[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Proposed Rules]
[Pages 6491-6494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02140]



[[Page 6491]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2019-0518; FRL-10004-91-Region 5]


2008 Ozone National Ambient Air Quality Standards; Wisconsin; 
Determination of Attainment by the Attainment Date for Inland 
Sheboygan; Reclassification of Shoreline Sheboygan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing two 
actions related to the attainment date for two areas classified as 
``Moderate'' for the 2008 ozone National Ambient Air Quality Standards 
(NAAQS). First, EPA is proposing to determine that the Inland 
Sheboygan, Wisconsin (WI) nonattainment area attained the standard by 
the July 20, 2019, extended attainment date. Second, EPA is proposing 
to determine that the Shoreline Sheboygan, WI nonattainment area failed 
to attain the standard by the extended attainment date. The effect of 
failing to attain by the attainment date is that the area will be 
reclassified by operation of law to ``Serious'' upon the effective date 
of the final reclassification action. Consequently, the Wisconsin 
Department of Natural Resources (WDNR) must submit State Implementation 
Plan (SIP) revisions required to satisfy the statutory and regulatory 
requirements for Serious areas for the 2008 ozone NAAQS. EPA is 
proposing deadlines for submittal of those SIP revisions and 
implementation of the related control requirements.

DATES: Comments must be received on or before March 6, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0518 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. Determination of Attainment by the Attainment Date for the 
Inland Sheboygan Area
III. Reclassification of the Shoreline Sheboygan Area
IV. Summary of Proposed Actions
V. Statutory and Executive Order Reviews

I. Background

    Under section 181(b)(2) of the Clean Air Act (CAA), EPA is required 
to determine whether areas designated nonattainment for an ozone NAAQS 
attained the standard by the applicable attainment date, and to take 
certain steps for areas that failed to attain.
    On May 21, 2012, EPA designated the entirety of Sheboygan County in 
Wisconsin as nonattainment for the 2008 ozone NAAQS (77 FR 30088). 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 Sheboygan nonattainment area qualified for a one-year attainment 
date extension to July 20, 2016 (81 FR 26697). On December 19, 2016, 
EPA determined that the area had failed to attain the standard by its 
extended attainment date, and EPA reclassified the Sheboygan 
nonattainment area as Moderate with an attainment date of July 20, 2018 
(81 FR 91841).
    On July 15, 2019, EPA revised the designation for the Sheboygan 
nonattainment area for the 2008 ozone NAAQS, by splitting the original 
area into two distinct nonattainment areas that together cover the 
identical geographic area of the original nonattainment area (84 FR 
33699). 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. On August 23, 2019, EPA determined that 
the Inland Sheboygan area and Shoreline Sheboygan area qualified for 
one-year attainment date extensions to July 20, 2019 (84 FR 44238).
    For a concentration-based standard, such as the 2008 ozone NAAQS, a 
determination of attainment \1\ is based on a nonattainment area's 
design value. The design value for the 2008 ozone NAAQS is the 3-year 
average of the annual fourth highest daily maximum 8-hour average ozone 
concentration. The 2008 ozone NAAQS is met at an ambient monitoring 
site when the design value does not exceed 0.075 parts per million 
(ppm). The attainment date design value is based on the three most 
recent, complete calendar years of data preceding the attainment date. 
In this case, EPA's proposed determinations for each area are based on 
the complete, quality-assured and certified ozone monitoring data from 
calendar years 2016, 2017, and 2018. As such, EPA's proposed 
determinations for each Sheboygan area are based upon the complete, 
quality-assured and certified ozone monitoring data from calendar years 
2016, 2017, and 2018.
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    \1\ The criteria for determining if an area is attaining the 
2008 ozone NAAQS are set out in 40 CFR 50.15 and 40 CFR part 50, 
appendix P.
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    All monitors in an area must be considered when determining if the 
area attains the NAAQS. To make the determination that an area attains 
the NAAQS, each monitor must have a valid \2\ design value meeting the 
standard. If one or more monitors in an area have a design value that 
exceeds the standard, the area does not attain the NAAQS. For the 
Inland Sheboygan area, EPA must consider the design value from the 
Sheboygan Haven monitor with site ID 55-117-0009, and for the Shoreline 
Sheboygan area, EPA must consider the design value from the Sheboygan 
Kohler Andrae monitor with

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site ID 55-117-0006. Data from these monitors are presented in Table 1.
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    \2\ Design values attaining the 2008 ozone NAAQS must also meet 
minimum data completeness requirements specified in 40 CFR part 50, 
appendix P to be considered valid.

