[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Rules and Regulations]
[Pages 25410-25412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08978]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2022-0008; FRL-9609-02-R5]
Air Plan Approval; Wisconsin; Redesignation of the Revised Door
County (Partial) Area to Attainment of the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) finds that the
revised Door County (partial) nonattainment area in Wisconsin is
attaining the 2015 ozone National Ambient Air Quality Standard (NAAQS)
and is approving, in accordance with a request from the Wisconsin
Department of Natural Resources (WDNR), the redesignation of the area
to attainment for the 2015 ozone NAAQS, because the request meets the
statutory requirements for redesignation under the Clean Air Act (CAA).
WDNR submitted this request on January 5, 2022. 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 area in
attainment of the 2015 ozone NAAQS through 2035. Additionally, EPA is
approving the emissions inventory for this area, which satisfies the
emissions inventory requirement for the area under the 2015 ozone
NAAQS. The CAA requires emission inventories for all areas that were
designated nonattainment. Finally, EPA is approving the 2030 and 2035
motor vehicle emissions budgets for the area.
DATES: This final rule is effective on April 29, 2022.
ADDRESSES: EPA has established dockets for this action under Docket ID
No. EPA-R05-OAR-2022-0008. 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 Jenny
Liljegren, Physical Scientist, at (312) 886-6832 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6832,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On March 3, 2022 (87 FR 12020), EPA proposed to approve the 2015
ozone NAAQS redesignation, maintenance plan, emission inventory, and
motor vehicle emissions budgets for the area. 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 April 4, 2022.
During the comment period, EPA received one supportive comment,
which is included in the docket for this action. EPA did not receive
any adverse comments. In this rulemaking, we are finalizing our action
as proposed.
II. What action is EPA taking?
EPA finds that the area \1\ is attaining the 2015 ozone NAAQS based
on quality-assured and certified monitoring data for 2019-2021 showing
that the area has met the requirements for redesignation under section
107(d)(3)(E) of the CAA. EPA is thus approving a change in the legal
designation of the area from nonattainment to attainment for the 2015
ozone NAAQS. EPA is also approving, as a revision to the Wisconsin SIP,
the State's maintenance plan for the area. The maintenance plan is
designed to keep the area in attainment of the 2015 ozone NAAQS through
2035. EPA also finds adequate and is approving the newly established
2030 and 2035 volatile organic compounds (VOC) and oxides of nitrogen
(NOX) motor vehicle emission budgets for the area. EPA is
also approving the base year emissions inventories for the area under
the 2015 ozone NAAQS.
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\1\ The portion of Door County, Wisconsin, north of the Sturgeon
Bay Canal (excluding Newport State Park) is the ``Revised Door
County'' nonattainment area (or area) and is the subject of this
notice.
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In accordance with 5 U.S.C. 553(d) of the Administrative Procedure
Act (APA), EPA finds there is good cause for this action to become
effective immediately upon publication. The immediate effective date
for this action is authorized under 5 U.S.C. 553(d)(1).
Section 553(d)(1) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . a substantive rule which grants or recognizes
an exemption or relieves a restriction.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history).
[[Page 25411]]
However, when the agency grants or recognizes an exemption or relieves
a restriction, affected parties do not need a reasonable time to adjust
because the effect is not adverse. EPA has determined that this rule
relieves a restriction because this rule relieves sources in the area
of Nonattainment New Source Review (NNSR) permitting requirements. Upon
the effective date of this action, sources will be subject to less
restrictive Prevention of Significant Deterioration (PSD) permitting
requirements. For this reason, EPA finds good cause under 5 U.S.C.
553(d)(1) for this action to become effective on the date of
publication of this action.
III. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
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 June 28, 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, and
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: April 20, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, 40 CFR parts 52 and 81 are
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.2585 is amended by adding paragraph (tt) to read as
follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(tt) Redesignation. Approval--On January 5, 2022, Wisconsin
submitted a request to redesignate the revised Door County (partial)
area to attainment of the 2015 8-hour ozone standard. As part of the
redesignation request, the State submitted a maintenance plan as
required by section 175A of the Clean Air Act. Elements of the section
175 maintenance plan include a contingency plan and an obligation to
submit a subsequent maintenance plan revision in eight years as
required by the Clean Air Act. The ozone maintenance plan also
establishes 2030 and 2035 motor vehicle emission budgets for the area.
The 2030 MVEBs for the area are 0.1349 tons per summer day for VOC and
0.2995 tons per summer day for NOX. The 2035 MVEBs for the
area are 0.1153 tons per summer day for VOC and 0.2586 tons per summer
day for NOX.
* * * * *
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. In Sec. 81.350, the table entitled ``Wisconsin--2015 8-Hour Ozone
NAAQS [Primary and Secondary]'' is amended by:
0
a. Revising the entry for ``Door County-Revised (part)''; and
0
b. Removing footnote 4.
The revisions read as follows:
Sec. 81.350 Wisconsin.
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[[Page 25412]]
Wisconsin--2015 8-Hour Ozone NAAQS
[Primary and secondary]
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Designation Classification
Designated area \1\ -------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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Door County-Revised (part)...... 4/29/2022 Attainment......... Marginal (Rural
Transport).
The portion of Door County
north of Sturgeon Bay Canal
excluding Newport State
Park.
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[FR Doc. 2022-08978 Filed 4-28-22; 8:45 am]
BILLING CODE 6560-50-P