[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Proposed Rules]
[Pages 6806-6821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02425]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2021-0885; FRL-9523-01-R5]


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 Wisconsin portion of 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, because the request meets the statutory 
requirements for redesignation under the Clean Air Act (CAA). The 
Wisconsin portion of the Chicago 2008 ozone area consists of the 
portion of Kenosha County bounded by the I-94 corridor and the area 
east to Lake Michigan (Kenosha portion). Wisconsin submitted this 
request on December 3, 2021. 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 2035 in the Chicago area. EPA 
also finds adequate and 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, pursuant to section 110 and part D of the CAA, EPA is 
proposing to approve the enhanced Inspection/Maintenance (I/M) program 
performance modeling analysis included in Wisconsin's December 3, 2021 
submittals, because it satisfies the serious enhanced I/M requirements 
for the Kenosha portion.

DATES: Comments must be received on or before March 9, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2021-0885 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].

[[Page 6807]]


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. Enhanced I/M in the Kenosha Portion
VII. Proposed Actions
VIII. 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 Wisconsin portion of the Chicago nonattainment 
area is attaining the 2008 ozone NAAQS, based on quality-assured and 
certified monitoring data for 2019-2021 for the entire Chicago area, 
and that the Kenosha portion has 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 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 2030 and 2035 MVEBs for the Kenosha portion. Finally, EPA 
is proposing to approve the enhanced I/M program performance modeling 
analysis included in Wisconsin's December 3, 2021 submittals, because 
it satisfies the serious enhanced I/M requirements 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 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

[[Page 6808]]

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 2019-2021 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             ---------------------------------------------------------------------------
                                                                                     2019               2020               2021            2019-2021
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                                                                        Wisconsin
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55-059-0019.................................  Kenosha.......................              0.067              0.078              0.079              0.074
55-059-0025.................................  Kenosha.......................              0.066              0.078              0.072              0.072
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                                                                        Illinois
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17-031-0001.................................  Cook..........................              0.070              0.076              0.068              0.071
17-031-0032.................................  Cook..........................              0.070              0.077              0.077              0.075
17-031-0076.................................  Cook..........................              0.065              0.068              0.070              0.067
17-031-1003.................................  Cook..........................              0.069              0.077              0.068              0.071
17-031-1601.................................  Cook..........................              0.068              0.078              0.072              0.072
17-031-3103.................................  Cook..........................              0.064              0.068              0.067              0.064
17-031-4002.................................  Cook..........................              0.064              0.079              0.067              0.070
17-031-4007.................................  Cook..........................              0.066              0.072              0.069              0.069
17-031-4201.................................  Cook..........................              0.069              0.079              0.075              0.074
17-031-7002.................................  Cook..........................              0.069              0.074              0.078              0.073
17-043-6001.................................  DuPage........................              0.062              0.073              0.069              0.070
17-089-0005.................................  Kane..........................              0.071              0.073              0.068              0.070
17-097-1007.................................  Lake..........................              0.065              0.076              0.077              0.073
17-111-0001.................................  McHenry.......................              0.068              0.076              0.069              0.071
17-197-1011.................................  Will..........................              0.060              0.067              0.065              0.064
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                                                                         Indiana
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18-089-0022.................................  Lake..........................              0.065              0.074              0.070              0.069
18-089-2008.................................  Lake..........................              0.065              0.071              0.068              0.068
18-127-0024.................................  Porter........................              0.068              0.076              0.072              0.072
18-127-0026.................................  Porter........................              0.071              0.067              0.066              0.068
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    The Chicago area's 3-year ozone design value for 2019-2021 is 0.075 
ppm,\2\ which meets the 2008 ozone NAAQS. Therefore, in today's action, 
EPA proposes to determine that the Wisconsin portion of 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 Wisconsin 
portion of 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 
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 enhanced I/M requirements of section 182(c)(3) 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 enhanced I/M performance modeling analysis as meeting the 
serious I/M requirements of section 182(c)(3) 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

[[Page 6809]]

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 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, 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

[[Page 6810]]

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 RFP 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 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.
---------------------------------------------------------------------------

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

[[Page 6811]]

