[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Proposed Rules]
[Pages 21351-21366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2020-0030; EPA-R05-OAR-2020-0101; FRL-10007-32-Region 5]


Air Plan Approval; Wisconsin; Redesignation of the Wisconsin 
Portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin Area to 
Attainment of the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to find 
that the Chicago-Naperville, IL-IN-WI area (Chicago area) is attaining 
the 2008 ozone National Ambient Air Quality Standard (NAAQS or 
standard) and to act in accordance with a request from the Wisconsin 
Department of Natural Resources (Wisconsin or the State) to redesignate 
the Wisconsin portion of the area to attainment for the 2008 ozone 
NAAQS. Wisconsin submitted this request on January 21, 2020. EPA is 
proposing to approve, as a revision to the Wisconsin State 
Implementation Plan (SIP), the State's plan for maintaining the 2008 
ozone NAAQS through 2030 in the Chicago area. EPA is proposing to 
approve Wisconsin's 2025 and 2030 volatile organic compound (VOC) and 
oxides of nitrogen (NOX) Motor Vehicle Emission Budgets 
(MVEBs) for the Kenosha portion. Finally EPA is proposing to approve 
the VOC reasonably available control technology (RACT) SIP revisions 
included in Wisconsin's January 21, 2020 and February 12, 2020 
submittals.

DATES: Comments must be received on or before May 18, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0030 or EPA-R05-OAR-2020-0101 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

[[Page 21352]]

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: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of Wisconsin's redesignation request?
V. Has the state adopted approvable motor vehicle emission budgets?
VI. VOC RACT in the Kenosha Portion
VII. Proposed Actions
VIII. Incorporation by Reference
IX. Statutory and Executive Order reviews

I. What is EPA proposing?

    EPA is proposing to take several related actions. EPA is proposing 
to determine that the Chicago nonattainment area is attaining the 2008 
ozone NAAQS, based on quality-assured and certified monitoring data for 
2017-2019. The Wisconsin portion of the Chicago 2008 ozone area 
consists the portion of Kenosha County bounded by the I-94 corridor and 
the area east to Lake Michigan (Kenosha portion). The Kenosha portion 
has met the requirements for redesignation under section 107(d)(3)(E) 
of the Clean Air Act (CAA). EPA is thus proposing to change the legal 
designation of the Kenosha portion from nonattainment to attainment for 
the 2008 ozone NAAQS. EPA is also proposing to approve, as a revision 
to the Wisconsin SIP, the State's maintenance plan (such approval being 
one of the CAA criteria for redesignation to attainment status) for the 
Kenosha portion. The maintenance plan is designed to keep the Chicago 
area in attainment of the 2008 ozone NAAQS through 2030. EPA also finds 
adequate and is proposing to approve the newly-established 2025 and 
2030 MVEBs for the Kenosha portion. Finally, EPA is proposing to 
approve the VOC RACT SIP revisions included in Wisconsin's January 21, 
2020 and February 12, 2020 submittals because they satisfy the moderate 
VOC RACT requirements of the CAA for the Kenosha portion.

II. What is the background for these actions?

    EPA has determined that ground-level ozone is detrimental to human 
health. On March 27, 2008, EPA promulgated a revised 8-hour ozone NAAQS 
of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). 
Under EPA's regulations at 40 CFR part 50, the 2008 ozone NAAQS is 
attained in an area when the 3-year average of the annual fourth 
highest daily maximum 8-hour average concentration is equal to or less 
than 0.075 ppm, when truncated after the thousandth decimal place, at 
all ozone monitoring sites in the area. See 40 CFR 50.19 and appendix U 
to 40 CFR part 50.
    Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B) 
of the CAA requires EPA to designate as nonattainment any areas that 
are violating the NAAQS, based on the most recent three years of 
quality assured ozone monitoring data. The Chicago area was originally 
designated as a marginal nonattainment area for the 2008 ozone NAAQS on 
June 11, 2012 (77 FR 34221), effective July 20, 2012. EPA reclassified 
the Chicago area from marginal to moderate nonattainment on May 4, 2016 
(81 FR 26697), effective June 3, 2016. The Chicago area was again 
reclassified to serious on August 23, 2019 (84 FR 44238), effective 
September 23, 2019.

III. What are the criteria for redesignation?

    Section 107(d)(3)(E) of the CAA allows redesignation of an area to 
attainment of the NAAQS provided that: (1) The Administrator (EPA) 
determines that the area has attained the NAAQS; (2) the Administrator 
has fully approved the applicable implementation plan for the area 
under section 110(k) of the CAA; (3) the Administrator determines that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP, applicable Federal air pollutant control regulations, and other 
permanent and enforceable emission reductions; (4) the Administrator 
has fully approved a maintenance plan for the area as meeting the 
requirements of section 175A of the CAA; and (5) the state containing 
the area has met all requirements applicable to the area for the 
purposes of redesignation under section 110 and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignations in the 
General Preamble for the Implementation of Title I of the CAA 
Amendments of 1990 (57 FR 13498) and supplemented this guidance on 
April 28, 1992 (57 FR 18070). EPA has provided further guidance on 
processing redesignation requests in the following documents:
    1. ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, Director, Technical Support Division, June 
18, 1990;
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (the ``Calcagni Memorandum'');
    5. ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of Ozone 
and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G.T. 
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
    7. ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On 
or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting

[[Page 21353]]

Assistant Administrator for Air and Radiation, September 17, 1993;
    8. ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (Part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
    10. ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, May 10, 1995.

IV. What is EPA's analysis of Wisconsin's redesignation request?

A. Has the Chicago-Naperville, IL-IN-WI area attained the 2008 ozone 
NAAQS?

    For redesignation of a nonattainment area to attainment, the CAA 
requires EPA to determine that the entire Chicago area has attained the 
applicable NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining 
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 NAAQS, the 3-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 3-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 percent of the 
days within the ozone monitoring seasons,\1\ on average, for the 3-year 
period, with a minimum data completeness of 75 percent during the ozone 
monitoring season of any year during the 3-year period. See section 4 
of appendix U to 40 CFR part 50.
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    \1\ The ozone season is defined by state in 40 CFR 58, appendix 
D. The ozone season for Wisconsin is March-October 15th. See 80 FR 
65292, 65466-67 (October 26, 2015).
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    EPA has reviewed the available ozone monitoring data from 
monitoring sites in the Chicago area for the 2017-2019 period. These 
data have been quality assured, are recorded in the AQS, and have been 
certified. These data demonstrate that the Chicago area is attaining 
the 2008 ozone NAAQS. The annual fourth-highest 8-hour ozone 
concentrations and the 3-year average of these concentrations 
(monitoring site ozone design values) for each monitoring site are 
summarized in Table 1.

    Table 1--Annual Fourth Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the Fourth
  Highest Daily Maximum 8-Hour Ozone Concentrations for the Chicago-Naperville, IL-IN-WI 2008 Ozone Area (ppm)
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                                                               Year                           Average
            Site                    County       ---------------------------------------------------------------
                                                       2017            2018            2019          2017-2019
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Wisconsin:
    55-059-0019.............  Kenosha...........           0.079           0.079           0.067           0.075
    55-059-0025.............  Kenosha...........           0.076           0.080           0.066           0.074
Illinois:
    17-031-0001.............  Cook..............           0.078           0.079           0.070           0.075
    17-031-0032.............  Cook..............           0.074           0.076           0.070           0.073
    17-031-0076.............  Cook..............           0.078           0.074           0.065           0.072
    17-031-1003.............  Cook..............           0.060           0.073           0.069           0.067
    17-031-1601.............  Cook..............           0.070           0.068           0.068           0.068
    17-031-3103.............  Cook..............           0.061           0.065           0.064           0.063
    17-031-4002.............  Cook..............           0.068           0.072           0.064           0.068
    17-031-4007.............  Cook..............           0.071           0.075           0.066           0.070
    17-031-4201.............  Cook..............           0.070           0.083           0.069           0.074
    17-031-7002.............  Cook..............           0.073           0.084           0.069           0.075
    17-043-6001.............  DuPage............           0.069           0.071           0.062           0.067
    17-089-0005.............  Kane..............           0.069           0.072           0.071           0.070
    17-097-1007.............  Lake..............           0.074           0.074           0.065           0.071
    17-111-0001.............  McHenry...........           0.070           0.074           0.068           0.070
    17-197-1011.............  Will..............           0.068           0.071           0.060           0.066
Indiana:
    18-089-0022.............  Lake..............           0.070           0.071           0.065           0.068
    18-089-2008.............  Lake..............           0.069           0.062           0.065           0.065
    18-127-0024.............  Porter............           0.072           0.071           0.068           0.070
    18-127-0026.............  Porter............           0.077           0.071           0.071           0.073
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    The Chicago area's 3-year ozone design value for 2017-2019 is 0.075 
ppm,\2\ which meets the 2008 ozone NAAQS. Therefore, in today's action, 
EPA proposes to determine that the Chicago area is attaining the 2008 
ozone NAAQS.
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    \2\ The monitor ozone design value for the monitor with the 
highest 3-year averaged concentration.
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    EPA will not take final action to determine that the Chicago area 
is attaining the NAAQS nor to approve the redesignation of the Kenosha 
portion of the Chicago area if the design value of a monitoring site in 
the area violates the NAAQS after proposal but prior to final approval 
of the redesignation. As discussed in section IV.D.3. below, Wisconsin 
has committed to continue

[[Page 21354]]

monitoring ozone in this area to verify maintenance of the 2008 ozone 
NAAQS.

