[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
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* * * * * * *
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.
* * * * * * *
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\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
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* * * * * * *
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.
* * * * * * *
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\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]
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