[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Proposed Rules]
[Pages 64110-64115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24915]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2021-0540; FRL-9201-01-R5]
Air Plan Approval; Wisconsin; Redesignation of the Rhinelander
Sulfur Dioxide Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
redesignate the Rhinelander nonattainment area, which consists of a
portion of Oneida County (Crescent Township, Newbold Township, Pine
Lake Township, Pelican Township, and the City of Rhinelander), to
attainment for the 2010 primary, health-based 1-hour sulfur dioxide
(SO2) National Ambient Air Quality Standard (NAAQS). EPA is
also proposing to approve Wisconsin's maintenance plan for the
Rhinelander SO2 nonattainment area. Wisconsin submitted the
request for approval of the Rhinelander area's redesignation and
maintenance plan on July 28, 2021. EPA proposed to approve Wisconsin's
attainment plan for the Rhinelander area on July 22, 2021, and EPA will
not finalize this action until the attainment plan is approved.
DATES: Comments must be received on or before December 17, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2021-0540 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the
[[Page 64111]]
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: Abigail Teener, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-7314,
[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: This supplementary information section is
arranged as follows:
I. Background and Redesignation Requirements
II. Determination of Attainment
III. Wisconsin's State Implementation Plan (SIP)
IV. Permanent and Enforceable Emission Reductions
V. Maintenance Plan
VI. Requirements for the Area Under Section 110 and Part D
VII. What action is EPA taking?
VIII. Statutory and Executive Order Reviews
I. Background and Redesignation Requirements
In 2010, EPA established a revised primary, health-based 1-hour
SO2 NAAQS of 75 parts per billion (ppb) (75 FR 35520, June
22, 2010). On August 5, 2013, EPA designated the Rhinelander area as
nonattainment for the 2010 SO2 NAAQS based on air quality
monitoring data for calendar years 2009-2011 (78 FR 47191). The
Rhinelander area is comprised of Crescent Township, Newbold Township,
Pine Lake Township, Pelican Township, and the City of Rhinelander in
Oneida County. Wisconsin submitted an attainment plan for the
Rhinelander area on January 22, 2016, and supplemented it on July 18,
2016, and November 29, 2016. On March 23, 2021, EPA partially approved
and partially disapproved Wisconsin's Rhinelander SO2 plan,
as submitted and supplemented in 2016, for failure to comply with EPA's
stack height regulations (86 FR 15418).\1\ On March 29, 2021, Wisconsin
submitted a permit containing a more stringent emission limit for
Ahlstrom-Munksj[ouml]'s Rhinelander facility (Ahlstrom-Munksj[ouml])
(formerly Expera Specialty Solutions LLC (Expera)), the main
SO2 source in the area, and supplemental information in
order to remedy the plan's deficiencies specified in EPA's March 23,
2021, rulemaking. The plan includes modeling to show that compliance
with emission limits results in attainment of the standard and ongoing
maintenance. EPA proposed to approve Wisconsin's revised plan for
bringing the Rhinelander area into attainment on July 22, 2021 (86 FR
38643), and EPA will not finalize this action until the attainment plan
is approved and effective. On July 28, 2021, Wisconsin submitted a
request to redesignate the Rhinelander area to attainment.
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\1\ For more discussion on stack height, see EPA's November 25,
2020, proposed partial approval and partial disapproval (85 FR
75273).
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Under Clean Air Act (CAA) section 107(d)(3)(E), there are five
criteria which must be met before a nonattainment area may be
redesignated to attainment:
1. EPA has determined that the relevant NAAQS has been attained in
the area.
2. The applicable implementation plan has been fully approved by
EPA under section 110(k).
3. EPA has determined that improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from the
SIP, Federal regulations, and other permanent and enforceable
reductions.
4. EPA has fully approved a maintenance plan, including a
contingency plan, for the area under section 175A of the CAA.
5. The State has met all applicable requirements for the area under
section 110 and part D.
II. Determination of Attainment
The first requirement for redesignation is to demonstrate that the
NAAQS has been attained in the area. As stated in EPA's April 2014
``Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions,'' there are two components needed to support an attainment
determination: A review of representative air quality monitoring data
and a further analysis, generally requiring air quality modeling, to
demonstrate that the entire area is attaining the applicable NAAQS,
based on current actual emissions or the fully implemented control
strategy. Wisconsin has addressed both components.
