[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Rules and Regulations]
[Pages 33699-33703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14990]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2018-0035; FRL-9996-18-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 will retain their nonattainment designation and Moderate 
classification. In this action, EPA is also making a clean data 
determination for one of the two separate areas for the 2008 ozone 
NAAQS.

DATES: This final rule is effective on July 15, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0035. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or 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 Eric Svingen, Environmental Engineer, at (312) 353-
4489 before visiting the Region 5 office.

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. What is the background for this final rule?
II. What comments did EPA receive?
III. What actions is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this final rule?

    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 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 (40 CFR 
50.15).
    On April 30, 2004 (69 FR 23858), and May 21, 2012 (77 FR 30088), 
EPA designated the entirety of Sheboygan County in Wisconsin as 
nonattainment for the 1997 ozone NAAQS and 2008 ozone NAAQS, 
respectively.
    On March 1, 2011, EPA determined that the Sheboygan nonattainment 
area had attained the 1997 ozone NAAQS (76 FR 11080). Since that 
determination, the area has continued to attain the 1997 ozone NAAQS, 
and the area retains its Moderate classification. On December 19, 2016, 
EPA reclassified the Sheboygan nonattainment area for the 2008 ozone 
NAAQS as Moderate with an attainment date of July 20, 2018 (81

[[Page 33700]]

FR 91841). On November 14, 2018, EPA proposed to grant Wisconsin's 
request for a one-year attainment date extension, and establish a new 
Moderate attainment date of July 20, 2019 for the Sheboygan 
nonattainment area for the 2008 ozone NAAQS (83 FR 56781).
    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.
    On February 15, 2019, EPA proposed to take two related actions 
regarding the Sheboygan nonattainment area for the 1997 ozone NAAQS and 
2008 ozone NAAQS (84 FR 4422).
    First, under the authority of Clean Air Act (CAA) section 
107(d)(3)(D), EPA proposed 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. EPA proposed 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.
    Second, pursuant to regulations at 40 CFR 51.1118, EPA proposed to 
make a clean data determination for one of the proposed separate areas 
for the 2008 ozone NAAQS. This determination was based upon three years 
of complete, quality-assured and certified data for the 2015-2017 
monitoring period. The three-year ozone design value for 2015-2017 was 
0.070 ppm, which meets the 2008 ozone NAAQS.

II. What comments did EPA receive?

    During the comment period, EPA received six comments, all of which 
were supportive. Therefore, EPA is finalizing this rule as proposed.

III. What actions is EPA taking?

    Under the authority of CAA section 107(d)(3)(D), EPA is splitting 
the current Sheboygan nonattainment area for the 1997 ozone NAAQS and 
the 2008 ozone NAAQS into two distinct nonattainment areas that 
together cover the identical geographic area of the original area. One 
of the separate areas, called the ``Shoreline Sheboygan County, WI'' 
nonattainment area, consists of the eastern portion of the original 
area, including the Sheboygan Kohler Andrae monitor. The other separate 
area, called the ``Inland Sheboygan County, WI'' nonattainment area, 
consists of the western portion of the original area, including the 
Sheboygan Haven monitor. The areas are 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 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. EPA's nonattainment boundary for the Inland 
Sheboygan County area for the 1997 ozone NAAQS and 2008 ozone NAAQS is 
a portion of Sheboygan County exclusive and west of the split boundary. 
Both areas continue to be designated nonattainment for the 1997 ozone 
NAAQS and 2008 ozone NAAQS and classified as Moderate.
    Pursuant to regulations at 40 CFR 51.1118, EPA is making a clean 
data determination for the Inland Sheboygan County area for the 2008 
ozone NAAQS. EPA's determination is based on data from the Sheboygan 
Haven monitor with site ID 55-117-0009, which is the only Federal 
Reference Method ozone monitor within the Inland Sheboygan County area. 
EPA proposed to make this clean data determination based on data for 
the 2015-2017 monitoring period; however, EPA is finalizing this action 
based on three years of complete, quality-assured and certified data 
for the more recent 2016-2018 monitoring period. The three-year ozone 
design value for 2016-2018 was 0.071 ppm, which meets the 2008 ozone 
NAAQS. Therefore, EPA is determining that the Inland Sheboygan County 
area is attaining the 2008 ozone NAAQS. For as long as the area 
continues to attain the 2008 ozone NAAQS, EPA is suspending the 
requirements for WDNR to submit attainment demonstrations, and 
associated reasonably available control measures, reasonable further 
progress plans, contingency measures, and any other planning 
requirements related to attainment of the 2008 ozone NAAQS for the 
Inland Sheboygan County area. 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 Inland Sheboygan County 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.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for these actions to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary due to the 
nature of this revised designation, which imposes no new regulatory 
requirements, and this clean data determination, which relieves the 
Inland Sheboygan County area from certain CAA requirements that would 
otherwise apply to it. The immediate effective date for this action is 
authorized under both 5 U.S.C. 553(d)(1), which provides that 
rulemaking actions may become effective less than 30 days after 
publication if the rule ``grants or recognizes an exemption or relieves 
a restriction,'' and section 553(d)(3), which allows an effective date 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' The purpose 
of the 30-day waiting period prescribed in section 553(d) is to give 
affected parties a reasonable time to adjust their behavior and prepare 
before the final rule takes effect. Today's rule, however, does not 
create any new regulatory requirements such that affected parties would 
need time to prepare before the rule takes effect. Further, this rule 
relieves the State of certain planning requirements for the Inland 
Sheboygan County area. For these reasons, these actions will become 
effective on the date of publication of these actions.