B. Has Wisconsin met all applicable requirements of section 110 and 
part D of the CAA for the Kenosha portion, and does Wisconsin have a 
fully approved SIP for the Kenosha portion under section 110(k) of the 
CAA?

    As criteria for redesignation of an area from nonattainment to 
attainment of a NAAQS, the CAA requires EPA to determine that the state 
has met all applicable requirements under section 110 and part D of 
title I of the CAA (see section 107(d)(3)(E)(v) of the CAA) and that 
the state has a fully approved SIP under section 110(k) of the CAA (see 
section 107(d)(3)(E)(ii) of the CAA). EPA finds that Wisconsin has met 
all applicable SIP requirements, for purposes of redesignation, under 
section 110 and part D of title I of the CAA (requirements specific to 
nonattainment areas for the 2008 ozone NAAQS). Additionally, with the 
exception of the VOC RACT requirements of section 182(b)(2) of the CAA, 
EPA finds that all applicable requirements of the Wisconsin SIP for the 
area have been fully approved under section 110(k) of the CAA. As 
discussed below, in this action EPA is proposing to approve Wisconsin's 
VOC RACT SIP submissions as meeting the moderate RACT requirements of 
section 182(b)(2) of the CAA for the Kenosha portion of the Chicago 
area under the 2008 ozone NAAQS.
    In making these determinations, EPA ascertained which CAA 
requirements are applicable to the Kenosha portion and the Wisconsin 
SIP and, if applicable, whether the required Wisconsin SIP elements are 
fully approved under section 110(k) and part D of the CAA. As discussed 
more fully below, SIPs must be fully approved only with respect to 
current applicable requirements of the CAA.
    The September 4, 1992, Calcagni memorandum (see ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's interpretation of section 
107(d)(3)(E) of the CAA. Under this interpretation, a state and the 
area it wishes to redesignate must meet the relevant CAA requirements 
that are due prior to the state's submittal of a complete redesignation 
request for the area. See also the September 17, 1993, Michael Shapiro 
memorandum and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of 
Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone NAAQS). 
Applicable requirements of the CAA that come due subsequent to the 
state's submittal of a complete request remain applicable until a 
redesignation to attainment is approved, but are not required as a 
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra 
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427 
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to 
attainment of the 1-hour ozone NAAQS).
    EPA is proposing to determine that the Chicago area has attained 
the 2008 ozone standard, under 40 CFR 51.918. If that determination is 
finalized, the requirements to submit certain planning SIPs related to 
attainment, including attainment demonstration requirements (the 
reasonably available control measures (RACM) requirement of section 
172(c)(1) of the CAA, the reasonable further progress (RFP) and 
attainment demonstration requirements of sections 172(c)(2) and (6) and 
182(b)(1) of the CAA, and the requirement for contingency measures of 
section 172(c)(9) of the CAA) would not be applicable to the area as 
long as it continues to attain the NAAQS and would cease to apply upon 
redesignation. In addition, in the context of redesignations, EPA has 
interpreted requirements related to attainment as not applicable for 
purposes of redesignation. For example, in the General Preamble EPA 
stated that:
    The section 172(c)(9) requirements are directed at ensuring RFP and 
attainment by the applicable date. These requirements no longer apply 
when an area has attained the standard and is eligible for 
redesignation. Furthermore, section 175A for maintenance plans provides 
specific requirements for contingency measures that effectively 
supersede the requirements of section 172(c)(9) for these areas. 
``General Preamble for the Interpretation of Title I of the Clean Air 
Act Amendments of 1990,'' (General Preamble) 57 FR 13498, 13564 (April 
16, 1992).
    See also Calcagni memorandum at 6 (``The requirements for 
reasonable further progress and other measures needed for attainment 
will not apply for redesignations because they only have meaning for 
areas not attaining the standard.'').
    1. Wisconsin has met all applicable requirements of section 110 and 
part D of the CAA applicable to the Kenosha portion for purposes of 
redesignation.
    a. Section 110 General Requirements for Implementation Plans.
    Section 110(a)(2) of the CAA delineates the general requirements 
for a SIP. Section 110(a)(2) provides that the SIP must have been 
adopted by the state after reasonable public notice and hearing, and 
that, among other things, it must: (1) Include enforceable emission 
limitations and other control measures, means or techniques necessary 
to meet the requirements of the CAA; (2) provide for establishment and 
operation of appropriate devices, methods, systems and procedures 
necessary to monitor ambient air quality; (3) provide for 
implementation of a source permit program to regulate the modification 
and construction of stationary sources within the areas covered by the 
plan; (4) include provisions for the implementation of part C 
prevention of significant deterioration (PSD) and part D new source 
review (NSR) permit programs; (5) include provisions for stationary 
source emission control measures, monitoring, and reporting; (6) 
include provisions for air quality modeling; and, (7) provide for 
public and local agency participation in planning and emission control 
rule development.
    Section 110(a)(2)(D) of the CAA requires SIPs to contain measures 
to prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address transport of 
certain air pollutants, e.g., NOX SIP call, the Clean Air 
Interstate Rule (CAIR), Cross State Air Pollution Rule (CSAPR). 
However, like many of the 110(a)(2) requirements, the section 
110(a)(2)(D) SIP requirements are not linked to a particular area's 
ozone designation and classification. EPA concludes that the SIP 
requirements linked with the area's ozone designation and 
classification are the relevant measures to evaluate when reviewing a 
redesignation request for the area. The section 110(a)(2)(D) 
requirements, where applicable, continue to apply to a state regardless 
of the designation of any one particular area within the state. Thus, 
we believe these requirements are not applicable requirements for 
purposes of redesignation. See 65 FR 37890 (June 15, 2000), 66 FR 50399 
(October 19, 2001), 68 FR 25418, 25426-27 (May 13, 2003).
    In addition, EPA believes that other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's ozone attainment status are not applicable requirements for 
purposes of redesignation. The area will still be subject to these 
requirements after the area is redesignated to attainment of the 2008 
ozone NAAQS. The section 110 and part D requirements which are

[[Page 21355]]

linked with a particular area's designation and classification are the 
relevant measures to evaluate in reviewing a redesignation request. 
This approach is consistent with EPA's existing policy on applicability 
(i.e., for redesignations) of conformity and oxygenated fuels 
requirements, as well as with section 184 ozone transport requirements. 
See Reading, Pennsylvania proposed and final rulemakings, 61 FR 53174-
53176 (October 10, 1996) and 62 FR 24826 (May 7, 1997); Cleveland-
Akron-Loraine, Ohio final rulemaking, 61 FR 20458 (May 7, 1996); and 
Tampa, Florida final rulemaking, 60 FR 62748 (December 7, 1995). See 
also the discussion of this issue in the Cincinnati, Ohio ozone 
redesignation (65 FR 37890, June 19, 2000), and the Pittsburgh, 
Pennsylvania ozone redesignation (66 FR 50399, October 19, 2001).
    We have reviewed Wisconsin's SIP and have concluded that it meets 
the general SIP requirements under section 110 of the CAA, to the 
extent those requirements are applicable for purposes of 
redesignation.\3\
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    \3\ EPA has previously approved provisions of the Wisconsin SIP 
addressing section 110 elements under the 2008 ozone NAAQS; 80 FR 
54725 (September 11, 2015), 79 FR 60064 (October 6, 2014), 82 FR 
9515 (February 7, 2017), 81 FR 74504 (October 26, 2016), and 81 FR 
3334 (January 21, 2016).
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    b. Part D Requirements.
    Section 172(c) of the CAA sets forth the basic requirements of air 
quality plans for states with nonattainment areas that are required to 
submit them pursuant to section 172(b). Subpart 2 of part D, which 
includes section 182 of the CAA, establishes specific requirements for 
ozone nonattainment areas depending on the areas' nonattainment 
classifications.
    The Chicago area is classified as serious under subpart 2 for the 
2008 ozone NAAQS. As such, the area is subject to the subpart 1 
requirements contained in section 172(c) and section 176. Similarly, 
the area is subject to the subpart 2 requirements contained in sections 
182(a), (b), and (c) (marginal, moderate, and serious nonattainment 
area requirements). A thorough discussion of the requirements contained 
in section 172(c) and 182 can be found in the General Preamble for 
Implementation of Title I (57 FR 13498).
    i. Subpart 1 Section 172 Requirements.
    CAA Section 172(b)requires states to submit SIPs meeting the 
requirements of section 172(c) no later than three years from the date 
of the nonattainment designation.
    Section 172(c)(1) requires the plans for all nonattainment areas to 
provide for the implementation of all RACM as expeditiously as 
practicable and to provide for attainment of the primary NAAQS. Under 
this requirement, a state must consider all available control measures, 
including reductions that are available from adopting RACT on existing 
sources. Because attainment has been reached in the Chicago area, no 
additional measures are needed to provide for attainment and section 
172(c)(1) requirements are no longer considered to be applicable, as 
long as the area continues to attain the standard until redesignation. 
See 40 CFR 51.918.
    The RFP requirement under section 172(c)(2) is defined as progress 
that must be made toward attainment. EPA approved Wisconsin's RFP plan 
and RFP contingency measures on February 13, 2019 (84 FR 3701).
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. This 
requirement was superseded by the inventory requirement in section 
182(a)(1) discussed below.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources in an 
area, and section 172(c)(5) requires source permits for the 
construction and operation of new and modified major stationary sources 
anywhere in the nonattainment area. EPA has previously approved 
Wisconsin's NSR program on October 6, 2014 (79 FR 160064) and February 
7, 2017 (82 FR 9515). However, EPA has determined that, since PSD 
requirements will apply after redesignation, areas being redesignated 
need not comply with the requirement that the NSR program be approved 
prior to redesignation, provided that the area demonstrates maintenance 
of the NAAQS without part D NSR. A more detailed rationale for this 
view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled, 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' Wisconsin has demonstrated that the 
Kenosha portion will be able to maintain the 2008 ozone NAAQS without 
part D NSR in effect; therefore, EPA concludes that the state need not 
have a fully approved part D NSR program prior to approval of the 
redesignation request. See rulemakings for Detroit, Michigan (60 FR 
12467-12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 
20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665, October 
23, 2001); and Grand Rapids, Michigan (61 FR 31834-31837, June 21, 
1996). Wisconsin's PSD program will become effective in the Kenosha 
portion upon redesignation to attainment. EPA approved Wisconsin's PSD 
program on January 22, 2003 (68 FR 2909) and February 25, 2010 (75 FR 
8496).
    Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the standard. Because attainment 
has been reached, no additional measures are needed to provide for 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, we believe the 
Wisconsin SIP meets the requirements of section 110(a)(2) for purposes 
of redesignation.
    Section 172(c)(9) requires the SIP to provide for the 
implementation of contingency measures if the area fails to make 
reasonably further progress or to attain the NAAQS by the attainment 
deadline. As noted previously, EPA approved Wisconsin's contingency 
measures for purposes of RFP on February 13, 2019 (84 FR 3701). With 
respect to contingency measures for failure to attain the NAAQS by the 
attainment deadline, this requirement is not relevant for purposes of 
redesignation because the Chicago area has demonstrated monitored 
attainment of the 2008 ozone NAAQS. (General Preamble, 57 FR 13564). 
See also 40 CFR 51.918.
    ii. Section 176 Conformity Requirements.
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs and projects that are developed, funded or approved under 
title 23 of the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity), as well as to all other federally 
supported or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement and enforceability 
that EPA promulgated pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \4\ as not applying 
for