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 an 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 December 1, 2020. 
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. EPA approved Wisconsin's VOC RACT 
program for the Kenosha portion for the 2008 ozone NAAQS on September 
16, 2020 (85 FR 57729).
    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 proposed approval of Wisconsin's 
certification that its current NOX RACT SIP meets the 
serious NOX RACT requirements for the Kenosha portion for 
the 2008 ozone NAAQS on December 7, 2022 (86 FR 69207). The public 
comment period for this proposed rule ended on January 6, 2022. EPA 
received no comments on the proposal. EPA will not finalize this 
redesignation until we've approved the NOX RACT program.
    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 (EMP). EPA proposed 
approval of Wisconsin's certification that its current EMP meets the 
serious requirements for the Kenosha portion for the 2008 ozone NAAQS 
on December 7, 2022 (86 FR 69207). The public comment period for this 
proposed rule ended on January 6, 2022. EPA received no comments on the 
proposal. EPA will not finalize this redesignation until it has 
approved the EMP program.
    CAA section 182(c)(3) requires states with ozone nonattainment 
areas classified as serious or higher to adopt and implement a program 
for an enhanced I/M program. Wisconsin submitted an enhanced I/M 
performance modeling analysis on December 3, 2021. For the reasons 
discussed in section VI., below, EPA is proposing to approve the 
performance modeling analysis submitted by Wisconsin as meeting the 
section 182(c)(3) serious enhanced I/M requirements for the Kenosha 
portion under the 2008 ozone NAAQS.
    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 Clean Fuel Vehicle Program (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, which 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. EPA proposed approval of 
Wisconsin's certification that its current CFVP meets the serious CFVP 
requirements for the Kenosha portion for the 2008 ozone NAAQS on 
December 7, 2022 (86 FR 69207). The public comment period for this 
proposed rule ended on January 6, 2021. EPA received no comments on the 
proposal. EPA will not finalize this redesignation until we've approved 
the CFVP program.

[[Page 6812]]

    The remaining Section 182(c) requirements for areas classified as 
serious include: An attainment demonstration, RFP, RFP contingency 
measures, transportation conformity motor vehicle emissions budgets, 
and a transportation control demonstration. These elements are not 
needed to redesignate the Kenosha portion because the area has attained 
of the 2008 ozone NAAQS. This rationale is outlined in 40 CFR 51.918, 
the general preamble, and the 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.'') EPA believes that it 
is reasonable to interpret these provisions so as not to require areas 
that are meeting the ozone standard to make the SIP submissions to EPA 
described in the provisions as long as the areas continue to meet the 
standard. If such an area were to monitor a violation of the standard 
prior to being redesignated to attainment, however, the area would have 
to address the pertinent requirements and submit the SIP revisions 
described in those provisions to EPA.
    Thus, as discussed above, with approval of Wisconsin's section 
182(c)(3) enhanced I/M 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 ozone NAAQS. As discussed above, if EPA finalizes approval of 
Wisconsin's enhanced I/M performance modeling analysis as meeting the 
requirements of section 182(c)(3) 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 be 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 2019. 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 that 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

[[Page 6813]]

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 estimated that this rule will 
cut NOX and VOC emissions from light-duty vehicles and 
light-duty trucks by 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, as shown in tables 2 and 3 below, 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 
estimated that 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. EPA estimated 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, as shown in tables 2 and 3 below, 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 
applied beginning in 2011 and are expected to result in a 15 to 25 
percent reduction in NOX emissions from these engines. Final 
Tier 3 emission standards applied 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.

[[Page 6814]]

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 2019 as 
the attainment year, which is appropriate because it is one of the 
years in the 2019-2021 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 2019 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 2019 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 inventory are available in the EPA's 2011 NEI, 
version 2 Technical Support Document.
    For the 2019 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 (https://views.cira.colostate.edu/wiki/wiki/10202).
    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 MOVES3.
    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 2019 non-road emissions categories 
were developed using the EPA's MOVES3 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 2019, 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 2019 and 2035 
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 the change in VOC and NOX emissions from 2011 to 
2019 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 2011-2019 (tons/day)
----------------------------------------------------------------------------------------------------------------
                                                                2011
                         Sector                            Nonattainment     2019 Attainment       Emissions
                                                                year               year            reduction
----------------------------------------------------------------------------------------------------------------
                                                    Illinois
----------------------------------------------------------------------------------------------------------------
EGU Point..............................................              67.41              35.23              32.18
Non-EGU................................................              52.57              47.55               5.02
Area...................................................              32.03              34.63               -2.6
On-Road................................................             285.34             134.38             150.96
Non-road...............................................             176.60             121.63              54.97
                                                        --------------------------------------------------------
    Total..............................................             613.96             373.42             240.53
----------------------------------------------------------------------------------------------------------------
                                                     Indiana
----------------------------------------------------------------------------------------------------------------
EGU Point..............................................              24.04               4.29              19.75