 Table 1--Annual and Three-Year Average of the 4th High Daily Maximum 8-Hour Ozone Concentrations for the Inland
                                   Sheboygan Area and Shoreline Sheboygan Area
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                                                   2016 4th high   2017 4th high   2018 4th high     2016-2018
             Area                    Monitor           (ppm)           (ppm)           (ppm)      average  (ppm)
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Inland Sheboygan County, WI...  Sheboygan Haven            0.074           0.070           0.070           0.071
                                 (55-117-0009).
Shoreline Sheboygan County, WI  Sheboygan Kohler           0.085           0.075           0.083           0.081
                                 Andrae (55-117-
                                 0006).
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    Additional background and rationale for EPA's actions making 
determinations of attainment, reclassifications, and establishing SIP 
submission and implementation deadlines for reclassified areas for many 
of the other 2008 Moderate ozone nonattainment areas is provided in our 
August 23, 2019 final rulemaking (84 FR 44238), as well as in our 
November 14, 2018 proposal of that rulemaking (83 FR 56781).

II. Determination of Attainment by the Attainment Date for the Inland 
Sheboygan Area

    The Inland Sheboygan area had a design value that did not exceed 
0.075 ppm based on the 2016-2018 data. Thus, EPA proposes to determine, 
in accordance with CAA section 181(b)(2)(A), that the area attained the 
standard by the applicable attainment date of July 20, 2019.\3\
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    \3\ On July 15, 2019, EPA made a Clean Data Determination for 
the Inland Sheboygan area and, in accordance with 40 CFR 51.1118, 
suspended the requirements for the state to submit an attainment 
demonstration and associated RACM, RFP plans, contingency measures, 
and other planning elements related to attainment of the 2008 ozone 
NAAQS (84 FR 33699). Today's proposed action does not alter the 
status of the final Clean Data Determination for the Inland 
Sheboygan area.
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    This proposed determination of attainment by the attainment date 
does not constitute a formal redesignation to attainment as provided 
for under CAA section 107(d)(3). Redesignations to attainment require 
states to meet the statutory criteria set out at CAA section 
107(d)(3)(E), which include requirements that the state has met the 
applicable requirements under CAA section 110 and part D, and EPA has 
approved a maintenance plan to ensure continued attainment of the 
standard for 10 years following redesignation, as provided under CAA 
section 175A.

III. Reclassification of the Shoreline Sheboygan Area

    EPA is proposing to determine that the Shoreline Sheboygan area 
failed to attain the 2008 ozone NAAQS by the extended attainment date 
of July 20, 2019. This area is not eligible for a second 1-year 
attainment date extension because the area does not meet the extension 
criteria under CAA section 181(a)(5) as interpreted by EPA in 40 CFR 
51.1107. Under these criteria, for an area to qualify for a second 1-
year extension, the area's 4th highest daily maximum 8-hour value, 
averaged over both the original attainment year and the first extension 
year must be 0.075 ppm or less.
    Section 181(b)(2)(B) of the CAA requires EPA to publish a 
determination of failure to attain and accompanying reclassification in 
the Federal Register no later than 6 months after the attainment date, 
which in the case of the Shoreline Sheboygan area would be no later 
than January 20, 2020.
    As required under CAA section 181(b)(2)(A), if EPA finalizes the 
determination that the area failed to attain by the attainment date, it 
will be reclassified to Serious by operation of law. The reclassified 
area will then be subject to the Serious area requirement to attain the 
2008 ozone NAAQS as expeditiously as practicable, but not later than 
July 20, 2021.
    Once reclassified as Serious, the state must submit to EPA the SIP 
revisions for the area that satisfy the statutory and regulatory 
requirements applicable to Serious areas established in CAA section 
182(c) and in the SIP Requirements Rule. However, the statutory 
timeframes for SIP submissions applicable to areas originally 
classified as Serious have passed. For instance, 40 CFR 51.1108 
established the deadline for Serious-area attainment demonstrations to 
be 48 months after the effective date of nonattainment designation, or 
July 20, 2016. Under CAA section 182(i), reclassified areas are 
required to meet the requirements associated with their newly 
reclassified status according to the schedules prescribed in connection 
with such requirements, except that the Administrator may adjust 
applicable deadlines (other than attainment dates) to the extent such 
adjustment is ``necessary or appropriate to assure consistency among 
the required submissions.''
    In our August 23, 2019, rulemaking, EPA exercised its discretion 
under CAA section 182(i) to adjust the deadlines for other areas in the 
country that were reclassified to ``Serious'' for submitting SIP 
revisions required by CAA section 182(c) (84 FR 44238). In accordance 
with CAA section 182(i), in order to ``assure consistency among the 
required submissions'', EPA proposes that the same SIP submission due 
dates and implementation deadlines finalized for other areas 
reclassified to Serious in our August 23, 2019, rulemaking will apply 
to the Shoreline Sheboygan area upon its reclassification to Serious. 
With regard to reasonably available control technology (RACT), EPA's 
August 23, 2019, rulemaking made a distinction between RACT measures 
that would be needed for purposes of meeting reasonable further 
progress (RFP) requirements or for attaining the NAAQS expeditiously, 
and the possible set of RACT measures that nevertheless are required to 
be adopted and implemented under the CAA but would not necessarily be 
needed for a state to meet RFP or demonstrate timely attainment in a 
particular nonattainment area. These two ``categories'' of RACT 
measures are referred to as ``RACT measures tied to attainment'' and 
``RACT measures not tied to attainment,'' respectively.