[[Page 21356]]

purposes of evaluating a redesignation request under section 107(d), 
because state conformity rules are still required after redesignation 
and Federal conformity rules apply where state conformity rules have 
not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) 
(upholding this interpretation); see also 60 FR 62748 (December 7, 
1995) (redesignation of Tampa, Florida). Nonetheless, Wisconsin has an 
approved conformity SIP for the Kenosha portion. See 79 FR 10995 
(February 27, 2014).
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    \4\ CAA section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain Federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from SIPs requiring the development of MVEBs, 
such as control strategy SIPs and maintenance plans.
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    iii. Subpart 2 Section 182(a), (b), and (c) Requirements.
    Section 182(a)(1) requires states to submit a comprehensive, 
accurate, and current inventory of actual emissions from sources of VOC 
and NOX emitted within the boundaries of the ozone 
nonattainment area. EPA approved Wisconsin's base year emissions 
inventory for the Kenosha portion on March 7, 2016 (81 FR 11673) and 
February 13, 2019, (84 FR 3701).
    Under section 182(a)(2)(A), states with ozone nonattainment areas 
that were designated prior to the enactment of the 1990 CAA amendments 
were required to submit, within six months of classification, all rules 
and corrections to existing VOC RACT rules that were required under 
section 172(b)(3) prior to the 1990 CAA amendments. The Kenosha portion 
is not subject to the section 182(a)(2) RACT ``fix up'' requirement for 
the 2008 ozone NAAQS because it was designated as nonattainment for 
this standard after the enactment of the 1990 CAA amendments and 
because Wisconsin complied with this requirement for the Kenosha 
portion under the prior 1-hour ozone NAAQS. See 59 FR 41709 (August 15, 
1994) and 60 FR 20643 (April 27, 1995).
    Section 182(a)(2)(B) requires each state, with a marginal ozone 
nonattainment area that implemented or was required to implement a 
vehicle inspection and maintenance (I/M) program prior to the 1990 CAA 
amendments, to submit a SIP revision for an I/M program no less 
stringent than that required prior to the 1990 CAA amendments or 
already in the SIP at the time of the CAA amendments, whichever is more 
stringent. For the purposes of the 2008 ozone standard and the 
consideration of Wisconsin's redesignation request for this standard, 
the Kenosha portion is not subject to the section 182(a)(2)(B) 
requirement, because the area was designated as nonattainment for the 
2008 ozone standard after the enactment of the 1990 CAA amendments and 
because Wisconsin complied with this requirement for the Kenosha 
portion under the prior 1-hour ozone NAAQS.
    Section 182(a)(3)(B) requires the submission of an emission 
statement SIP. EPA approved Wisconsin's emission statement SIP for the 
Kenosha portion for the 2008 ozone NAAQS on February 13, 2019 (84 FR 
3701).
    Section 182(b)(1) requires the submission of an attainment 
demonstration and RFP plan. Wisconsin submitted an attainment 
demonstration and RFP plan for the Kenosha portion on April 17, 2017. 
EPA approved Wisconsin's RFP plan and RFP contingency measures for the 
Kenosha portion for the 2008 ozone NAAQS on February 13, 2019 (84 FR 
3701). Because attainment has been reached, section 182(b)(1) 
requirements are no longer considered to be applicable, as long as the 
area continues to attain the standard. If EPA finalizes approval of the 
redesignation of the area, EPA will take no further action on the 
attainment demonstration submitted by Wisconsin.
    Section 182(b)(2) requires states with moderate nonattainment areas 
to implement VOC RACT with respect to each of the following: (1) All 
sources covered by a Control Technology Guideline (CTG) document issued 
between November 15, 1990, and the date of attainment; (2) all sources 
covered by a CTG issued prior to November 15, 1990; and, (3) all other 
major non-CTG stationary sources. Wisconsin submitted VOC RACT SIP 
revisions on January 21, 2020 and February 12, 2020. For the reasons 
discussed in section VI., below, EPA is proposing to approve the SIP 
revisions submitted by Wisconsin as meeting the section 182(b)(2) 
moderate RACT requirements for the Kenosha portion under the 2008 ozone 
NAAQS.
    Section 182(b)(3) requires states to adopt Stage II gasoline vapor 
recovery regulations. On May 16, 2012 (77 FR 28772), EPA determined 
that the use of onboard vapor recovery technology for capturing 
gasoline vapor when gasoline-powered vehicles are refueled is in 
widespread use throughout the highway motor vehicle fleet and waived 
the requirement that current and former ozone nonattainment areas 
implement Stage II vapor recovery systems on gasoline pumps. EPA 
approved a revision to Wisconsin's Stage II program on November 4, 2013 
(78 FR 65875) because the State has demonstrated that onboard refueling 
vapor recovery systems will be in widespread use in southeast Wisconsin 
by 2016, making Stage II redundant.
    Section 182(b)(4) requires an I/M program for each state with a 
moderate ozone nonattainment area. EPA approved Wisconsin's I/M program 
on August 16, 2001 (66 FR 42949) and approved revisions to the program 
on September 19, 2013 (78 FR 57501). EPA approved Wisconsin's I/M 
program certification for the Kenosha portion for the 2008 ozone NAAQS 
on February 13, 2019 (84 FR 3701).
    Regarding the source permitting and offset requirements of sections 
182(a)(2)(C), 182(a)(4), and 182(b)(5), Wisconsin currently has a 
fully-approved part D NSR program in place. EPA approved Wisconsin's 
NSR SIP on January 18, 1995 (60 FR 3538) and February 7, 2017 (82 FR 
9515). Further, EPA approved Wisconsin's SIP revision addressing the 
NSR requirements for the 2008 ozone NAAQS, on May 3, 2019 (84 FR 
18989). In addition, EPA approved Wisconsin's PSD program on October 6, 
2014 (79 FR 60064). The State's PSD program will become effective in 
the Kenosha portion upon redesignation of the area to attainment.
    Section 182(f) requires states with moderate nonattainment areas to 
implement NOX RACT. EPA approved Wisconsin's NOX 
RACT SIP on October 19, 2010 (75 FR 64155). EPA approved Wisconsin's 
certification that its current NOX RACT SIP meets the 
moderate NOX RACT requirements for the Kenosha portion for 
the 2008 ozone NAAQS on February 13, 2019 (84 FR 3701).
    Section 182(c) contains the requirements for areas classified as 
serious. On August 23, 2019 (84 FR 44238), EPA reclassified the Chicago 
area from moderate to serious and established August 3, 2020 and March 
23, 2021 as the due dates for serious area SIP revisions. No 
requirements under section 182(c) became due prior to Wisconsin's 
submission of the complete redesignation request for the Kenosha 
portion, and, therefore, none are applicable to the area for purposes 
of redesignation.
    Thus, as discussed above, with approval of Wisconsin's section 
182(b)(2) VOC RACT SIP, EPA finds that the Kenosha portion will satisfy 
all applicable requirements for purposes of redesignation under section 
110 and part D of title I of the CAA.
    2. The Kenosha portion has a fully approved SIP for purposes of 
redesignation under section 110(k) of the CAA.
    At various times, Wisconsin has adopted and submitted, and EPA has 
approved, provisions addressing the various SIP elements applicable for 
the

[[Page 21357]]

ozone NAAQS. As discussed above, if EPA finalizes approval of 
Wisconsin's VOC RACT SIP submissions as meeting the requirements of 
section 182(b)(2) of the CAA, EPA will have fully approved the 
Wisconsin SIP for the Kenosha portion under section 110(k) for all 
requirements applicable for purposes of redesignation under the 2008 
ozone NAAQS. EPA may rely on prior SIP approvals in approving a 
redesignation request (see the Calcagni memorandum at page 3; 
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426). Additional 
measures may also approved in conjunction with a redesignation action 
(see 68 FR 25426 (May 12, 2003) and citations therein).