[[Page 6815]]

 
Non-EGU................................................              70.77              59.91              10.86
Area...................................................               9.39               0.91               8.48
On-road................................................              24.70              14.91               9.79
Non-road...............................................              15.84              13.43               2.41
                                                        --------------------------------------------------------
    Total..............................................             144.74              93.45              51.29
----------------------------------------------------------------------------------------------------------------
                                                    Wisconsin
----------------------------------------------------------------------------------------------------------------
EGU Point..............................................               8.71               0.00               8.71
Non-EGU................................................               0.09               0.08               0.01
Area...................................................               1.20               1.12               0.08
On-Road................................................               4.82               1.81               3.01
Non-road...............................................               2.25               1.64               0.61
                                                        --------------------------------------------------------
    Total..............................................              17.07               4.65              12.42
----------------------------------------------------------------------------------------------------------------
                                  Chicago-Naperville, IL-IN-WI 2008 Ozone Area
----------------------------------------------------------------------------------------------------------------
Illinois...............................................             613.96             373.42             240.53
Indiana................................................             144.74              93.45              51.29
Wisconsin..............................................              17.07               4.65              12.42
                                                        --------------------------------------------------------
    Total..............................................             775.77             471.52             304.24
----------------------------------------------------------------------------------------------------------------


  Table 3--Emissions Reduction of VOC Emissions for the Illinois, Indiana and Wisconsin Portions of the Chicago
                                     Nonattainment Area 2011-2019 (tons/day)
----------------------------------------------------------------------------------------------------------------
                                                                                                   Emissions
                         Sector                                 2011               2019            reduction
----------------------------------------------------------------------------------------------------------------
                                                    Illinois
----------------------------------------------------------------------------------------------------------------
EGU Point..............................................               0.62               0.97              -0.35
Non-EGU................................................              47.63              45.35               2.28
Area...................................................             215.15             232.00             -16.85
On-Road................................................              72.43              66.45               5.98
Non-road...............................................             101.83              67.67              34.16
                                                        --------------------------------------------------------
    Total..............................................             437.66             412.44              25.22
----------------------------------------------------------------------------------------------------------------
                                                     Indiana
----------------------------------------------------------------------------------------------------------------
EGU Point..............................................               0.54               0.47               0.07
Non-EGU................................................              17.22              10.83               6.39
Area...................................................              18.26              17.00               1.26
On-road................................................               9.58               6.80               2.78
Non-road...............................................              21.43               5.53              15.90
                                                        --------------------------------------------------------
    Total..............................................              67.03              40.63              26.40
----------------------------------------------------------------------------------------------------------------
                                                    Wisconsin
----------------------------------------------------------------------------------------------------------------
EGU Point..............................................               0.38               0.00               0.38
Non-EGU................................................               0.24               0.19               0.05
Area...................................................               4.10               3.58               0.52
On-Road................................................               1.90               0.89               1.01
Non-road...............................................               1.14               0.70               0.44
                                                        --------------------------------------------------------
    Total..............................................               7.76               5.36               2.40
----------------------------------------------------------------------------------------------------------------
                                  Chicago-Naperville, IL-IN-WI 2008 Ozone Area
----------------------------------------------------------------------------------------------------------------
Illinois...............................................             437.66             412.44              25.22
Indiana................................................              67.03              40.63              26.40
Wisconsin..............................................               7.76               5.36               2.40
                                                        --------------------------------------------------------
    Total..............................................             512.45             458.43              54.02
----------------------------------------------------------------------------------------------------------------


[[Page 6816]]

    As shown in Tables 2 and 3, NOX and VOC emissions in the 
Kenosha portion declined by 12.42 tons/day and 2.40 tons/day, 
respectively, between 2011 and 2017. NOX and VOC emissions 
throughout the entire Chicago area declined by 304.24 tons/day and 
54.02 tons/day, respectively, between 2011 and 2019.
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 2021.
    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 2000-2021 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 2021 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 2021. 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 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 Wisconsin portion of the Chicago 
area has attained the 2008 ozone NAAQS based on monitoring data for the 
period of 2019-2021. Wisconsin selected 2019 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 2030 and 
2035 to demonstrate maintenance. 2035 is more than 10 years after the 
expected effective date of the redesignation to attainment and 2030 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 2019 attainment year emissions 
inventory. Wisconsin's 2030 and 2035 area source emissions were 
estimated primarily by extrapolating EPA's 2023 and 2028 modeling 
inventories.
    The methodology for the 2030 and 2035 projected non-road emissions 
categories were developed using the EPA's MOVES3 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