Under EPA regulations at 40 CFR 50.17, the SO2 NAAQS is
met at an ambient air quality monitoring site when the three-year
average of the annual 99th percentile of one-hour daily maximum
concentrations is less than or equal to 75 ppb, as determined in
accordance with appendix T of 40 CFR part 50 at all relevant monitoring
sites in the subject area. Wisconsin operates one SO2
monitoring site in the Rhinelander area: Rhinelander Tower monitor (AQS
ID 55-085-0996). The Rhinelander Tower monitor site is located at 434
High Street under the Rhinelander municipal water tower. EPA has
reviewed the ambient air monitoring data from the Rhinelander Tower
monitor, focusing on air quality data collected from 2012 through 2020.
For each of these calendar years, the data are quality-assured,
certified, and recorded in EPA's Air Quality System database.\2\
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\2\ The 2020 quarter 4 data did not meet the completeness
criterion due to some invalidated data. However, when data from all
4 quarters of 2020 were evaluated together, the completeness
criterion was met for the 2020 calendar year.
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Tables 1 and 2 of this document show the 99th percentile results
and three-year average design values, respectively, for the Rhinelander
Tower monitor for 2012-2020. The Rhinelander Tower monitor design
values are 69 ppb for 2016-2018, 36 ppb for 2017-2019, and 36 ppb for
2018-2020, which are all below the SO2 NAAQS. Therefore, EPA
finds that Wisconsin has demonstrated that Rhinelander's SO2
monitor shows attainment.
Table 1--Wisconsin's Monitoring Data for the Rhinelander SO2 Nonattainment Area for 2012-2020--99th Percentile Values
[ppb]
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Site ID Location 2012 2013 2014 2015 2016 2017 2018 2019 2020
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55-085-0996.............................. Rhinelander Tower Monitor... 174 153 162 156 129 38 40 29 39
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[[Page 64112]]
Table 2--Wisconsin's Monitoring Data for the Rhinelander SO2 Nonattainment Area for 2012-2019--Design Values
[ppb]
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Site ID Location 2012-2014 2013-2015 2014-2016 2015-2017 2016-2018 2017-2019 2018-2020
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55-085-0996................................ Rhinelander Tower Monitor..... 163 157 149 108 69 36 36
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In addition to ambient air quality monitoring data, Wisconsin
utilized an approach based on computer modeling, which relied on
allowable emissions in Wisconsin's attainment plan to additionally
characterize the attainment status of the SO2 NAAQS and to
provide for maintaining SO2 emissions in the Rhinelander
area below the SO2 NAAQS through 2032. EPA proposed to
approve this modeling on July 22, 2021, as part of Wisconsin's
attainment plan, and EPA will not finalize this action until
Wisconsin's attainment plan is approved and effective.
Regarding the requirement for Wisconsin to demonstrate that the
entire area is attaining the SO2 NAAQS, Wisconsin also
referred to the dispersion modeling analysis which was submitted as
part of its attainment plan for Rhinelander. This analysis demonstrated
that revised SO2 emission limits for Ahlstrom-Munksj[ouml]
would provide for attainment, as Ahlstrom-Munksj[ouml] accounts for
over 94 percent of the modeled SO2 concentration in the
Rhinelander area. Wisconsin has confirmed that Ahlstrom-Munksj[ouml]
and the other facilities included in the modeling analysis are
currently in full compliance with their emission limits. Beginning
December 31, 2021, Ahlstrom-Munksj[ouml] will be subject to a more
stringent emission limit, which will ensure that actual emissions are
at or below the levels Wisconsin used in its modeling analysis. The
modeling analysis was discussed in detail in the July 22, 2021, notice
of proposed rulemaking for the Rhinelander SO2 attainment
plan (86 FR 38643). In this action, EPA proposes to find that this
modeling analysis and the monitored air quality data demonstrate that
the Rhinelander area has attained the 2010 SO2 NAAQS.
III. Wisconsin's State Implementation Plan (SIP)
EPA's proposed approval of Wisconsin's attainment SIP for the
Rhinelander area (86 FR 38643) included revised emission limits for
Ahlstrom-Munksj[ouml], which is the main SO2 source in the
Rhinelander area. In that action, EPA proposed to find that Wisconsin
had satisfied requirements for providing for attainment of the 1-hour
SO2 NAAQS in the Rhinelander area. The proposed
SO2 SIP regulations for Ahlstrom-Munksj[ouml] are contained
in Air Pollution Control Construction Permit Revision 15-DMM-128-R1.\3\
EPA will not finalize this action until the approval of Wisconsin's SIP
for the Rhinelander area is finalized. Wisconsin has shown that it
maintains an active enforcement program to ensure ongoing compliance
with these requirements.\4\ Wisconsin's new source review/prevention of
significant deterioration program will address emissions from potential
new sources in the area (79 FR 60064, October 6, 2014).
