[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Rules and Regulations]
[Pages 11310-11311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04197]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0698; FRL-9215-02-R5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Wisconsin State Implementation Plan (SIP) to meet the 
volatile organic compound (VOC) and nitrogen oxides (NOX) 
reasonably available control technology (RACT), clean-fuel vehicle 
programs (CFVP), and the enhanced monitoring of ozone and ozone 
precursors (EMP) requirements of the Clean Air Act (CAA). These 
requirements apply in the Wisconsin portion of the Chicago-Naperville, 
Illinois-Indiana-Wisconsin nonattainment area (Chicago area) for the 
2008 ozone National Ambient Air Quality Standards (NAAQS or standards). 
EPA proposed to approve this action on December 7, 2021, and received 
no comments.

DATES: This final rule is effective on March 31, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2020-0698. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays and facility 
closures due to COVID-19. We recommend that you telephone Michael 
Leslie, Environmental Engineer at (312) 353-6680 before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental

[[Page 11311]]

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].

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

I. Background Information

    On December 7, 2021, EPA proposed to approve a revision to the 
Wisconsin SIP to meet the VOC and NOX RACT, CFVP, and the 
EMP requirements of the CAA in the Wisconsin portion of the Chicago-
Naperville, Illinois-Indiana-Wisconsin nonattainment area for the 2008 
ozone NAAQS (86 FR 69207). An explanation of the CAA requirements, a 
detailed analysis of the revisions, and EPA's reasons for proposing 
approval were provided in the notice of proposed rulemaking and will 
not be restated here. The public comment period for this proposed rule 
ended on January 6, 2022. EPA received no comments on the proposal.

II. Final Action

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

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 2, 2022. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: February 23, 2022.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


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


Sec.  52.2585  Control Strategy: Ozone.

* * * * *
    (qq) Serious Plan Elements. Approval--On December 1, 2020, 
Wisconsin submitted a revision to its State Implementation Plan to 
satisfy the meet the volatile organic compound (VOC) and nitrogen 
oxides (NOX) reasonably available control technology (RACT), 
Clean-fuel vehicle programs (CFVP), and the Enhanced monitoring of 
ozone and ozone precursors (EMP) requirements of the Clean Air Act 
(CAA) in the Wisconsin portion of the Chicago-Naperville, Illinois-
Indiana-Wisconsin nonattainment area (Chicago area) for the 2008 ozone 
National Ambient Air Quality Standards (NAAQS or standards). These 
elements of the plan meet the requirements of section 110 and part D of 
the CAA for the Wisconsin portion of the Chicago area, which serious 
nonattainment for the 2008 ozone NAAQS.
* * * * *
[FR Doc. 2022-04197 Filed 2-28-22; 8:45 am]
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