[[Page 6817]]

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 MOVES3 model 
was run for Kenosha County at summer day temperatures, assuming the 
model's default growth projections.
    For the three MAR categories, the 2030 and 2035 emissions were 
calculated by extrapolating from the 2023 and 2028 values from EPA's 
2016 Emissions Modeling Platform, Version 1. To avoid underestimating 
projected emissions, if the extrapolated emissions for 2030 or 2035 
were less than those for 2028, the 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 
MOVES3 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 2030 and 2035 (tons/day)
----------------------------------------------------------------------------------------------------------------
                                                                                                   Emissions
               Sector                  2019 Attainment   2030 Interim year   2035 Maintenance   reduction 2019-
                                             year                                  year               2035
----------------------------------------------------------------------------------------------------------------
                                                    Illinois
----------------------------------------------------------------------------------------------------------------
EGU Point...........................              35.23              43.59              40.97              -5.74
Non-EGU.............................              47.55              48.56              49.28              -1.73
Area................................              34.63              34.97              35.04              -0.41
On-Road.............................             134.38              55.94              48.81              85.57
Non-road............................             121.63             106.80             108.27              13.36
                                     ---------------------------------------------------------------------------
    Total...........................             373.42             289.86             282.37              91.05
----------------------------------------------------------------------------------------------------------------
                                                     Indiana
----------------------------------------------------------------------------------------------------------------
EGU Point...........................               4.29               1.44               0.42               3.87
Non-EGU.............................              59.91              60.79              61.51              -1.60
Area................................               0.91               0.88               0.87               0.04
On-road.............................              14.91               6.62               5.51               9.40
Non-road............................              13.43              10.25               8.49               4.94
                                     ---------------------------------------------------------------------------
    Total...........................              93.45              79.98              76.80              16.65
----------------------------------------------------------------------------------------------------------------
                                                    Wisconsin
----------------------------------------------------------------------------------------------------------------
EGU Point...........................               0.00               0.00               0.00               0.00
Non-EGU.............................               0.08               0.12               0.12              -0.04
Area................................               1.12               0.95               0.96               0.16
On-Road.............................               1.81               0.85               0.75               1.06
Non-road............................               1.64               1.21               1.21               0.43
EGU Emission credit.................  .................               7.22               7.22               7.22
                                     ---------------------------------------------------------------------------
    Total...........................               4.65               3.13               3.04               1.61
----------------------------------------------------------------------------------------------------------------
                                  Chicago-Naperville, IL-IN-WI 2008 Ozone Area
----------------------------------------------------------------------------------------------------------------
Illinois............................             373.42             289.86             282.37              91.05
Indiana.............................              93.45              79.98              76.80              16.65
Wisconsin...........................               4.65               3.13               3.04               1.61
                                     ---------------------------------------------------------------------------
    Total...........................             471.52             372.97             362.21             109.31
----------------------------------------------------------------------------------------------------------------


 Table 5--Projected Emissions of VOC Emissions for the Illinois, Indiana, and Wisconsin Portions of the Chicago
                                   Nonattainment Area 2025 and 2030 (tons/day)
----------------------------------------------------------------------------------------------------------------
                                                                                                   Emissions
               Sector                  2019 Attainment   2030 Interim year   2035 Maintenance   reduction 2019-
                                             year                                  year               2035
----------------------------------------------------------------------------------------------------------------
                                                    Illinois
----------------------------------------------------------------------------------------------------------------
EGU Point...........................               0.97               2.52               2.80              -1.83
Non-EGU.............................              45.35              44.71              44.54               0.81
Area................................             232.00             225.11             225.11               6.89
On-Road.............................              66.45              37.42              34.27              32.18
Non-road............................              67.67              66.41              67.37               0.30
                                     ---------------------------------------------------------------------------
    Total...........................             412.44             376.17             374.09              38.35
----------------------------------------------------------------------------------------------------------------

[[Page 6818]]