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\3\ The portions of Air Pollution Control Construction Permit
Revision 15-DMM-128-R1 that EPA proposed to incorporate into the
Wisconsin SIP include the permit cover sheet, emissions limitations
for Ahlstrom-Munksj[ouml] (Conditions A.3.a.(1)-(3)), compliance
demonstration (Conditions A.3.b.(1)-(3)), reference test methods,
recordkeeping and monitoring requirements (Conditions A.3.c.(1)-(5)
and A.3.c.(7)-(9)), and the effective date (Condition YYY.1.a.(1)).
\4\ Wisconsin Department of Natural Resources (WDNR) maintains
an enforcement program to ensure compliance with SIP requirements.
The Bureau of Air Management houses an active statewide compliance
and enforcement team that works in all geographic regions of the
State. WDNR refers actions as necessary to the Wisconsin Department
of Justice with the involvement of WDNR. Wis. Stats. 285.83 and Wis.
Stats. 285.87 provide WDNR with the authority to enforce violations
and assess penalties, to ensure that required measures are
ultimately implemented.
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IV. Permanent and Enforceable Emission Reductions
For an area to be redesignated, the State must be able to
reasonably attribute the improvement in air quality to emission
reductions that are permanent and enforceable. Wisconsin's 2016
attainment plan established SO2 emission limits for
Ahlstrom-Munksj[ouml] boiler B26 through Administrative Order AM-15-01.
In 2018, these emission limits, in combination with the retirement of
four coal boilers and reduced coal sulfur content at Ahlstrom-
Munksj[ouml], resulted in an actual average decrease of 2.07 tons per
day (tpd) of SO2 (25 percent) from 2011 actual emissions. As
part of its 2021 revised attainment plan, Wisconsin submitted a more
stringent SO2 limit for Ahlstrom-Munksj[ouml]. This limit
and the associated requirements are contained in a title I construction
permit revision (Air Pollution Control Construction Permit Revision 15-
DMM-128-R1), which will render them federally enforceable after the
permit compliance date of December 31, 2021. EPA included the revised
limits in the proposed approval of Wisconsin's SIP on July 22, 2021 (86
FR 38643). A redesignation to attainment of the Rhinelander area would
not be effective before December 31, 2021, when the permit is
enforceable.
As shown in Table 2 of this document, the monitored design values
in the Rhinelander area at the time of its nonattainment designation
were above the NAAQS of 75 ppb. Subsequent monitoring data in the
Rhinelander area indicate that the 99th percentile ambient
SO2 levels dropped below the NAAQS after the imposition of
enforceable limits at Ahlstrom-Munksj[ouml]. EPA proposes to find that
the improvement in air quality in the Rhinelander area can be
attributed to permanent and enforceable emission reductions at
Ahlstrom-Munksj[ouml].
V. Maintenance Plan
CAA section 175A sets forth the elements of a maintenance plan for
areas seeking redesignation from nonattainment to attainment. Under
section 175A, the plan must demonstrate continued attainment of the
applicable NAAQS for at least ten years after the nonattainment area is
redesignated to attainment. Eight years after the redesignation, the
State must submit a revised maintenance plan demonstrating that
attainment will continue to be maintained for the ten years following
the initial ten-year 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 any future one-hour
violations.
Specifically, the maintenance plan should address five
requirements: The attainment emissions inventory, maintenance
demonstration, monitoring, verification of continued attainment, and a
contingency plan. Wisconsin's July 28, 2021, redesignation request
contains its maintenance plan,
[[Page 64113]]
which Wisconsin has committed to review eight years after
redesignation.
In its redesignation request, Wisconsin provided an emission
inventory which addresses the 2011 base year actual emissions of 2,440
tons per year (tpy) for the Rhinelander area. Wisconsin chose 2018 as
an attainment year in order to demonstrate actual emissions reductions
that have occurred in an attaining year. Total actual SO2
emissions in the Rhinelander area for the attainment year were 1,289
tpy. As Ahlstrom-Munksj[ouml] boiler B26 was not operational for part
of 2018, Wisconsin also included average daily emission values of 8.23
tpd in 2011 and 6.15 tpd in 2018. Wisconsin demonstrated a 25 percent
reduction in actual average daily emissions, which is more than
sufficient to attain the SO2 NAAQS in the Rhinelander area.
