[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Proposed Rules]
[Pages 69207-69210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26468]



40 CFR Part 52

[EPA-R05-OAR-2020-0698; FRL-9215-01-R5]

Air Plan Approval; Wisconsin; Serious Plan Elements for the 
Wisconsin Portion of Chicago Nonattainment Area for the 2008 Ozone 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.


SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Wisconsin State Implementation Plan (SIP) to 
meet the volatile organic compound (VOC) and nitrogen oxides 
(NOX) reasonably available control technology (RACT), clean-
fuel vehicle programs (CFVP), and the enhanced monitoring of ozone and 
ozone precursors (EMP) requirements of the Clean Air Act (CAA) in the 
Wisconsin portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin 
nonattainment area (Chicago area) for the 2008 ozone National Ambient 
Air Quality Standards (NAAQS or standards). EPA is proposing to approve 
this SIP revision pursuant to section 110 and part D of the 
requirements of the CAA and EPA's regulations, because it satisfies the 
above requirements for an area which is classified as serious 
nonattainment for the 2008 ozone NAAQS. Other serious elements will be 
addressed in a separate action.

DATES: Comments must be received on or before January 6, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0698 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://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]. 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-

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 the background for this action?

A. Background on the 2008 Ozone Standard

    On March 27, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm) (73 FR 16436). Promulgation of a revised 
NAAQS triggers a requirement for EPA to designate areas of the country 
as nonattainment, attainment, or unclassifiable for the standard. For 
the ozone NAAQS, this also involves classifying any nonattainment areas 
at the time of designation. Ozone nonattainment areas are classified 
based on the severity of their ozone levels (as determined based on the 
area's ``design value,'' which represents air quality in the area for 
the most recent 3 years). The classifications for ozone nonattainment 
areas are marginal, moderate, serious, severe, and extreme.
    Areas that EPA designates nonattainment for the ozone NAAQS are 
subject to certain requirements, including the general nonattainment 
area planning requirements of CAA section 172 and the ozone-specific 
nonattainment planning requirements of CAA section 182. Ozone 
nonattainment areas in the lower classification levels have fewer and/
or less stringent mandatory air quality planning and control 
requirements than those in higher classifications. For marginal areas, 
CAA section 182(a) details that a state is required to submit a 
baseline emissions inventory, adopt provisions into the SIP requiring 
emissions statements from stationary sources in the area, and implement 
a nonattainment new source review (NSR) program for the relevant ozone 
NAAQS. For moderate areas, the SIP requirements are found in CAA 
section 182(b), a state needs to comply with the marginal area 
requirements, plus additional moderate area requirements, including the 
requirement to submit a modeled demonstration that the area will attain 
the NAAQS as expeditiously as practicable but no later than 6 years 
after designation, the requirement to submit an Reasonable Further 
Progress (RFP) plan, the requirement to adopt and implement certain 
emissions controls, such as RACT and Inspection and Maintenance (I/M), 
and the requirement for greater emissions offsets for new or modified 
major stationary sources under the state's nonattainment NSR program. 
For serious nonattainment areas, the SIP requirements are found in CAA 

[[Page 69208]]

182(c) and include: an attainment demonstration, RACT for VOC and 
NOX, Reasonably Available Control Measures, RFP reductions 
in VOC and/or NOX emissions in the area, contingency 
measures to be implemented in the event of failure to attain the 
standard, enhanced I/M program, an EMP, a CFVP, a transportation 
control demonstration, and changes to permitting programs for serious 

B. Background on the Chicago 2008 Ozone Nonattainment Area

    On June 11, 2012 (77 FR 34221), EPA designated the Chicago area as 
a marginal nonattainment area for the 2008 ozone NAAQS. The Chicago 
area includes Cook, DuPage, Kane, Lake, McHenry, and Will Counties and 
part of Grundy and Kendall Counties in Illinois; Lake and Porter 
Counties in Indiana; and the eastern portion of Kenosha County in 
Wisconsin. On May 4, 2016 (81 FR 26697), pursuant to section 181(b)(2) 
of the CAA, EPA determined that the Chicago area failed to attain the 
2008 ozone NAAQS by the July 20, 2015 marginal area attainment deadline 
and thus reclassified the area from marginal to moderate nonattainment. 
On August 23, 2019, EPA again reclassified the Chicago nonattainment 
area from moderate to serious nonattainment status, effective September 
23, 2019 (84 FR 44238). This reclassification was based on 2015-2017 
monitoring data.

II. EPA's Evaluation of Wisconsin's SIP Submission

    Wisconsin submitted a SIP revision on December 1, 2020, to address 
the serious nonattainment area requirements for the Wisconsin portion 
of the Chicago area for the 2008 ozone NAAQS. The submission contained 
several nonattainment plan elements, including a VOC and NOX 
RACT plan, the CFVP, and the EMP. The submission also included an 
attainment demonstration, RFP, RFP contingency measures, enhanced I/M, 
transportation conformity motor vehicle emissions budgets, and a 
transportation control demonstration which will be addressed in a 
separate action(s).