IV. Statutory and Executive Order Reviews

    This rulemaking action revises 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 makes 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.

[[Page 33701]]

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

    This 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.

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).

L. Congressional Review Act (CRA)

    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. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

M. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 13, 2019. 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. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

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

    Dated: June 24, 2019.
Cheryl Newton,
Deputy Regional Administrator, Region 5.

    Title 40 CFR parts 52 and 81 are 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 revising paragraph (y) and adding 
paragraph (ii) to read as follows:


Sec.  52.2585   Control strategy: Ozone.

* * * * *
    (y) Determination of attainment. EPA has determined, as of March 1, 
2011 that the Milwaukee-Racine, WI and Sheboygan, WI areas have 
attained the 1997 8-hour ozone standard. These determinations suspend 
the requirements for these areas to submit attainment demonstrations 
and associated reasonably available control measures (RACM), reasonable 
further progress plans (RFP), contingency measures, and other State 
Implementation Plan (SIP) revisions related to attainment of the 
standard for as long as the areas continue to attain the 1997 8-hour 
ozone standard. These determinations also stay the requirement for EPA 
to promulgate attainment demonstration and RFP Federal Implementation 
Plans (FIPs) for these areas. On July 15, 2019, EPA revised the 
designation for the

[[Page 33702]]

Sheboygan, WI area for the 1997 8-hour ozone standard, by splitting the 
original area into two distinct nonattainment areas, called the Inland 
Sheboygan County, WI area and Shoreline Sheboygan County, WI area, that 
together cover the identical geographic area of the original 
nonattainment area. EPA's March 1, 2011 determination of attainment for 
the Sheboygan County, WI area applies to the Inland Sheboygan County, 
WI area and Shoreline Sheboygan County, WI area.
* * * * *
    (ii) Determination of attainment. EPA has determined, as of July 
15, 2019, that the Inland Sheboygan County, WI area has attained the 
2008 8-hour ozone standard. This determination suspends the 
requirements for this area to submit an attainment demonstration and 
associated reasonably available control measures (RACM), a reasonable 
further progress plan (RFP), contingency measures, and other State 
Implementation Plan (SIP) revisions related to attainment of the 
standard for as long as the area continues to attain the 2008 8-hour 
ozone standard.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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


0
4. Section 81.350 is amended by:
0
a. Removing the entry for ``Sheboygan, WI'' in the table entitled 
``Wisconsin--1997 8-Hour Ozone NAAQS (Primary and Secondary)'' and 
adding entries for ``Inland Sheboygan County, WI'' and ``Shoreline 
Sheboygan County, WI'' before the subheading ``Rest of State''; and
0
b. Removing the entry for ``Sheboygan County, WI: Sheboygan County'' in 
the table entitled ``Wisconsin--2008 8-Hour Ozone NAAQS (Primary and 
secondary)'' and adding entries for ``Inland Sheboygan County, WI'' and 
``Shoreline Sheboygan County, WI'' before the entry for ``Adams 
County''.
    The additions read as follows:


Sec.  81.350   Wisconsin.

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                                       Wisconsin--1997 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                          Designation \a\                      Category/classification
        Designated area         --------------------------------------------------------------------------------
                                    Date \1\            Type           Date \1\                 Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Inland Sheboygan County, WI....       7/15/2019  Nonattainment....  ..............  Subpart 2/Moderate.
Sheboygan County (part):
    Exclusive and west of 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.
Shoreline Sheboygan County, WI.       7/15/2019  Nonattainment....  ..............  Subpart 2/Moderate.
Sheboygan County (part):
    Inclusive and east of 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.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.


                                       Wisconsin--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                          Designation \a\                      Category/classification
        Designated area         --------------------------------------------------------------------------------
                                    Date \1\            Type           Date \1\                 Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Inland Sheboygan County, WI \2\       7/15/2019  Nonattainment....      12/19/2016  Moderate.
Sheboygan County (part):
    Exclusive and west of 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.
Shoreline Sheboygan County, WI        7/15/2019  Nonattainment....      12/19/2016  Moderate.
 \2\.
Sheboygan County (part):

[[Page 33703]]

 
    Inclusive and east of 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.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

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[FR Doc. 2019-14990 Filed 7-12-19; 8:45 am]
 BILLING CODE 6560-50-P