C. Are the air quality improvements in the Chicago area due to 
permanent and enforceable emission reductions?

    To redesignate an area from nonattainment to attainment, section 
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air 
quality improvement in the area is due to permanent and enforceable 
reductions in emissions resulting from the implementation of the SIP 
and applicable Federal air pollution control regulations and other 
permanent and enforceable emission reductions. EPA has determined that 
Wisconsin has demonstrated that the observed ozone air quality 
improvement in the Chicago area is due to permanent and enforceable 
reductions in VOC and NOX emissions resulting from state 
measures adopted into the SIP and Federal measures.
    In making this demonstration, the State has calculated the change 
in emissions between 2011 and 2017. The reduction in emissions and the 
corresponding improvement in air quality over this time period can be 
attributed to several regulatory control measures that the Chicago area 
and upwind areas have implemented in recent years. In addition, 
Wisconsin provided an analysis to demonstrate the improvement in air 
quality was not due to unusually favorable meteorology. Based on the 
information summarized below, EPA finds that Wisconsin has adequately 
demonstrated that the improvement in air quality is due to permanent 
and enforceable emissions reductions.
    1. Permanent and enforceable emission controls implemented.
    a. Regional NOX Controls.
    Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule 
(CSAPR). Under the ``good neighbor provision'' of CAA section 
110(a)(2)(D)(i)(I), states are required to address interstate transport 
of air pollution. Specifically, the good neighbor provision provides 
that each state's SIP must contain provisions prohibiting emissions 
from within that state which will contribute significantly to 
nonattainment of the NAAQS, or interfere with maintenance of the NAAQS, 
in any other state.
    On May 12, 2005, EPA published CAIR, which required eastern states, 
including Wisconsin, to prohibit emissions consistent with annual and 
ozone season NOX budgets and annual sulfur dioxide 
(SO2) budgets (70 FR 25152). CAIR addressed the good 
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate 
matter (PM2.5) NAAQS and was designed to mitigate the impact 
of transported NOX emissions, a precursor of both ozone and 
PM2.5, as well as transported SO2 emissions, 
another precursor of PM2.5. The United States Court of 
Appeals for the District of Columbia Circuit (D.C. Circuit) remanded 
CAIR to EPA for replacement in 2008. North Carolina v. EPA, 531 F.3d 
896, modified, 550 F.3d 1176 (2008). While EPA worked on developing a 
replacement rule, implementation of the CAIR program continued as 
planned with the NOX annual and ozone season programs 
beginning in 2009 and the SO2 annual program beginning in 
2010.
    On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's 
remand, EPA published CSAPR to replace CAIR and to address the good 
neighbor provision for the 1997 ozone NAAQS, the 1997 PM2.5 
NAAQS, and the 2006 PM2.5 NAAQS.\5\ Through Federal 
Implementation Plans, CSAPR required electric generating units (EGUs) 
in eastern states, including Wisconsin, to meet annual and ozone season 
NOX budgets and annual SO2 budgets implemented 
through new trading programs. After delays caused by litigation, EPA 
started implementing the CSAPR trading programs in 2015, simultaneously 
discontinuing administration of the CAIR trading programs. On October 
26, 2016, EPA published the CSAPR Update, which established, starting 
in 2017, a new ozone season NOX trading program for EGUs in 
eastern states, including Wisconsin, to address the good neighbor 
provision for the 2008 ozone NAAQS (81 FR 74504). The CSAPR Update is 
estimated to result in a 20 percent reduction in ozone season 
NOX emissions from EGUs in the eastern United States, a 
reduction of 80,000 tons in 2017 compared to 2015 levels. The reduction 
in NOX emissions from the implementation of CAIR and then 
CSAPR occurred by the attainment years and additional emission 
reductions will occur throughout the maintenance period.
---------------------------------------------------------------------------

    \5\ In a December 27, 2011 rulemaking, EPA included Wisconsin in 
the ozone season NOX program, addressing the 1997 ozone 
NAAQS (76 FR 80760).
---------------------------------------------------------------------------

    b. Wisconsin Point Source NOX Reductions.
    The NOX emission units at We Energies--Pleasant Prairie 
Power Plant (FID #230006260) include two coal fired boilers (B20 and 
B21), two auxiliary natural gas fired boilers (B22 and B23), and four 
emergency generators (P30-P33). Boilers B20 and B21 are subject to the 
NOX RACT requirements in s. NR 428.22(1)(a)1.a., Wis. Adm. 
Code and shall comply with the NOX emission limit of 0.1 
pounds per million British thermal units (lbs/MMBtu), based on a 30-day 
rolling average, by May 1, 2009. Pursuant to a consent decree (Civil 
Action No. 03-C-0371), Boilers B20 and B21 became subject to the 
NOX emission limit of 0.08 lbs/MMBtu, based on a 12-month 
rolling average, by December 31, 2006 and December 31, 2003, 
respectively. As noted in the source's construction permit #18-RAB-05-
ERC, issued on September 7, 2018, boilers B20-B23 were permanently shut 
down on or around April 10, 2018.
    c. Federal Emission Control Measures.
    Reductions in VOC and NOX emissions have occurred 
statewide and in upwind areas as a result of Federal emission control 
measures, with additional emission reductions expected to occur in the 
future. Federal emission control measures include the following:
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. On February 10, 2000 (65 FR 6698), EPA promulgated Tier 2 
motor vehicle emission standards and gasoline sulfur control 
requirements. These emission control requirements result in lower VOC 
and NOX emissions from new cars and light duty trucks, 
including sport utility vehicles. With respect to fuels, this rule 
required refiners and importers of gasoline to meet lower standards for 
sulfur in gasoline, which were phased in between 2004 and 2006. By 
2006, refiners were required to meet a 30 ppm average sulfur level, 
with a maximum cap of 80 ppm. This reduction in fuel sulfur content 
ensures the effectiveness of low emission-control technologies. The 
Tier 2 tailpipe standards established in this rule were phased in for 
new vehicles between 2004 and 2009. EPA estimates that, when fully 
implemented, this rule will cut NOX and VOC emissions from 
light-duty vehicles and light-duty trucks by

[[Page 21358]]

approximately 76 percent and 28 percent, respectively. NOX 
and VOC reductions from medium-duty passenger vehicles included as part 
of the Tier 2 vehicle program are estimated to be approximately 37,000 
and 9,500 tons per year, respectively, when fully implemented. As 
projected by these estimates and demonstrated in the on-road emission 
modeling for the Kenosha portion, the majority of these emission 
reductions occurred by the attainment years and additional emission 
reductions will occur throughout the maintenance period, as remaining 
older vehicles are replaced with newer, compliant model years.
    Tier 3 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. On April 28, 2014 (79 FR 23414), EPA promulgated Tier 3 
motor vehicle emission and fuel standards to reduce both tailpipe and 
evaporative emissions and to further reduce the sulfur content in 
fuels. The rule is being phased in between 2017 and 2025. Tier 3 sets 
new tailpipe standards for the sum of VOC and NOX and for 
particulate matter. The VOC and NOX tailpipe standards for 
light-duty vehicles represent approximately an 80 percent reduction 
from today's fleet average and a 70 percent reduction in per-vehicle 
particulate matter (PM) standards. Heavy-duty tailpipe standards 
represent about a 60 percent reduction in both fleet average VOC and 
NOX and per-vehicle PM standards. The evaporative emissions 
requirements in the rule will result in approximately a 50 percent 
reduction from current standards and apply to all light-duty and on-
road gasoline-powered heavy-duty vehicles. Finally, the rule lowered 
the sulfur content of gasoline to an annual average of 10 ppm by 
January 2017. As projected by these estimates and demonstrated in the 
on-road emission modeling for the Kenosha portion, some of these 
emission reductions occurred by the attainment years and additional 
emission reductions will occur throughout the maintenance period, as 
older vehicles are replaced with newer, compliant model years.
    Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for 
on-road heavy-duty diesel engines that includes standards limiting the 
sulfur content of diesel fuel. Emissions standards for NOX, 
VOC and PM were phased in between model years 2007 and 2010. In 
addition, the rule reduced the highway diesel fuel sulfur content to 15 
parts per million by 2007, leading to additional reductions in 
combustion NOX and VOC emissions. EPA has estimated future 
year emission reductions due to implementation of this rule. 
Nationally, EPA estimated that by 2015 NOX and VOC emissions 
would decrease by 1,260,000 tons and 54,000 tons, respectively. 
Nationally, EPA estimated that by 2030 NOX and VOC emissions 
will decrease by 2,570,000 tons and 115,000 tons, respectively. As 
projected by these estimates and demonstrated in the on-road emission 
modeling for the Kenosha portion, some of these emission reductions 
occurred by the attainment years and additional emission reductions 
will occur throughout the maintenance period, as older vehicles are 
replaced with newer, compliant model years.
    Non-road Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a 
rule adopting emissions standards for non-road diesel engines and 
sulfur reductions in non-road diesel fuel. This rule applies to diesel 
engines used primarily in construction, agricultural, and industrial 
applications. Emission standards were phased in for the 2008 through 
2015 model years based on engine size. The SO2 limits for 
non-road diesel fuels were phased in from 2007 through 2012. EPA 
estimates that when fully implemented, compliance with this rule will 
cut NOX emissions from these non-road diesel engines by 
approximately 90 percent. As projected by these estimates and 
demonstrated in the non-road emission modeling for the Kenosha portion, 
some of these emission reductions occurred by the attainment years and 
additional emission reductions will occur throughout the maintenance 
period.
    Non-road Spark-Ignition Engines and Recreational Engine Standards. 
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for 
large spark-ignition engines such as those used in forklifts and 
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and 
recreational marine diesel engines. These emission standards were 
phased in from model year 2004 through 2012. When fully implemented, 
EPA estimates an overall 72 percent reduction in VOC emissions from 
these engines and an 80 percent reduction in NOX emissions. 
As projected by these estimates and demonstrated in the non-road 
emission modeling for the Kenosha portion, some of these emission 
reductions occurred by the attainment years and additional emission 
reductions will occur throughout the maintenance period.
    Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR 
22896), EPA issued emission standards for marine compression-ignition 
engines at or above 30 liters per cylinder. Tier 2 emission standards 
apply beginning in 2011, are expected to result in a 15 to 25 percent 
reduction in NOX emissions from these engines. Final Tier 3 
emission standards apply beginning in 2016 and are expected to result 
in approximately an 80 percent reduction in NOX from these 
engines. As projected by these estimates and demonstrated in the non-
road emission modeling for the Kenosha portion, some of these emission 
reductions occurred by the attainment years and additional emission 
reductions will occur throughout the maintenance period.
    2. Emission reductions.
    Wisconsin is using a 2011 emissions inventory as the nonattainment 
year. This is appropriate because it was one of the years used to 
designate the Chicago area as nonattainment. Wisconsin is using 2017 as 
the attainment year, which is appropriate because it is one of the 
years in the 2017-2019 period used to demonstrate attainment.
    Wisconsin created the point source emission inventory using 
annually reported point source emissions, the EPA's Clean Air Markets 
Division database and approved EPA techniques for emissions calculation 
(e.g., emission factors) for 2011 and 2017 point source emissions from 
state inventory databases.
    There is one EGU point source facility located in the Kenosha 
portion. For this facility, Wisconsin used the ozone season 
NOX emissions divided by the days of reported operation 
during the ozone season to represent summer day emissions. The VOC 
summer day emissions were derived by multiplying the facility's ozone 
season heat input by an average VOC emission rate.
    Wisconsin tabulated the 2011 and 2017 emissions inventories for 
non-EGU point sources using the emissions data reported annually by 
each facility operator to the Wisconsin air emissions inventory (AEI). 
The AEI calculates emissions for each individual emissions unit or 
process line by multiplying fuel or process throughput by the 
appropriate emission factor that is derived from mass balance analysis, 
stack testing, continuous emissions monitoring, engineering analysis, 
or EPA's Factor Information Retrieval database. The emission 
calculations in the AEI also account for any operating control 
equipment.
    For the area sources, emissions inventory estimates were based on 
the 2011 NEI version 2, except for the residential and commercial 
portable fuel containers and Stage II refueling categories as described 
below. Emission calculation methodologies used in developing 2011 
nonpoint emissions