A. VOC RACT in the Wisconsin Portion of the Chicago Area for the 2008 

    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 emissions sources and for all sources covered by a 
Control Techniques Guideline (CTG). The major source threshold for 
serious nonattainment ozone areas is a potential to emit (PTE) 50 tons 
per year (TPY). 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 of the nonattainment area when it developed 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 for its current submittal. Wisconsin's December 1, 2020 
submittal describes the VOC RACT program for the Wisconsin portion of 
the Chicago area for the 2008 ozone NAAQS. Wisconsin has implemented a 
VOC RACT program for the Wisconsin portion 2008 ozone nonattainment 
area through: (1) Implementation of CTG-recommended control measures 
through state administrative rules and an administrative order, (2) 
Negative declarations certifying that no sources exist in the 
nonattainment area that are subject to the CTGs whose control measures 
have not been codified in state administrative rules or enforced 
through an administrative order, and (3) A negative declaration 
certifying that no non-CTG major source of VOCs exists in the 
nonattainment area.
    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 Wisconsin portion 
of the Chicago area. Wisconsin's analysis determined that there are no 
facilities for these 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 TPY. The State found 
the remaining facility, Insinkerator (Facility Identification 
230167630), to have CTG-applicable emissions of 3.1 TPY in 2017, which 
is above the CTG threshold. Insinkerator entered into an Administrative 
Order (AM-20-01) with Wisconsin that established 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. EPA approved these components of the VOC RACT 
program as satisfying moderate area VOC RACT requirements on September 
16, 2020 (85 FR 57729).
    Wisconsin certified that the Wisconsin portion of the Chicago 
area's VOC RACT program also satisfies serious area VOC RACT 
requirements. The approved non-CTG major source negative declaration 
certifies that there are no sources within the Wisconsin portion of the 
Chicago area for the 2008 ozone NAAQS that produce non-CTG VOC 
emissions with a PTE of greater than 50 TPY, the serious nonattainment 
area major source threshold. Wisconsin has verified with recent 
emissions data that there continues to be no source within the 
Wisconsin portion of the Chicago area that meets the non-CTG major 
source threshold or the applicability criteria for CTGs not

[[Page 69209]]

incorporated into the State's administrative code.
    Therefore, EPA is proposing to find that Wisconsin submittal has 
met VOC RACT requirements for its portion of the Chicago area for the 
serious 2008 ozone NAAQS.

B. NOX RACT in the Wisconsin Portion of the Chicago Area for the 2008 

    Section 182(f) of the CAA requires RACT level controls for major 
stationary sources of NOX located in moderate ozone (and 
higher) nonattainment areas. EPA approved Wisconsin's NOX 
RACT program into the SIP on October 19, 2010 (44 FR 53762), for 
purposes of the 1997 ozone NAAQS. Wisconsin's NOX RACT 
requirements are codified at NR 428.20 to 428.26 of the Wisconsin 
Administrative Code and were established to fulfill the moderate 
nonattainment requirements for the 1997 ozone NAAQS and to apply to the 
facilities with a PTE of NOX greater than 100 TPY. 
Wisconsin's RACT rules are applicable to major stationary sources of 
NOX located in Wisconsin's moderate ozone nonattainment 
areas, including Kenosha County. With the reclassification from 
moderate to serious nonattainment for the 2008 ozone NAAQS, the major 
source threshold has decreased from 100 TPY to 50 TPY. Currently there 
are no facilities located in the Wisconsin portion of the Chicago area 
2008 ozone nonattainment area with PTE of NOX exceeding 50 
TPY. Therefore, no additional facility in this area has become subject 
to NOX RACT due to the reclassification of the area from 
moderate to serious nonattainment.
    The 2008 ozone implementation rule provides that states can show 
that existing NOX RACT programs fulfill requirements for the 
2008 ozone NAAQS. In 2017, the Wisconsin Department of Natural 
Resources (WDNR) submitted the analysis of the current NOX 
RACT program to demonstrate compliance with the implementation rule for 
the 2008 ozone NAAQS. The analysis showed that there is no incremental 
difference in control technologies between the existing NOX 
RACT program and the updated assessment for the facilities operating in 
2008. On February 13, 2019, EPA approved WDNR's NOX RACT 
program for compliance with the 2008 ozone NAAQS for moderate 
nonattainment areas (84 FR 3701). Since the assessment was required for 
conditions in 2008 and is not dependent on the nonattainment 
classification level, an updated NOX RACT control technology 
assessment is not required for this SIP revision. Thus, based on 
equivalency in major source applicability and RACT control technology, 
the WDNR concludes that Wisconsin's current NOX RACT program 
under state statute NR 428.20 to 428.26 fulfills RACT requirements for 
serious nonattainment for the 2008 ozone NAAQS. Therefore, EPA is 
proposing to find that Wisconsin has met the NOX RACT for 
its portion of the Chicago area for the 2008 ozone NAAQS.