Wisconsin's projected Rhinelander area emissions for the maintenance
year of 2032 are 2,204 tpy, over 99 percent of which are projected from
Ahlstrom-Munksj[ouml]. This quantity is 10 percent lower than actual
emissions in 2011. The projected emissions for 2032 are lower than the
SO2 potential-to-emit for Ahlstrom-Munksj[ouml] of 2,710
tpy, based on the revised limits in Air Pollution Control Construction
Permit Revision 15-DMM-128-R1. The modeling analysis shows that the
area will continue to attain based on the potential-to-emit in the
revised permit and associated control requirements.
Wisconsin's maintenance demonstration consists of the nonattainment
SIP air quality analysis showing that the emission reductions now in
effect in the Rhinelander area will provide for attainment of the
SO2 NAAQS. The permanent and enforceable SO2
emission reductions described above ensure that area emissions will be
equal to or less than the emission levels that were evaluated in the
air quality analysis, and Wisconsin's enforceable emission requirements
will ensure that the Rhinelander area SO2 emission limits
are met continuously.
For continuing verification, Wisconsin has committed to track the
emissions and compliance status of the major facilities in the
Rhinelander area so that future emissions will not exceed the allowable
emissions-based attainment inventory. All major sources in Wisconsin
are required to submit annual emissions data, which the State uses to
update its emission inventories as required by the CAA.
The requirement to submit contingency measures in accordance with
section 172(c)(9) of the CAA can be adequately addressed for
SO2 by the operation of a comprehensive enforcement program,
which can quickly identify and address sources that might be causing
exceedances of the NAAQS. Wisconsin's enforcement program is active and
capable of prompt action to remedy compliance issues. Wisconsin commits
to study SO2 emission trends and identify areas of concern
and potential additional measures and, if necessary, Wisconsin will
consider additional control measures that can be implemented quickly.
Wisconsin has the authority to expeditiously adopt, implement, and
enforce any subsequent emissions control measures deemed necessary to
correct any future SO2 violations. Wisconsin commits to
adopting and implementing such corrective actions as necessary to
address violations of the SO2 NAAQS. The public will have
the opportunity to participate in the contingency measure
implementation process. Based on the foregoing, EPA proposes to find
that Wisconsin has addressed the contingency measure requirement.
Further, EPA proposes to find that Wisconsin's maintenance plan
adequately addresses the five basic components necessary to maintain
the SO2 NAAQS in the Rhinelander nonattainment area.
VI. Requirements for the Area Under Section 110 and Part D
Wisconsin has submitted information demonstrating that it meets all
of the SIP requirements of the CAA for the Rhinelander nonattainment
area. EPA approved most elements of Wisconsin's infrastructure SIP on
September 11, 2015 (80 FR 54725), revisions to Prevention of
Significant Deterioration and Nonattainment New Source Review programs
on October 6, 2014 (79 FR 60064), state board requirements on January
21, 2016 (81 FR 3334), and the remaining components on February 7, 2017
(82 FR 9515). These infrastructure SIP approvals confirm that
Wisconsin's SIP meets the applicable requirements of CAA section
110(a)(1) and 110(a)(2) to contain the basic program elements, such as
an active enforcement program and permitting program.
Section 110(a)(2)(D) requires that SIPs contain certain 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 the interstate
transport of air pollutants. The section 110(a)(2)(D) requirements for
a State are not linked with a nonattainment area's designation and
classification in that State. EPA believes that the requirements linked
with a nonattainment area's designation and classifications are the
relevant measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a State regardless of the designation of any one area in the
State. Thus, EPA does not believe that the CAA's interstate transport
requirements should be construed to be applicable requirements for
purposes of redesignation.
In addition, EPA believes that other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's SO2 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 2010 SO2 NAAQS. The section 110 and part D
requirements that are 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.\5\
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\5\ 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 rule, 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).
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Section 191 of the CAA requires Wisconsin to submit a part D SIP
for the Rhinelander nonattainment area by April 6, 2015. Wisconsin
submitted its part D SIP on January 22, 2016 and supplemented it on
July 18, 2016 and November 29, 2016. However, on March 23, 2021, EPA
partially disapproved Wisconsin's part D SIP, as submitted and
supplemented in 2016, for failure to comply with EPA's stack height
regulations. Consequently, Wisconsin submitted a revised plan to EPA on
March 29, 2021. The revised SIP included a demonstration of attainment
and a more stringent SO2 emission limit for Ahlstrom-
Munksj[ouml]. EPA proposed to approve the revised Rhinelander
attainment plan on July 22, 2021 (86 FR 38643), and EPA will not
finalize this action until the attainment plan is approved and
effective. In the July 22, 2021, rulemaking, EPA proposed to conclude
that Wisconsin had satisfied the various requirements under CAA section
110 and part D for the Rhinelander SO2 nonattainment area.