[[Page 21359]]

inventory are available in the EPA's 2011 NEI, version 2 Technical 
Support Document.
    For the 2017 attainment year, area source emissions inventory 
estimates were based on the data interpolation between the 2016 base 
year and the 2023 projection year of EPA's 2016 version 1 emissions 
modeling platform. Methodologies used to develop 2016 and 2023 
emissions modeling data are available in the EPA's National Emissions 
Inventory Collaborative Wiki v1 release page.
    On-road mobile source emissions were developed in conjunction with 
the Southeastern Wisconsin Regional Planning Commission (SEWRPC), the 
Metropolitan Planning Organization for the Kenosha portion. On-road 
mobile sources are motorized mobile equipment that are primarily used 
on public roadways. Examples of on-road mobile sources include cars, 
trucks, buses and road motorcycles. Wisconsin used the Motor Vehicle 
Emission Simulator (MOVES), the EPA's recommended mobile source model, 
to develop on-road emissions rates. The version used was MOVES2014b.
    The modeling inputs to MOVES include detailed transportation data 
(e.g., vehicle-miles of travel by vehicle class, road class and hour of 
day, and average speed distributions), which were provided by SEWRPC.
    The methodology for the 2011 and 2017 non-road emissions categories 
were developed using the EPA's MOVES2014b model, using the same summer 
day temperatures used for the on-road modeling. The model was run for 
Kenosha County for the months of June, July and August. Summer day 
emissions were calculated by dividing the total emissions over these 
three months by 92 (the number of days in the three months). Emissions 
were then allocated from the full county to the eastern Kenosha County 
area based on surrogates such as population, land area and water area, 
depending on the category.
    For commercial marine, aircraft and rail locomotive (MAR) 
categories, the annual emissions estimates used for Kenosha County are 
those in the EPA's 2011 NEI version 2.
    For the year 2017, the annual emissions estimates used for Kenosha 
County were obtained by linearly interpolating between the 2016 and 
2023 values in the EPA's 2016 emissions modeling platform, version 1.
    Summer day emissions for these MAR categories were estimated by 
dividing the annual emissions by 365. This same value was used in the 
EPA's 2011 version 6.3 emissions modeling platform. The allocation of 
the full county emissions to the eastern Kenosha County area is based 
on surrogates, such as population, land area and water area, depending 
on the MAR category.
    Emissions for Illinois and Indiana were based on inventories 
developed by those states in 2016 for an earlier round of redesignation 
requests. For the current document, 2011 and 2030 emissions are 
directly taken from these earlier inventories, whereas 2017 and 2025 
emissions were determined by interpolation from these inventories. The 
original inventories are in Wisconsin's 2016 redesignation request.
    Using the inventories described above, Wisconsin's submittal 
documents changes in VOC and NOX emissions from 2011 to 2017 
for the Kenosha portion. Emissions data are shown in Tables 2 and 3.

  Table 2--Emissions Reduction of NOX Emissions for the Illinois, Indiana and Wisconsin Portions of the Chicago
                                          Nonattainment Area 2011-2017
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                                                                       2011            2017
                             Sector                                nonattainment    attainment       Emissions
                                                                       year            year          reduction
----------------------------------------------------------------------------------------------------------------
Illinois:
    EGU Point...................................................           67.41           29.23           38.18
    Non-EGU.....................................................           52.57           47.59            4.98
    Area........................................................           27.14           33.60           -6.46
    On-Road.....................................................          296.38          177.66          118.72
    Non-road....................................................          188.34          142.64           45.70
                                                                 -----------------------------------------------
        Total...................................................          631.84          430.72          201.12
Indiana:
    EGU Point...................................................           30.15            3.73           26.42
    Non-EGU.....................................................           66.46           55.42           11.04
    Area........................................................            9.69            8.06            1.63
    On-road.....................................................           24.70           12.85           11.85
    Non-road....................................................           12.69            6.73            5.96
                                                                 -----------------------------------------------
        Total...................................................          143.69           86.79           56.90
Wisconsin:
    EGU Point...................................................            8.71            8.55            0.16
    Non-EGU.....................................................            0.11            0.13           -0.02
    Area........................................................            1.09            1.02            0.07
    On-Road.....................................................            5.35            2.81            2.54
    Non-road....................................................            2.08            1.67            0.41
                                                                 -----------------------------------------------
        Total...................................................           17.35           14.19            3.17
Chicago-Naperville, IL-IN-WI 2008 ozone area:
    Illinois....................................................          631.84          430.72          201.12
    Indiana.....................................................          143.69           86.79           56.90
    Wisconsin...................................................           17.35           14.19            3.16
                                                                 -----------------------------------------------
        Total...................................................          792.88          531.70          261.18
----------------------------------------------------------------------------------------------------------------


[[Page 21360]]


  Table 3--Emissions Reduction of VOC Emissions for the Illinois, Indiana and Wisconsin Portions of the Chicago
                                          Nonattainment Area 2011-2017
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Emissions
                             Sector                                    2011            2017          reduction
----------------------------------------------------------------------------------------------------------------
Illinois:
    EGU Point...................................................            0.62            0.78           -0.16
    Non-EGU.....................................................           47.63           44.53            3.10
    Area........................................................          210.04          226.69          -16.65
    On-Road.....................................................           91.04           81.49            9.54
    Non-road....................................................          169.58          80.564           89.02
                                                                 -----------------------------------------------
        Total...................................................          518.91          434.05           84.85
Indiana:
    EGU Point...................................................            0.63            0.20            0.43
    Non-EGU.....................................................           17.07           10.16            6.91
    Area........................................................           18.07           19.56           -1.49
    On-road.....................................................            9.58            6.07            3.51
    Non-road....................................................           14.19            4.06           10.13
                                                                 -----------------------------------------------
        Total...................................................           59.54           40.05           19.49
Wisconsin:
    EGU Point...................................................            0.38            0.32            0.06
    Non-EGU.....................................................            0.18            0.07            0.11
    Area........................................................            3.76            3.49            0.27
    On-Road.....................................................            2.53            1.42            1.11
    Non-road....................................................            1.13            0.74            0.39
                                                                 -----------------------------------------------
        Total...................................................            7.98            6.04            1.94
Chicago-Naperville, IL-IN-WI 2008 ozone area:
    Illinois....................................................          518.91          434.05           84.85
    Indiana.....................................................           59.54           40.05           19.49
    Wisconsin...................................................            7.98            6.04            1.94
                                                                 -----------------------------------------------
        Total...................................................          586.43          480.14          106.29
----------------------------------------------------------------------------------------------------------------

