[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]



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.


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.

    \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 

    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:


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

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

2. Section 52.2585 is amended by adding paragraph (tt) to read as 

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.
* * * * *


3. The authority citation for part 81 continues to read as follows:

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

4. In Sec.  81.350, the table entitled ``Wisconsin--2015 8-Hour Ozone 
NAAQS [Primary and Secondary]'' is amended by:
a. Revising the entry for ``Door County-Revised (part)''; and
b. Removing footnote 4.
    The revisions read as follows:

Sec.  81.350   Wisconsin.

* * * * *

[[Page 25412]]

                                       Wisconsin--2015 8-Hour Ozone NAAQS
                                             [Primary and secondary]
                                               Designation                           Classification
       Designated area \1\       -------------------------------------------------------------------------------
                                      Date \2\             Type               Date \2\               Type
                                                  * * * * * * *
Door County-Revised (part)......       4/29/2022   Attainment.........                       Marginal (Rural
    The portion of Door County
     north of Sturgeon Bay Canal
     excluding Newport State
                                                  * * * * * * *

* * * * *
[FR Doc. 2022-08978 Filed 4-28-22; 8:45 am]