 
                                                     Indiana
----------------------------------------------------------------------------------------------------------------
EGU Point...........................               0.47               0.56               0.68              -0.21
Non-EGU.............................              10.83              10.84              10.90              -0.07
Area................................              17.00              17.58              17.85              -0.85
On-road.............................               6.80               3.77               2.93               3.87
Non-road............................               5.53               4.80               4.35               1.18
                                     ---------------------------------------------------------------------------
    Total...........................              40.63              37.55              36.71               3.92
----------------------------------------------------------------------------------------------------------------
                                                    Wisconsin
----------------------------------------------------------------------------------------------------------------
EGU Point...........................               0.00               0.00               0.00               0.00
Non-EGU.............................               0.19               0.26               0.26              -0.07
Area................................               3.58               3.49               3.56               0.02
On-Road.............................               0.89               0.54               0.47               0.42
Non-road............................               0.70               0.63               0.62               0.08
EGU Emission credit.................  .................               0.37               0.37               0.37
                                     ---------------------------------------------------------------------------
    Total...........................               5.36               4.92               4.91               0.45
----------------------------------------------------------------------------------------------------------------
                                  Chicago-Naperville, IL-IN-WI 2008 Ozone Area
----------------------------------------------------------------------------------------------------------------
Illinois............................             412.44             376.17             374.09              38.35
Indiana.............................              40.63              37.55              36.71               3.92
Wisconsin...........................               5.36               4.92               4.91               0.45
                                     ---------------------------------------------------------------------------
    Total...........................             458.43             418.64             415.71              42.72
----------------------------------------------------------------------------------------------------------------

    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 2019 
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 1.61 
tons/day and 0.45 tons/day, respectively, between 2019 and 2035. 
NOX and VOC emissions in the entire Chicago area are 
projected to decrease by 109.31 tons/day and 42.72 tons/day, 
respectively, between 2019 and 2035.
3. Continued Air Quality Monitoring
    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

[[Page 6819]]

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 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, after it is established 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 6--MVEBs for the Kenosha 2008 Ozone Maintenance Plan (tons/day)
------------------------------------------------------------------------
                   Pollutant                     2030 MVEB    2035 MVEB
------------------------------------------------------------------------
NOX...........................................         0.85         0.75
VOC...........................................         0.54         0.47
------------------------------------------------------------------------

    EPA 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

[[Page 6820]]

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 1.61 tons/day for NOX and 0.45 tons/day 
for VOC in 2035 (the difference between the attainment year, 2019, 
emissions and the projected 2030 emissions for all sources in the 
Kenosha portion. Similarly, there is a safety margin of 1.52 tons/day 
for NOX and 0.44 tons/day for VOC in 2030. 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. Enhanced I/M in the Kenosha Portion