    As shown in Tables 2 and 3, NOX and VOC emissions in the 
Kenosha portion declined by 3.17 tons/day and 1.94 tons/day, 
respectively, between 2011 and 2017. NOX and VOC emissions 
throughout the entire Chicago area declined by 261.18 tons/day and 
106.29 tons/day, respectively, between 2011 and 2017.
    3. Meteorology.
    Wisconsin included an analysis to further support its demonstration 
that the improvement in air quality between the nonattainment year 
violations and the attainment year is due to permanent and enforceable 
emission reductions and not unusually favorable meteorology. Wisconsin 
analyzed the maximum fourth-highest 8-hour ozone values for May, June, 
July, August, and September, for years 2000 to 2017.
    First, the maximum 8-hour ozone concentration at each monitor in 
the Kenosha portion was compared to the number of days where the 
maximum temperature was greater than or equal to 80 [deg]F. While there 
is a clear trend in decreasing ozone concentrations at all monitors, 
there is no such trend in the temperature data.
    Wisconsin also examined the relationship between the average summer 
temperature for each year of the 2000-2017 period and the fourth-
highest 8-hour ozone concentration. Given the similarity of ozone 
concentrations observed at each monitor and the regional nature of 
ozone formation, Wisconsin conducted this analysis using the average 
fourth-highest 8-hour ozone concentration from all monitors in the 
Kenosha portion. While there is some correlation between average summer 
temperatures and ozone concentrations, this correlation does not exist 
over the study period. The linear regression lines for each data set 
demonstrate that the average summer temperatures have increased over 
the 2000 to 2017 period, while average ozone concentrations have 
decreased. Because the correlation between temperature and ozone 
formation is well established, these data suggest that reductions in 
precursors are responsible for the reductions in ozone concentrations 
in the Kenosha portion, and not unusually favorable summer 
temperatures.
    Finally, Wisconsin analyzed the relationship between average 
summertime relative humidity and average fourth-highest 8-hour ozone 
concentrations. The data did not show a correlation between relative 
humidity and ozone concentrations.
    As discussed above, Wisconsin identified numerous Federal rules 
that resulted in the reduction of VOC and NOX emissions from 
2011 to 2017. In addition, Wisconsin's analyses of meteorological 
variables associated with ozone formation demonstrate that the 
improvement in air quality in the Kenosha portion between the year 
violations occurred and the year attainment was achieved is not due to 
unusually favorable meteorology. Therefore, EPA finds that Wisconsin 
has shown that the air quality improvements in the Chicago area are due 
to permanent and enforceable emissions reductions.

D. Does Wisconsin have a fully approvable ozone maintenance plan for 
the Kenosha portion?

    As one of the criteria for redesignation to attainment section 
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has 
a fully approved maintenance plan pursuant to section 175A of the CAA. 
Section 175A of the CAA sets forth the elements of a maintenance plan 
for areas seeking redesignation from nonattainment to

[[Page 21361]]

attainment. Under section 175A, the maintenance plan must demonstrate 
continued attainment of the NAAQS for at least 10 years after the 
Administrator approves a redesignation to attainment. Eight years after 
the redesignation, the state must submit a revised maintenance plan 
which demonstrates that attainment of the NAAQS will continue for an 
additional 10 years beyond the initial 10-year maintenance period. To 
address the possibility of future NAAQS violations, the maintenance 
plan must contain contingency measures, as EPA deems necessary, to 
ensure prompt correction of the future NAAQS violation.
    The Calcagni Memorandum provides further guidance on the content of 
a maintenance plan, explaining that a maintenance plan should address 
five elements: (1) An attainment emission inventory; (2) a maintenance 
demonstration; (3) a commitment for continued air quality monitoring; 
(4) a process for verification of continued attainment; and (5) a 
contingency plan. In conjunction with its request to redesignate the 
Kenosha portion to attainment for the 2008 ozone NAAQS, Wisconsin 
submitted a SIP revision to provide for maintenance of the 2008 ozone 
NAAQS through 2030, more than 10 years after the expected effective 
date of the redesignation to attainment. As discussed below, EPA 
proposes to find that Wisconsin's ozone maintenance plan includes the 
necessary components and to approve the maintenance plan as a revision 
of the Wisconsin SIP.
    1. Attainment inventory.
    EPA is proposing to determine that the Chicago area has attained 
the 2008 ozone NAAQS based on monitoring data for the period of 2017-
2019. Wisconsin selected 2017 as the attainment emissions inventory 
year to establish attainment emission levels for VOC and 
NOX. The attainment emissions inventory identifies the 
levels of emissions in the Kenosha portion that are consistent to 
attainment of the 2008 ozone NAAQS. The derivation of the attainment 
year emissions is discussed above in section IV.C.2. of this proposed 
rule. The attainment level emissions, by source category, are 
summarized in Tables 2 and 3 above.
    2. Has the state documented maintenance of the ozone standard in 
the Kenosha portion?
    Wisconsin has demonstrated maintenance of the 2008 ozone NAAQS 
through 2030 by ensuring that current and future emissions of VOC and 
NOX for the Kenosha portion remain at or below attainment 
year emission levels. A maintenance demonstration need not be based on 
modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. 
EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099-53100 
(October 19, 2001), 68 FR 25413, 25430-25432 (May 12, 2003).
    Wisconsin is using emissions inventories for the years 2025 and 
2030 to demonstrate maintenance. 2030 is more than 10 years after the 
expected effective date of the redesignation to attainment and 2025 was 
selected to demonstrate that emissions are not expected to spike in the 
interim between the attainment year and the final maintenance year. The 
emissions inventories were developed as described below.
    Wisconsin estimated the future year point source emissions by 
applying growth factors to the 2017 attainment year emissions 
inventory. Wisconsin's 2025 area source emissions were estimated 
primarily by interpolating between EPA's 2023 and 2028 modeling 
inventories, while 2030 area source emissions were estimated by 
extrapolating EPA's 2023 and 2028 modeling inventories.
    The methodology for the 2025 and 2030 projected non-road emissions 
categories were developed using the EPA's MOVES2014b model, using the 
same summer day temperatures used for the on-road modeling. The model 
was run for Kenosha County for the months of June, July and August. 
Summer day emissions were calculated by dividing the total emissions 
over these three months by 92 (the number of days in the three months). 
Emissions were then allocated from the full county to the eastern 
Kenosha County area based on surrogates such as population, land area 
and water area, depending on the category.
    For all source categories except commercial MAR, the MOVES2014b 
model was run for Kenosha County at summer day temperatures, assuming 
the model's default growth projections.
    For the three MAR categories, the 2025 and 2030 emissions were 
calculated by linearly interpolating or extrapolating from the 2023 and 
2028 values from EPA's 2016 Emissions Modeling Platform, Version 1. To 
avoid underestimating 2030 emissions, if the extrapolated emissions for 
2030 were less than those for 2028, the 2030 emissions were set equal 
to those for 2028.
    On-road mobile source emissions were developed in conjunction with 
the SEWRPC and were calculated from emission factors produced by EPA's 
MOVES2014a model and data extracted from the region's travel-demand 
model.
    Projected emissions data are shown in Tables 4 through 5 below.

 Table 4--Projected Emissions of NOX Emissions for the Illinois, Indiana, and Wisconsin Portions of the Chicago
                                        Nonattainment Area 2025 and 2030
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                                                       2017                            2030          Emissions
                     Sector                         attainment     2025 interim     maintenance   reduction 2017-
                                                       year            year            year            2030
----------------------------------------------------------------------------------------------------------------
Illinois:
    EGU Point...................................           29.23           49.56           60.75          -31.52
    Non-EGU.....................................           47.59           47.68           48.54           -0.95
    Area........................................           33.60           33.83           33.97           -0.37
    On-Road.....................................          177.66           85.04           65.66          112.00
    Non-road....................................          142.64          114.83          106.92           35.72
                                                 ---------------------------------------------------------------
        Total...................................          430.72          330.94          315.84          114.88
Indiana:
    EGU Point...................................            3.73            0.34            0.34            3.39
    Non-EGU.....................................           55.42           58.49           59.30           -3.88
    Area........................................            8.06            7.13            6.68            1.38
    On-road.....................................           12.85            8.53            6.62            6.23
    Non-road....................................            6.73            4.28            3.22            3.51
                                                 ---------------------------------------------------------------

[[Page 21362]]

 
        Total...................................           86.79           78.77           76.16           10.63
Wisconsin:
    EGU Point...................................            8.55               0               0            8.55
    Non-EGU.....................................            0.13            0.16            0.16           -0.03
    Area........................................            1.02            1.00            0.99            0.03
    On-Road.....................................            2.81            1.47            1.14            1.67
    Non-road....................................            1.67            1.24            1.16            0.52
    EGU Emission credit.........................  ..............            7.22            7.22            7.22
                                                 ---------------------------------------------------------------
        Total...................................           14.19            3.87            3.44           10.75
Chicago-Naperville, IL-IN-WI 2008 ozone area:
    Illinois....................................          430.72          330.94          315.84          114.88
    Indiana.....................................           86.79           78.77           76.16           10.63
    Wisconsin...................................           14.19            3.87            3.45           10.75
                                                 ---------------------------------------------------------------
        Total...................................          531.70          413.58          395.45          136.26
----------------------------------------------------------------------------------------------------------------