A. Due Date for Serious Area SIP Revisions (Including RACT Measures 
Tied to Attainment), and Implementation Deadline for RACT Measures Tied 
to Attainment

    EPA is proposing August 3, 2020, as the due date for Serious area 
SIP revisions, including RACT measures tied to attainment. EPA is also 
proposing August 3, 2020, as the implementation deadline for RACT 
measures tied to attainment for the Shoreline Sheboygan area. These 
deadlines are the same as for the other

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areas reclassified to Serious in EPA's August 23, 2019, rulemaking.
    The state submittal requirements for attainment plans, in general, 
are provided under CAA section 172(c); the SIP requirements that apply 
to Serious areas for the 2008 ozone NAAQS are listed under CAA section 
182(c) and include: (1) Enhanced monitoring; (2) attainment 
demonstration and RFP plan; (3) an enhanced vehicle inspection and 
maintenance program, if applicable; (4) clean-fuel vehicle programs and 
transportation control; (5) nonattainment New Source Review program 
revisions; and (6) contingency measures. States must also provide an 
analysis of--and adopt all--reasonably available control measures 
(RACM), including RACT needed for purposes of meeting RFP or timely 
attaining the NAAQS. Such an analysis should include: (1) An evaluation 
of controls for sources emitting 100 tons per year (tpy) or more that 
may have become reasonably available since the January 1, 2017, 
Moderate area deadline for adopting and implementing RACT, and (2) an 
evaluation of controls that are currently reasonably available for 
sources emitting 50 tpy or more, consistent with the Serious area 
classification.

B. Due Date for Submitting SIP Revisions for RACT Measures Not Tied to 
Attainment

    For Serious areas reclassified from Moderate, the requirement for 
RACT expands to include all sources that emit, or have the potential to 
emit, 50 tpy of volatile organic compounds (VOC) or nitrogen oxides 
(NOX). State air agencies responsible for Moderate areas are 
already required to implement RACT for major sources, defined as 
sources that emit or have the potential to emit 100 tpy. Thus, states 
must revise their RACT SIPs to include those other sources emitting or 
having the potential to emit 50 to 100 tpy. EPA proposes that the State 
submit its SIP revisions for any RACT not otherwise needed for 
attainment purposes for the Shoreline Sheboygan area by March 23, 2021. 
This deadline is the same as for the other areas reclassified to 
Serious in EPA's August 23, 2019, rulemaking.

C. Implementation Deadline for RACT Measures Not Tied to Attainment

    EPA is proposing July 20, 2021, the Serious area attainment date, 
as the deadline for implementation of RACT measures not tied to 
attainment for the Shoreline Sheboygan area. This deadline is the same 
as for the other areas reclassified to Serious in EPA's August 23, 
2019, rulemaking.

IV. Summary of Proposed Actions

    EPA is proposing to determine that the Inland Sheboygan area 
attained the 2008 ozone NAAQS by the July 20, 2019, extended attainment 
date. EPA is also proposing to determine that the Shoreline Sheboygan 
area failed to attain the standard by the extended attainment date. The 
effect of failing to attain by the attainment date is that the area 
will be reclassified by operation of law to ``Serious'' upon the 
effective date of the final reclassification action. WDNR will then be 
required to submit SIP revisions to satisfy the statutory and 
regulatory requirements for Serious areas for the 2008 ozone NAAQS. EPA 
is proposing deadlines for submittal of those SIP revisions and 
implementation of the related control requirements.

V. Statutory and Executive Order Reviews

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 EPA's proposed determination of 
attainment by the attainment date and reclassification do not impact 
any areas of Indian country. 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 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

    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

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Order 12898 (59 FR 7629, February 16, 1994).

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: January 17, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
[FR Doc. 2020-02140 Filed 2-4-20; 8:45 am]
 BILLING CODE 6560-50-P