[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Rules and Regulations]
[Pages 36342-36343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11690]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0699; FRL-10009-87-Region 5]


Air Plan Approval; Wisconsin; Second Maintenance Plans for 1997 
Ozone NAAQS; Door County, Kewaunee County, Manitowoc County and 
Milwaukee-Racine Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Wisconsin State Implementation Plan (SIP). On December 
13, 2019, the Wisconsin Department of Natural Resources (WDNR) 
submitted the State's plans for maintaining the 1997 ozone National 
Ambient Air Quality Standard (NAAQS or standard) in the following 
areas: Kewaunee County, Door County, Manitowoc County, and Milwaukee-
Racine area (Kenosha, Milwaukee, Ozaukee, Racine, Washington and 
Waukesha counties). EPA is approving these maintenance plans because 
they provide for the maintenance of the 1997 ozone NAAQS through the 
end of the second 10-year maintenance period. This action makes certain 
commitments related to maintenance of the 1997 ozone NAAQS in these 
areas federally enforceable as part of the Wisconsin SIP. EPA proposed 
to approve this action on March 24, 2020 and received no adverse 
comments.

DATES: This final rule is effective on July 16, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2019-0699. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays and facility 
closures due to COVID 19. We recommend that you telephone Emily 
Crispell, Environmental Scientist, at (312) 353-8512 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Emily Crispell, Environmental 
Scientist, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8512, [email protected].

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

I. Background Information

    On March 24, 2020, EPA proposed to approve the 1997 ozone NAAQS 
maintenance plans for the Door County, Kewaunee County, Manitowoc 
County, and Milwaukee-Racine areas (85 FR 16590). An explanation of the 
Clean Air Act (CAA) requirements, a detailed analysis of the revisions, 
and EPA's reasons for proposing approval were provided in the proposed 
rulemaking and will not be restated here. The public comment period for 
this proposed rule ended on April 23, 2020. EPA received no comments on 
the proposal.

II. Final Action

    EPA is approving the Kewaunee County, Door County and Manitowoc 
County, and the Milwaukee-Racine area second maintenance plans for the 
1997 Ozone NAAQS, submitted by WDNR on December 13, 2019, as a revision 
to the Wisconsin SIP. These second maintenance plans are designed to 
keep the Kewaunee County area in attainment of the 1997 ozone NAAQS 
through 2028, Door County and Manitowoc County in attainment of the 
1997 ozone NAAQS though 2030, and the Milwaukee-Racine area in 
attainment of the 1997 ozone NAAQS through 2032.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations.

[[Page 36343]]

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, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 17, 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).)

List of Subjects in 40 CFR Part 52

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

    Dated: May 26, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.

    Accordingly, 40 CFR part 52 is 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 (kk) to read as 
follows:


Sec.  52.2585  Control strategy: Ozone.

* * * * *
    (kk) Second maintenance plan. Approval--On December 13, 2019 
Wisconsin submitted 1997 Ozone NAAQS second maintenance plans for the 
Kewaunee County, Door County, Manitowoc County, and Milwaukee-Racine 
areas. These second maintenance plans are designed to keep the Kewaunee 
County area in attainment of the 1997 ozone NAAQS through 2028, Door 
County and Manitowoc County in attainment of the 1997 ozone NAAQS 
though 2030, and the Milwaukee-Racine area in attainment of the 1997 
ozone NAAQS through 2032.

[FR Doc. 2020-11690 Filed 6-15-20; 8:45 am]
BILLING CODE 6560-50-P