    CAA section 182(c)(3) requires states with ozone nonattainment 
areas classified as serious or higher to implement an enhanced vehicle 
I/M program. The general purpose of motor vehicle I/M programs is to 
reduce emissions from in-use motor vehicles in need of repairs and 
thereby contribute to state and local efforts to improve air quality 
and to attain the NAAQS. Wisconsin's I/M program has been in operation 
since 1984. It was originally implemented in accordance with the 1977 
CAA Amendments and operated in the six counties of Kenosha, Milwaukee, 
Ozaukee, Racine, Washington and Waukesha. Sheboygan County was added to 
the program in July 1993, resulting in a seven-county program area that 
has remained to the present. Vehicles were originally tested by 
measuring tailpipe emissions using a steady-state idle test. Tampering 
inspections were added in 1989. The I/M program is jointly administered 
by WDNR and the Wisconsin Department of Transportation.
    The 1990 CAA Amendments set additional requirements for I/M 
programs. For moderate areas, a ``basic'' program was required under 
section 182(b)(4). For serious or worse areas, an ``enhanced'' program 
was required under section 182(c)(3). EPA's requirements for basic and 
enhanced I/M programs are found in 40 CFR part 51, subpart S.
    Wisconsin's I/M program transitioned to an enhanced program in 
December 1995. The major enhancement involved adding new test 
procedures to more effectively identify high-emitting vehicles. These 
new test procedures included a transient emissions test in which 
tailpipe emissions were measured while the vehicle was driven on a 
dynamometer (a treadmill-type Attainment Plan for the Partial Kenosha 
County 2008 Ozone NAAQS Serious Nonattainment Area 50 device). 
Improving repairs and public convenience were also major focuses of the 
enhancement effort.
    Since July of 2001, all model year (MY) 1996 and later cars and 
light trucks have been inspected by scanning the vehicle's computerized 
second-generation on-board diagnostic (OBDII) system instead of 
measuring tailpipe emissions. As of July 2008, the program dropped 
tailpipe testing entirely and has inspected all vehicles by scanning 
the OBDII system. This change was the result of statutory changes in 
the State's 2007-2009 biennial budget which exempted model years of 
vehicles not federally required to be equipped with the OBDII 
technology (MY 1995 and earlier cars and light trucks and MY 2006 and 
earlier heavy trucks). To help offset the emissions reductions lost 
from exempting the pre-OBDII vehicles, the program increased the 
testable fleet for MYs 2007 and later by adding gasoline-powered 
vehicles between 10,001 to 14,000 pounds gross vehicle weight rating 
(GVWR) and diesel-powered vehicles of all weights up to 14,000 pounds 
GVWR.
    EPA fully approved Wisconsin's enhanced I/M program on August 16, 
2001 (66 FR 42949), including the program's legal authority and 
administrative requirements in the Wisconsin Statutes and Wisconsin 
Administrative Code. On June 7, 2012, WDNR submitted a SIP revision to 
EPA covering all the changes to the program since EPA approved the 
program in 2001. This submittal included a demonstration under section 
110(l) of the CAA addressing lost emission reductions associated with 
the program changes. The EPA approved this SIP revision on September 
19, 2013 (78 FR 57501).
    The legal authority and administrative requirements for the 
Wisconsin I/M program are found in sections 110.20 and 285.30 of the 
Wisconsin Statutes and Chapters NR 485 and Trans 131 of the Wisconsin 
Administrative Code.
    To fully address CAA section 182(c)(3) for the 2008 standard, 
Wisconsin performed a performance modeling analysis that their current 
I/M program meets the requirements of EPA's enhanced performance 
standard for areas designated and classified under the 8-hour ozone 
standard, as specified in 40 CFR 51.351(i). Wisconsin used the most 
recent version of EPA's mobile source emissions model, MOVES3.0.2, 
released in September 2021 for the analysis. This modeling was 
conducted in accordance with the EPA's technical guidance: Performance 
Standard Modeling for New and Existing Vehicle Inspection and 
Maintenance (I/M) Programs Using the MOVES Mobile Source Emissions 
Model, EPA-420-B-14-006, January 2014, and MOVES3 Technical Guidance: 
Using MOVES to Prepare Emission Inventories for State Implementation 
Plans and Transportation Conformity, EPA-420-B-20-052, November 2020.
    The performance modeling analysis involves a comparison of emission 
reductions from the EPA's model program specified in 40 CFR 51.351(i) 
and Wisconsin's actual program in the six reformulated gasoline 
counties of Kenosha, Milwaukee, Ozaukee, Racine, Washington and 
Waukesha; and the single conventional gasoline county of Sheboygan. In 
addition, Wisconsin did a demonstration for the subject area of this 
redesignation request, the Kenosha portion.
    To demonstrate that an enhanced I/M program meets the performance 
standard, the emission reductions from the actual I/M program are 
within the 0.02 gram per mile (gm/mi) buffer of the emission reductions 
from the EPA model program under 40 CFR 51.351(i) as defined in EPA's 
guidance referenced above. Wisconsin's actual I/M program are within 
the 0.02 gm/mi buffer of the emission reductions from the EPA model 
program under 40 CFR 51.351(i) for all areas. The 6 county Southeast 
Wisconsin reformulated gasoline area buffer was 0.0010 gm/mi for 
NOX and 0.0047 gm/mi for VOC. The Sheboygan conventional 
gasoline area buffer was 0.0012 gm/mi for NOX and 0.0049 gm/
mi for VOC. The Kenosha portion area buffer was 0.0011 gm/mi for 
NOX and 0.0046 gm/mi for VOC. Therefore, Wisconsin's current 
I/M program meets the applicable enhanced I/M performance requirements 
in 40 CFR 51.351 in all areas in which the program is implemented, 
including the Kenosha portion serious nonattainment area for the 2008 
ozone NAAQS.

[[Page 6821]]

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 2019-2021. EPA is proposing to determine that upon final 
approval of Wisconsin's enhanced I/M performance modeling analysis as 
part of the SIP, 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-IN-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 2035. EPA finds adequate and is 
proposing to approve the newly-established 2030 and 2035 MVEBs for the 
Kenosha portion. Finally, EPA is proposing to approve the enhanced I/M 
performance modeling analysis included in Wisconsin's December 3, 2021 
submittals, because they satisfy the serious enhanced I/M requirements 
for the Kenosha portion.

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 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, 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: February 1, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022-02425 Filed 2-4-22; 8:45 am]
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