 Table 5--Projected Emissions of VOC Emissions for the Illinois, Indiana, and Wisconsin Portions of the Chicago
                                        Nonattainment Area 2025 and 2030
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                                                       2017                            2030          Emissions
                     Sector                         attainment     2025  interim    maintenance      reduction
                                                       year            year            year          2017-2030
----------------------------------------------------------------------------------------------------------------
Illinois:
    EGU Point...................................            0.78            2.12            2.64           -1.86
    Non-EGU.....................................           44.53           44.53           43.57            0.86
    Area........................................          226.69          222.19          221.40            5.29
    On-Road.....................................           81.49           52.85           42.64           38.93
    Non-road....................................           80.56           79.07           82.27           -1.71
                                                 ---------------------------------------------------------------
        Total...................................          434.05          399.90          392.52           41.53
Indiana:
    EGU Point...................................            0.20            0.07            0.06            0.14
    Non-EGU.....................................           10.16           11.70           11.57           -1.41
    Area........................................           19.56           19.76           19.86           -0.30
    On-road.....................................            6.07            4.91            3.77            2.30
    Non-road....................................            4.06            3.58            3.38            0.68
                                                 ---------------------------------------------------------------
        Total...................................           40.05           40.02           38.64            1.41
Wisconsin:
    EGU Point...................................            0.32            0.00            0.00            0.32
    Non-EGU.....................................            0.07            0.15            0.15           -0.08
    Area........................................            3.49            3.48            3.50           -0.01
    On-Road.....................................            1.42            0.95            0.73            0.69
    Non-road....................................            0.74            0.61            0.60            0.14
    EGU Emission credit.........................  ..............            0.37            0.37            0.37
                                                 ---------------------------------------------------------------
        Total...................................            6.04            5.19            4.98            1.06
Chicago-Naperville, IL-IN-WI 2008 ozone area:
    Illinois....................................          434.05          399.90          392.52           41.53
    Indiana.....................................           40.05           40.02           38.64            1.41
    Wisconsin...................................            6.04            5.19            4.98            1.06
                                                 ---------------------------------------------------------------
        Total...................................          480.14          445.11          436.14           44.00
----------------------------------------------------------------------------------------------------------------

    In summary, Wisconsin's maintenance demonstration for the Kenosha 
portion shows maintenance of the 2008 ozone NAAQS by providing 
emissions information to support the demonstration that future 
emissions of NOX and VOC will remain at or below 2017 
emission levels when considering both future source growth and 
implementation of future controls. As shown in Tables 4 and 5, 
emissions in the Kenosha portion are projected to decrease by 10.74 
tons/day and 1.06 tons/day, respectively, between 2017 and 2030. 
NOX and VOC emissions in the entire Chicago area are 
projected to decrease by 136.26 tons/day and 44.00 tons/day, 
respectively, between 2017 and 2030.
    3. Continued air quality monitoring.

[[Page 21363]]

    Wisconsin has committed to continue to operate the ozone monitors 
listed in Table 1 above. Wisconsin has committed to consult with EPA 
prior to making changes to the existing monitoring network should 
changes become necessary in the future. Wisconsin remains obligated to 
meet monitoring requirements, to continue to quality assure monitoring 
data in accordance with 40 CFR part 58, and to enter all data into the 
Air Quality System (AQS) in accordance with Federal guidelines.
    4. Verification of continued attainment.
    Wisconsin has confirmed that it has the legal authority to enforce 
and implement the requirements of the maintenance plan for the Kenosha 
portion. This includes the authority to adopt, implement, and enforce 
any subsequent emission control measures determined to be necessary to 
correct future ozone attainment problems.
    Verification of continued attainment is accomplished through 
operation of the ambient ozone monitoring network and the periodic 
update of the area's emissions inventory. Wisconsin will continue to 
operate the current ozone monitors located in the Kenosha portion. 
There are no plans to discontinue operation, relocate, or otherwise 
change the existing ozone monitoring network other than through 
revisions in the network approved by the EPA.
    In addition, to track future levels of emissions, Wisconsin will 
continue to develop and submit to EPA updated emission inventories for 
all source categories at least once every three years, consistent with 
the requirements of 40 CFR part 51, subpart A, and 40 CFR 51.122. The 
Consolidated Emissions Reporting Rule (CERR) was promulgated by EPA on 
June 10, 2002 (67 FR 39602). The CERR was replaced by the Annual 
Emissions Reporting Requirements on December 17, 2008 (73 FR 76539). 
The most recent triennial inventory for Wisconsin was compiled for 
2014. Point source facilities covered by Wisconsin's emission statement 
rule, Wisconsin Administrative Code NR 438, will continue to submit VOC 
and NOX emissions on an annual basis.
    5. What is the contingency plan for the Kenosha portion?
    Section 175A of the CAA requires that the state adopt a maintenance 
plan, as a SIP revision, that includes such contingency measures as EPA 
deems necessary to ensure that the state will promptly correct a 
violation of the NAAQS that occurs after redesignation of the area to 
attainment of the NAAQS. The maintenance plan must identify: The 
contingency measures to be considered and, if needed for maintenance, 
adopted and implemented; a schedule and procedure for adoption and 
implementation; and a time limit for action by the state. The state 
should also identify specific indicators to be used to determine when 
the contingency measures need to be considered, adopted, and 
implemented. The maintenance plan must include a commitment that the 
state will implement all measures with respect to the control of the 
pollutant that were contained in the SIP before redesignation of the 
area to attainment in accordance with section 175A(d) of the CAA.
    As required by section 175A of the CAA, Wisconsin has adopted a 
contingency plan for the Kenosha portion to address possible future 
ozone air quality violations. The contingency plan adopted by Wisconsin 
has two levels of response, a warning level response and an action 
level response.
    In Wisconsin's plan, a warning level response will be triggered 
when an annual fourth highest monitored value of 0.075 ppm or higher is 
monitored within the maintenance area. A warning level response will 
require Wisconsin to conduct a study. The study would include the two 
elements. The first element would assess whether actual emissions have 
deviated significantly from the emissions projections contained in this 
maintenance plan for the Kenosha portion, along with an evaluation of 
which sectors and states are responsible for any emissions increases. 
Second, Wisconsin would investigate whether unusual meteorological 
conditions during the high ozone year led to the high monitored ozone 
concentrations. The study will evaluate whether the trend, if any, is 
likely to continue and, if so, the control measures necessary to 
reverse the trend. The study will consider ease and timing of 
implementation as well as economic and social impacts and will be 
completed no later than May 1st of the next season. Implementation of 
necessary controls in response to a warning level response trigger will 
take place no later than 18 months from the completion of the study.
    In Wisconsin's plan, an action level response would be triggered if 
a three-year design value exceeds the level of the 2008 ozone NAAQS 
(0.075 ppm). When an action level response is triggered, Wisconsin will 
determine what additional control measures are needed to ensure future 
attainment of the 2008 ozone NAAQS. Control measures selected will be 
adopted and implemented within 18 months from the close of the ozone 
season that prompted the action level. Wisconsin may also consider if 
significant new regulations not currently included as part of the 
maintenance provisions will be implemented in a timely manner and would 
thus constitute an adequate contingency measure response.
    Wisconsin included the following list of potential contingency 
measures in its maintenance plan. However, Wisconsin is not limited to 
the measures on this list:

1. Anti-idling control program for mobile sources, targeting diesel 
vehicles
2. Diesel exhaust retrofits
3. Traffic flow improvements
4. Park and ride facilities
5. Rideshare/carpool program
6. Expansion of the vehicle emissions testing program

    To qualify as a contingency measure, emissions reductions from that 
measure must not be factored into the emissions projections used in the 
maintenance plan. Wisconsin notes that because it is not possible to 
determine what control measures will be appropriate in the future, the 
list is not comprehensive.
    EPA has concluded that Wisconsin's maintenance plan adequately 
addresses the five basic components of a maintenance plan: Attainment 
inventory, maintenance demonstration, monitoring network, verification 
of continued attainment, and a contingency plan. In addition, as 
required by section 175A(b) of the CAA, Wisconsin has committed to 
submit to EPA an updated ozone maintenance plan eight years after 
redesignation of the Kenosha portion to cover an additional ten years 
beyond the initial 10-year maintenance period. Thus, EPA finds that the 
maintenance plan SIP revision submitted by Wisconsin for the Kenosha 
portion meets the requirements of section 175A of the CAA, and EPA 
proposes to approve it as a revision to the Wisconsin SIP.

V. Has the state adopted approvable motor vehicle emission budgets?

A. Motor Vehicle Emission Budgets

    Under section 176(c) of the CAA, new transportation plans, programs 
or projects that receive Federal funding or support, such as the 
construction of new highways, must ``conform'' to (i.e., be consistent 
with) the SIP. Conformity to the SIP means that transportation 
activities will not cause new air quality violations, worsen existing 
air quality problems, or delay timely attainment of the NAAQS or 
interim air quality milestones. Regulations at 40 CFR part 93 set forth 
EPA policy, criteria, and

[[Page 21364]]

procedures for demonstrating and assuring conformity of transportation 
activities to a SIP. Transportation conformity is a requirement for 
nonattainment and maintenance areas. Maintenance areas are areas that 
were previously nonattainment for a particular NAAQS, but that have 
been redesignated to attainment with an approved maintenance plan for 
the NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs for nonattainment areas and maintenance plans for 
areas seeking redesignations to attainment of the ozone standard and 
maintenance areas. See the SIP requirements for the 2008 ozone NAAQS in 
EPA's December 6, 2018 implementation rule (83 FR 62998). These control 
strategy SIPs (including reasonable further progress plans and 
attainment plans) and maintenance plans must include MVEBs for criteria 
pollutants, including ozone and their precursor pollutants (VOC and 
NOX) to address pollution from on-road transportation 
sources. The MVEBs are the portion of the total allowable emissions 
that are allocated to highway and transit vehicle use that, together 
with emissions from other sources in the area, will provide for 
attainment or maintenance. See 40 CFR 93.101.
    Under 40 CFR part 93, a MVEB for an area seeking a redesignation to 
attainment must be established, at minimum, for the last year of the 
maintenance plan. A state may adopt MVEBs for other years as well. The 
MVEB serves as a ceiling on emissions from an area's planned 
transportation system. The MVEB concept is further explained in the 
preamble to the November 24, 1993, Transportation Conformity Rule (58 
FR 62188). The preamble also describes how to establish the MVEB in the 
SIP and how to revise the MVEB, if needed, subsequent to initially 
establishing a MVEB in the SIP.
    As discussed earlier, Wisconsin's maintenance plan includes 
NOX and VOC MVEBs for the Kenosha for 2030 and 2025, the 
last year of the maintenance period and an interim year. The MVEBs were 
developed as part of an interagency consultation process which includes 
Federal, state, and local agencies. The MVEBs were clearly identified 
and precisely quantified. These MVEBs, when considered together with 
all other emissions sources, are consistent with maintenance of the 
2008 ozone NAAQS.