EPA concluded that Wisconsin satisfied requirements for reasonably
available
[[Page 64114]]
control measures (required under section 173(c)(1)) and reasonable
further progress (required under section 173(c)(2)). That rulemaking
supplemented a previous action in which EPA concluded that Wisconsin
satisfied requirements for an attainment inventory of the
SO2 emissions from sources in the nonattainment area
(required under section 173(c)(3)).
Wisconsin chose 2011 for its base year emissions inventory, as
comprehensive emissions data were available and updated that year,
which satisfies the 172(c)(3) requirements. In that year, Ahlstrom-
Munksj[ouml] was the main source in the nonattainment area.
Table 3 of this document compares Wisconsin's SO2
emissions data for Ahlstrom-Munksj[ouml] for 2011 (the base
nonattainment year identified by Wisconsin), 2018 (the attainment year
identified by Wisconsin), and 2032 (the maintenance year identified by
Wisconsin). For each of these years, Wisconsin's submittal shows that
Ahlstrom-Munksj[ouml] accounts for over 99 percent of the
SO2 emissions in the Rhinelander area.
By providing actual emissions from Ahlstrom-Munksj[ouml], the main
SO2 source, from a time period when the area was not meeting
the SO2 NAAQS, and from a time period when the area was
attaining the NAAQS, Wisconsin demonstrates a 25 percent reduction in
actual average daily SO2 emissions. Wisconsin's submittal
shows that actual average daily 2018 Ahlstrom-Munksj[ouml]
SO2 emissions were 75 percent of the actual emissions in
2011. Wisconsin also shows by modeling that Ahlstrom-Munksj[ouml]'s
compliance with its revised SO2 emission limit, which will
be federally enforceable beginning December 31, 2021, will result in
the area maintaining attainment of the SO2 NAAQS.
Table 3--Actual and Projected Ahlstrom-Munksj[ouml] Emissions
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2011 Nonattainment year 2018 Attainment year 2011-2018 Change 2032 Maintenance year
Type of (actual) (actual) (actual) (projected)
Affected source reduction -------------------------------------------------------------------------------------------------------
(tpy) (tpd) (tpy) (tpd) (tpy) (tpd) (tpy) (tpd)
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Ahlstrom-Munksj[ouml]......... Emission limits, 2,422 8.17 * 1,280 6.13 -1,142 -2.04 2,195 6.13
unit shutdowns,
fuel changes.
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* Annual emissions for 2018 are lower than the projected annual maintenance year emissions because Ahlstrom-Munksj[ouml] boiler B26 was not operational
from mid-May to mid-October 2018
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. Based on
EPA's 2014 SO2 guidance, transportation conformity only
applies to SO2 SIPs if transportation-related emissions of
SO2 as a precursor are a significant contributor to a
PM2.5 nonattainment problem, or if the SIP has established
an approved or adequate budget for such emissions as part of the RFP,
attainment or maintenance strategy, neither of which apply to the
Rhinelander area. Nevertheless, EPA approved Wisconsin's transportation
conformity procedures on February 27, 2014 (79 FR 10995). EPA approved
Wisconsin's general conformity procedures on July 29, 1996 (61 FR
39329).
Based on the above, EPA is proposing to find that Wisconsin has
satisfied the applicable requirements for the redesignation of the
Rhinelander nonattainment area under section 110 and part D of title I
of the CAA.
VII. What action is EPA taking?
In accordance with Wisconsin's July 28, 2021, request, EPA is
proposing to redesignate the Rhinelander nonattainment area from
nonattainment to attainment of the 2010 SO2 NAAQS. The
redesignation will not be effective until EPA approves the Wisconsin
attainment plan for the Rhinelander area. EPA finds that Wisconsin has
demonstrated that the area is attaining the 2010 SO2 NAAQS
and that the improvement in air quality is due to permanent and
enforceable SO2 emission reductions in the area. EPA is also
proposing to approve Wisconsin's maintenance plan, which is designed to
ensure that the area will continue to maintain the SO2
NAAQS.
VIII. 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);
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);
[[Page 64115]]
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),
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 SO2 national ambient
air quality standards on tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: November 8, 2021.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
[FR Doc. 2021-24915 Filed 11-16-21; 8:45 am]
BILLING CODE 6560-50-P