[Federal Register Volume 85, Number 112 (Wednesday, June 10, 2020)]
[Rules and Regulations]
[Pages 35377-35379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10569]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2020-0042; FRL-10009-61-Region 5]


Air Plan Approval; Wisconsin; Redesignation of the Newport State 
Park Area in Door County to Attainment of the 2015 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) finds that the 
Newport State Park area in Door County Wisconsin is attaining the 2015 
ozone National Ambient Air Quality Standard (NAAQS or standard). EPA is 
acting in accordance with a request from the Wisconsin Department of 
Natural Resources (WDNR) to redesignate the area to attainment for the 
2015 ozone NAAQS because the request meets the statutory requirements 
for redesignation under the Clean Air Act (CAA), which WDNR submitted 
on January 27, 2020. EPA is also approving, as a revision to the 
Wisconsin State Implementation Plan (SIP), the State's plan for 
maintaining the 2015 ozone NAAQS through 2030 in the area. Finally, EPA 
finds adequate and is approving Wisconsin's 2023 and 2030 volatile 
organic compound (VOC) and oxides of nitrogen (NOX) Motor 
Vehicle Emission Budgets (MVEBs) for the area.

DATES: This final rule is effective June 10, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2020-0042. All documents in the docket are listed in 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either through 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6832, 
[email protected]. The EPA Region 5 office is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays 
and facility closures due to COVID 19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed in this document?

    This rule takes action on the January 27, 2020, submission from 
WDNR requesting redesignation of the Newport State Park area in Door 
County, Wisconsin to attainment for the 2015 ozone standard. The 
background for this action is discussed in detail in EPA's proposal, 
dated March 13, 2020 (85 FR 14608). In that rulemaking, we noted that, 
under EPA regulations at 40 CFR part 50, the 2015 ozone NAAQS is 
attained in an area when the 3-year average of the annual fourth 
highest daily maximum 8-hour average ozone concentration is equal to or 
less than 0.070 parts per million, when truncated after the third 
decimal place, at all of the ozone monitoring sites in the area. (See 
40 CFR 50.19 and appendix U of part 50.) Under the CAA, EPA may 
redesignate nonattainment areas to attainment if sufficient, complete, 
quality-assured data are available to determine that the area has 
attained the standard and meets the other CAA redesignation 
requirements in section 107(d)(3)(E). The proposed rule provides a 
detailed discussion of how Wisconsin has met these CAA requirements.
    As discussed in the proposed rule, quality-assured and certified 
monitoring data for 2017-2019 show that the area has attained the 2015 
ozone standard. In the maintenance plan submitted for the area, 
Wisconsin has demonstrated that the ozone standard will be maintained 
in the area through 2030. Finally, Wisconsin has adopted 2023 and 2030 
VOC and NOX MVEBs for the area that are supported by 
Wisconsin's maintenance demonstration.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period for the March 13, 
2020,

[[Page 35378]]

proposed rule. The comment period ended on April 13, 2020. We received 
an anonymous request for an extension to the comment period; however, 
inadequate grounds for the extension were asserted, and we did not 
grant that request. Finalizing this action will not pose a risk to 
public health and the environment, since the area has clean monitoring 
data for the air pollutant in question and the area has met all the 
applicable CAA requirements for redesignation.

III. What action is EPA taking?

    EPA is determining that the Newport State Park nonattainment area 
in Door County Wisconsin is attaining the 2015 ozone standard, based on 
quality-assured and certified monitoring data for 2017-2019 and that 
the area has met the requirements for redesignation under section 
107(d)(3)(E) of the CAA. EPA is thus changing the legal designation of 
the area from nonattainment to attainment for the 2015 ozone standard. 
EPA is also approving, as a revision to the Wisconsin SIP, the State's 
maintenance plan for the area. The maintenance plan is designed to keep 
the area in attainment of the 2015 ozone NAAQS through 2030. Finally, 
EPA finds adequate and is approving the newly-established 2023 and 2030 
MVEBs for the area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for these actions to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary due to the 
nature of a redesignation to attainment, which relieves the area from 
certain CAA requirements that would otherwise apply to it. The 
immediate effective date for this action is authorized under both 5 
U.S.C. 553(d)(1), which provides that rulemaking actions may become 
effective less than 30 days after publication if the rule ``grants or 
recognizes an exemption or relieves a restriction,'' and section 
553(d)(3), which allows an effective date less than 30 days after 
publication ``as otherwise provided by the agency for good cause found 
and published with the rule.'' The purpose of the 30-day waiting period 
prescribed in section 553(d) is to give affected parties a reasonable 
time to adjust their behavior and prepare before the final rule takes 
effect. This rule, however, does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. Rather, this rule relieves the State of 
planning requirements for this ozone nonattainment area. For these 
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these 
actions to become effective on the date of publication of these 
actions.

IV. 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 that 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 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 10, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

[[Page 35379]]

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: May 12, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.

    Title 40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. Section 52.2585 is amended by adding paragraph (jj) to read as 
follows:


Sec.  52.2585   Control strategy: Ozone.

* * * * *
    (jj) Redesignation. Approval--On January 27, 2020, Wisconsin 
submitted a request to redesignate the Newport State Park area in Door 
County to attainment of the 2015 8-hour ozone standard. As part of the 
redesignation request, the State submitted a maintenance plan as 
required by section 175A of the Clean Air Act. Elements of the section 
175 maintenance plan include a contingency plan and an obligation to 
submit a subsequent maintenance plan revision in eight years as 
required by the CAA. The ozone maintenance plan also establishes 2023 
and 2030 Motor Vehicle Emission Budgets (MVEBs) for the area. The 2023 
MVEBs for the area are 0.00027 tpd for VOC and 0.00032 tpd for 
NOX. The 2030 MVEBs for the area are 0.00019 tpd for VOC and 
0.00016 tpd for NOX.

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

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

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


0
4. Section 81.350 is amended by revising the entry for ``Door County, 
WI'' in the table entitled ``Wisconsin-2015 8-Hour Ozone NAAQS [Primary 
and Secondary]'' to read as follows:


Sec.  81.350   Wisconsin.

* * * * *

                                       Wisconsin--2015 8-Hour Ozone NAAQS
                                             [Primary and secondary]
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                                                 Designation                           Classification
        Designated area \1\        -----------------------------------------------------------------------------
                                       Date \2\              Type             Date \2\              Type
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                                                  * * * * * * *
Door County, WI...................       6/10/2020  Attainment...........  ..............  Marginal (Rural
                                                                                            Transport).
Door County (part):
    Newport State Park Boundary...
 
                                                  * * * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.

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[FR Doc. 2020-10569 Filed 6-9-20; 8:45 am]
 BILLING CODE 6560-50-P