C. Clean Fuels Vehicles Program (CFVP)

    CAA section 182(c)(4) requires states with ozone nonattainment 
areas classified as serious or higher to submit a SIP revision 
describing implementation of a CFVP, as described in CAA title II part 
C (40 CFR 88). EPA approved Wisconsin's CFVP on March 11, 1996 (61 FR 
9641). EPA issued a memorandum on July 21, 2005, that found that then-
current emission standards for vehicles (regulated under 40 CFR 86) 
were as or more stringent than the emission standards specified in 40 
CFR 88 for the CFVP. Additionally, EPA issued a memorandum on April 17, 
2006, noting that after the CFVP requirement became law, EPA 
promulgated new vehicle emission standards (e.g., Tier 2 Rule and 
heavy-duty engine standards) that are generally more stringent, or 
equivalent to, the CFV emission standards for light-duty vehicles, 
light-duty trucks, and heavy-duty vehicles and engines. The memorandum 
also stated that ``[t]o meet the requirements of the Clean Fuel Fleet 
Program fleet managers can be assured that vehicles and engines 
certified to current Part 86 emission standards, which EPA has 
determined to be as or more stringent than corresponding CFV emission 
standards per the attached EPA Dear Manufacturer Letter meet the CFV 
emission standards and the CFFP requirements as defined in CFR part 
88.'' We expected emission benefits of Tier 2 and heavy-duty engine 
standards over LEV standards. For example, Tier 2 NOX 
standards have a benefit over LEV ranging from 0.09 grams/mile to 0.99 
grams/mile on a per vehicle basis. With regard to the heavy-duty engine 
standards, there is a benefit of 1.4 grams/brake-horsepower per hour 
for the combination of non-methane hydrocarbons and NOX on a 
per vehicle basis. Further reductions from these same vehicles will be 
achieved by EPA's newly promulgated Tier 3 emission standards.
    Since vehicle emission standards have only become more stringent 
since the memo was issued in 2005, the CAA section 182(c)(4) CFVP 
requirement remains satisfied without the need for further action by 
the State.

D. Enhanced Monitoring Plan (EMP)

    Section 182(c)(1) of the CAA requires states with nonattainment 
areas classified serious or higher to adopt and implement a program to 
improve air monitoring for ambient concentrations of ozone, 
NOX and VOC. EPA initiated the Photochemical Assessment 
Monitoring Stations (PAMS) program in February 1993. The PAMS program 
required the establishment of an enhanced monitoring network in all 
ozone nonattainment areas classified as serious, severe, or extreme. On 
March 18, 1994 (59 FR 6021), EPA approved Wisconsin's SIP revision 
establishing an enhanced monitoring program.
    Since that time, EPA concluded that requiring enhanced monitoring 
for ozone nonattainment areas classified as moderate or above is 
appropriate for the purposes of monitoring ambient air quality and 
better understanding ozone pollution. In EPA's revision to the ozone 
standard on October 1, 2015, EPA relied on the authority provided in 
sections 103(c), 110(a)(2)(B), 114(a) and 301(a)(1) of the CAA to 
expand the PAMS applicability to areas other than those that are 
serious or above ozone nonattainment and substantially to revise the 
PAMS requirements in 40 CFR part 58 appendix D (80 FR 65292). 
Specifically, this rule required states with moderate and above ozone 
nonattainment areas to develop and implement an EMP. These plans should 
detail enhanced ozone and ozone precursor monitoring activities to be 
performed to better understand area-specific ozone issues.
    To meet this requirement, Wisconsin submitted its updated EMP as 
part of the 2018 Wisconsin Air Monitoring Network Plan, which EPA 
approved via a letter dated September 1, 2017. Wisconsin has submitted 
subsequent updates to its EMP with each year's network plan. Measures 
included in Wisconsin's current EMP include: Monitoring of ozone and 
ozone precursors beyond federal requirements, ozone event triggered VOC 
samples for the PAMS suite of compounds, engaging and supporting 
external partners collecting ozone-related data, and analyzing 
monitoring data that had been previously collected. Wisconsin's EMP 
specifically includes several enhanced monitoring efforts within the 
Wisconsin portion of the Chicago area.
    Wisconsin will continue to meet its CAA section 182(c)(1) EMP 
requirements by including its EMP in Wisconsin's Air Monitoring Network 
Plan, which is subject to EPA review

[[Page 69210]]

and approval on an annual basis. Therefore, EPA is proposing to find 
that Wisconsin has met the EMP requirements for its portion of the 
Chicago area for the 2008 ozone NAAQS.

III. What action is EPA proposing?

    EPA is proposing to approve revisions to Wisconsin's SIP pursuant 
to section 110 and part D of the CAA and EPA's regulations, because 
Wisconsin's December 1, 2020 nonattainment plan satisfies the 
requirements for the VOC and NOX RACT, the CFVP, and the 
EMP, in the Wisconsin portion of the Chicago serious nonattainment area 
for the 2008 ozone NAAQS.

IV. 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. 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);
     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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: December 1, 2021.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2021-26468 Filed 12-6-21; 8:45 am]