       Table 8--MVEBs for the Kenosha 2008 Ozone Maintenance Plan
                               [Tons/day]
------------------------------------------------------------------------
                                                        2025      2030
                      Pollutant                         MVEB      MVEB
------------------------------------------------------------------------
NOX.................................................      1.47      1.17
VOC.................................................      0.95      0.73
------------------------------------------------------------------------

    EPA finds adequate and is proposing to approve the MVEBs for use to 
determine transportation conformity in the Kenosha portion of the 
Chicago area, because EPA has determined that the area can maintain 
attainment of the 2008 ozone NAAQS for the relevant maintenance period 
with mobile source emissions at the levels of the MVEBs.

B. What is a safety margin?

    A ``safety margin'' is the difference between the attainment level 
of emissions (from all sources) and the projected level of emissions 
(from all sources) in the maintenance plan. As noted in Tables 4 and 5 
above, the emissions in the Kenosha portion are projected to have 
safety margins of 171.38 tons/day for NOX and 63.19 tons/day 
for VOC in 2030 (the difference between the attainment year, 2017, 
emissions and the projected 2030 emissions for all sources in the 
Kenosha portion. Similarly, there is a safety margin of 31.63 tons/day 
for NOX and 14.54 tons/day for VOC in 2025. Even if 
emissions exceeded projected levels by the full amount of the safety 
margin, the counties would still demonstrate maintenance since emission 
levels would equal those in the attainment year.
    Wisconsin is not allocating any of the safety margin to the mobile 
source sector. Wisconsin can request an allocation to the MVEBs of the 
available safety margins reflected in the demonstration of maintenance 
in a future SIP revision.

VI. VOC RACT in the Kenosha Portion

    Sections 172(c)(1) and 182(b)(2) of the CAA require states to 
implement RACT in ozone nonattainment areas classified as moderate (and 
higher). Specifically, these areas are required to implement RACT for 
all major VOC and NOX emissions sources and for all sources 
covered by a Control Techniques Guideline (CTG). A CTG is a document 
issued by EPA which establishes a ``presumptive norm'' for RACT for a 
specific VOC source category. States must submit rules, or negative 
declarations when no such sources exist for CTG source categories.
    EPA's SIP Requirements Rule for the 2008 ozone NAAQS indicates that 
states may meet RACT through the establishment of new or more stringent 
requirements that meet RACT control levels, through a certification 
that previously adopted RACT controls in their SIPs approved by EPA for 
a prior ozone NAAQS also represent adequate RACT control levels for 
attainment of the 2008 ozone NAAQS, or with a combination of these two 
approaches. In addition, a state may submit a negative declaration in 
instances where there are no CTG sources.
    Wisconsin previously addressed RACT requirements in the Kenosha 
portion in developing attainment plans for the 1979 and 1997 ozone 
standards. Wisconsin has previously adopted RACT rules for VOC emission 
sources in the nonattainment areas under Wisconsin Administrative Code 
NR 420. Wisconsin has evaluated the previously adopted regulations and 
determined that these rules still satisfy RACT. Wisconsin's submittal 
describes the VOC RACT program for the Kenosha portion. The submittal 
provided a list of the CTGs for which RACT requirements have been 
codified in the Wisconsin Administrative Code.
    Wisconsin has not adopted VOC RACT regulations for four CTGs: 
Shipbuilding and ship repair, aerospace manufacturing, fiberglass boat 
manufacturing, and the oil and natural gas industry. In addition, while 
Wisconsin has adopted rules to cover industrial adhesive use, metal and 
plastic parts coatings, and automobile and light-duty truck 
manufacturing, the Wisconsin Administrative Code does not reflect the 
most recently published CTGs for these categories.
    Wisconsin performed an applicability analysis for these categories 
in the Kenosha portion. Wisconsin's analysis took the following steps 
to make this determination: First, Wisconsin relied on the Wisconsin 
Air Emissions Inventory to create a list of all the VOC emitting 
facilities in the Kenosha portion. Wisconsin searched the list for 
facilities having the applicable CTG Standard Industrial Classification 
(SIC) codes. Second, Wisconsin searched the Wisconsin Air Resource 
Program database, which contains facility and emissions information 
about all Wisconsin companies that have obtained an air pollution 
control permit for sources located within the partial county 
nonattainment area with the applicable SIC codes. Third, Wisconsin 
searched the membership directories found on the applicable SIC code 
organizations' websites. Finally, Wisconsin searched the ReferenceUSA 
database for facilities located within the

[[Page 21365]]

partial county nonattainment area with the SIC codes listed above.
    Wisconsin's analysis determined that there are no facilities for 
the following CTGs in the Kenosha nonattainment area: Shipbuilding and 
ship repair, aerospace manufacturing, fiberglass boat manufacturing, 
oil and natural gas industry, miscellaneous industrial adhesives, and 
automobile and light-duty truck assembly coatings. Wisconsin provided 
negative declarations for these CTG categories.
    For the remaining CTG category, miscellaneous metal and plastic 
parts coatings, Wisconsin's analysis identified three facilities in the 
Kenosha County 2008 ozone nonattainment area. For two of the 
facilities, KKSP Precision Machining LLC (Facility Identification 
230198760) and IEA, Inc. (Facility Identification 230167520), Wisconsin 
determined that the emissions were well below the CTG applicability 
threshold of 15 lb VOC per day, or equivalently, 3 tons per year. The 
remaining facility, Insinkerator (Facility Identification 230167630), 
was found to have CTG-applicable emissions of 3.1 tons per year in 
2017, which is above the CTG threshold. Insinkerator entered into an 
Administrative Order (AM-20-01) with Wisconsin which establishes 
permanent and enforceable emission limits, among other requirements, on 
this facility, which are consistent with the control requirements and 
limits set forth in the 2008 Miscellaneous Metal and Plastic Parts 
Coatings CTG. AM-20-01 was submitted to EPA for incorporation into the 
SIP on February 12, 2020.
    Wisconsin has certified that the VOC RACT rules previously adopted 
by the state and approved into Wisconsin's SIP continue to meet VOC 
RACT requirements for the Kenosha portion under the 2008 ozone NAAQS. 
Wisconsin has adequately documented its analysis of sources in the area 
to support its negative declarations for the shipbuilding and ship 
repair, aerospace manufacturing, fiberglass boat manufacturing, oil and 
natural gas industry, miscellaneous industrial adhesives, and 
automobile and light-duty truck assembly coatings categories. 
Wisconsin's analysis of sources in the area and subsequent 
documentation of potential applicability under the 2008 Miscellaneous 
Metal and Plastic Parts Coatings CTG properly identified Insinkerator 
as the only facility which would be subject to the requirements of this 
CTG. Finally, Wisconsin has submitted for incorporation into the SIP 
Administrative Order (AM-20-01), which contains limits and associated 
requirements for Insinkerator that are consistent with those set forth 
in the CTG. EPA finds Wisconsin's VOC RACT SIP submittals to be 
approvable as meeting the moderate VOC RACT requirements of section 
182(b)(2) of the CAA.

VII. Proposed Actions

    EPA is proposing to determine that the Chicago area is attaining 
the 2008 ozone NAAQS, based on quality-assured and certified monitoring 
data for 2017-2019. EPA is proposing to approve Wisconsin's January 21, 
2020 and February 12, 2020 VOC RACT submittals as meeting the moderate 
SIP requirements of section 182(b)(2) of the CAA. EPA is proposing to 
determine that upon final approval of Wisconsin's VOC RACT submittals, 
the Kenosha portion will have met the requirements for redesignation 
under section 107(d)(3)(E) of the CAA. EPA is thus proposing to change 
the legal designation of the Kenosha portion of the Chicago-Naperville, 
IL[dash]IN[dash]WI area from nonattainment to attainment for the 2008 
ozone NAAQS. EPA is also proposing to approve, as a revision to the 
Wisconsin SIP, the state's maintenance plan for the area. The 
maintenance plan is designed to keep the Kenosha portion in attainment 
of the 2008 ozone NAAQS through 2030. Finally, EPA finds adequate and 
is proposing to approve the newly-established 2025 and 2030 MVEBs for 
the Kenosha portion.

VIII. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Wisconsin Administrative Order AM-20-01, effective January 9, 
2020. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov and at the EPA Region 5 
Office (please contact the person identified in the ``For Further 
Information Contact'' section of this preamble for more information).

IX. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of

[[Page 21366]]

Indian country, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because redesignation is an action that affects the status of a 
geographical area and does not impose any new regulatory requirements 
on tribes, impact any existing sources of air pollution on tribal 
lands, nor impair the maintenance of ozone national ambient air quality 
standards in tribal lands.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

40 CFR Part 81

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

    Dated: April 9, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
[FR Doc. 2020-07924 Filed 4-16-20; 8:45 am]
 BILLING CODE 6560-50-P