone NAAQS, the three-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentrations (ozone 
design values) at each monitor must not exceed 0.075 ppm. The air 
quality data must be collected and quality-assured in accordance with 
40 CFR part 58 and recorded in EPA's Air Quality System (AQS). Ambient 
air quality monitoring data for the three-year period must also meet 
data completeness requirements. An ozone design value is valid if daily 
maximum 8-hour average concentrations are available for at least 90% of 
the days within the ozone monitoring seasons,\5\ on average, for the 
three-year period, with a minimum data completeness of 75% during the 
ozone monitoring season of any year during the three-year period. See 
section 2.3 of appendix P to 40 CFR part 50.
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    \5\ The ozone season is defined by state in 40 CFR 58 appendix 
D. Before 2016, the ozone season for Wisconsin was April 15 through 
October 15. Beginning in 2016, the ozone season for Wisconsin is 
March 1 through October 15. See 80 FR 65292, 65466-67 (October 26, 
2015).
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    In accordance with 40 CFR 51.1118, EPA proposes to determine that 
the proposed Inland Sheboygan area is attaining the 2008 ozone NAAQS. 
This determination is based upon three years of complete, quality-
assured and certified data for the 2015-2017 monitoring period. The 
Sheboygan Haven monitor with site ID 55-117-0009 is the only FRM ozone 
monitor within the proposed separate Inland

[[Page 4425]]

Sheboygan area; the annual fourth-highest 8-hour ozone concentrations 
and the three-year average of these concentrations (monitoring site 
ozone design values) for this monitoring site are summarized in Table 
1.

 Table 1--Annual 4th High Daily Maximum 8-Hour Ozone Concentrations and Three-Year Average of the 4th High Daily Maximum 8-Hour Ozone Concentrations for
                                                           the Proposed Inland Sheboygan Area
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                                                                                           2015 4th high   2016 4th high   2017 4th high     2015-2017
               County, state                  AQS site ID             Site name                (ppm)           (ppm)           (ppm)       average (ppm)
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Sheboygan, WI.............................     55-117-0009  Sheboygan Haven.............           0.067           0.074           0.070           0.070
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    The three-year ozone design value for 2015-2017 is 0.070 ppm, which 
meets the 2008 ozone NAAQS. Data for 2018 is not yet complete, quality-
assured, or certified, but these data show that the proposed separate 
Inland Sheboygan area continues to meet the 2008 ozone NAAQS. 
Therefore, in this action, EPA proposes to determine that the proposed 
separate Inland Sheboygan area is attaining the 2008 ozone NAAQS.
    EPA will not take final action to determine that the proposed 
separate Inland Sheboygan area is attaining the 2008 ozone NAAQS if the 
design value of a monitoring site in the area exceeds the 2008 ozone 
NAAQS after proposal but prior to final approval of the clean data 
determination. EPA will not finalize this clean data determination 
unless and until EPA takes final action to split the Sheboygan 
nonattainment area into two separate areas, as proposed.
    Should this action be finalized, the requirements for WDNR to 
submit attainment demonstrations, and associated reasonably available 
control measures (RACM), reasonable further progress (RFP) plans, 
contingency measures, and any other planning requirements related to 
attainment of the 2008 ozone NAAQS for the proposed Inland Sheboygan 
area, would be suspended for as long as the area continues to attain 
the 2008 ozone NAAQS. This action does not constitute a redesignation 
of the area to attainment of the 2008 ozone NAAQS under section 
107(d)(3)(E) of the CAA, nor does it constitute approval of a 
maintenance plan for the area as required under section 175A of the 
CAA, nor does it find that the area has met all other requirements for 
redesignation. The proposed Inland Sheboygan area will remain 
designated nonattainment for the 2008 ozone NAAQS until such time as 
EPA determines that the area meets CAA requirements for redesignation 
to attainment and takes a separate action to redesignate the area.

IV. Statutory and Executive Order Reviews

    This rulemaking action proposes to revise the boundary of an 
existing nonattainment area by splitting it into two separate 
nonattainment areas that together cover the identical geographic area 
of the original nonattainment area, and proposes to make a 
determination of attainment of the 2008 ozone NAAQS based on air 
quality data for one of those areas. These actions do not impose 
additional requirements.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This proposed action is not a ``significant regulatory action'' 
subject to review by the Office of Management and Budget.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b).

D. Regulatory Flexibility Act (RFA)

    This action is certified as not having a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibilities Act (5 U.S.C. 601 et seq.)

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. It will not have a substantial direct effect on 
one or more Indian tribes, since areas of Indian country are not being 
designated as part of this action. Furthermore, these regulation 
revisions do not affect the relationship or distribution of power and 
responsibilities between the Federal government and Indian tribes. The 
CAA and the Tribal Air Rule establish the relationship of the Federal 
government and tribes in developing plans to attain the NAAQS, and 
these revisions to the regulations do nothing to modify that 
relationship. Thus, Executive Order 13175 does not apply to this 
action.

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

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

[[Page 4426]]

J. National Technology Transfer and Advancement Act (NTTA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low income populations and/or indigenous populations as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Dated: December 21, 2018.
James O. Payne,
Acting Deputy Regional Administrator, Region 5.
[FR Doc. 2019-02350 Filed 2-14-19; 8:45 am]
 BILLING CODE 6560-50-P