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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
WI ID: [WI119-01a; FRL-7657-6]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Direct final rule.
SUBJECT CATEGORY: Approval and Promulgation of Implementation Plans: Wisconsin: Kewaunee County Ozone Maintenance Plan Update
DATES: This ``direct final'' rule is effective July 9, 2004, unless EPA receives written adverse comment by June 9, 2004. If written adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
DOCUMENT SUMMARY: The EPA is approving a revision to the plan prepared by Wisconsin to maintain the onehour national ambient air quality standard (NAAQS) for ozone in the Kewaunee County maintenance area through the year 2012. Wisconsin's submitted the revision on January 28, 2003, and supplemented it on February 5, 2003 and February 27, 2003. This revision is required by the Clean Air Act. The effect of this approval is to ensure federal enforceability of the state air program plan and to maintain consistency between the stateadopted plan and the approved State Implementation Plan (SIP).
SUMMARY: Wisconsin,
SUPPLEMENTAL INFORMATION
Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This section provides additional information by addressing the following questions: I. General InformationII. What is a SIP?
III. What is the Federal Approval Process for a SIP?
IV. What are the criteria for approval of a maintenance plan? V. What does federal approval of a state regulation mean to me? VI. What is in the state's plan to maintain the standard?
VII. Has Wisconsin held a Public Hearing?
VIII. What action is EPA taking?
IX. What are the Statutory and Executive Order Review Requirements? I. General Information
A. Does This Action Apply to Me?
This action applies to the citizens, industries, and transportation agencies in Kewaunee County, Wisconsin.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in
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accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments, remember to:
(a) Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
(b) Follow directionsThe agency may ask you to respond to
specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.
(c) Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.
(d) Describe any assumptions and provide any technical information and/or data that you used.
(e) If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be reproduced.
(f) Provide specific examples to illustrate your concerns, and suggest alternatives.
II. What Is a SIP?
The Clean Air Act (CAA) at section 110 requires states to develop air pollution regulations and control strategies to ensure that state air quality meets the national ambient air quality standards established by EPA. These ambient standards are established under section 109 of the CAA, and they currently address six criteria pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each state must submit these regulations and control strategies to us for approval and incorporation into the federallyenforceable SIP. Each federally approved SIP protects air quality primarily by addressing air pollution at its point of origin. These SIPs can be extensive and contain state regulations or other enforceable documents, as well as supporting information such as emission inventories, monitoring networks, and modeling demonstrations.
III. What Is the Federal Approval Process for a SIP?
For state regulations to be incorporated into the federally
enforceable SIP, states must formally adopt the regulations and control
strategies consistent with state and federal requirements. This process
generally includes a public notice, public hearing, public comment
period, and a formal adoption by a stateauthorized rulemaking body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the federal
action on the state submission. If adverse comments are received, they
must be addressed prior to any final federal action. All state
regulations and supporting information approved by EPA under section
110 of the CAA are incorporated into the federallyapproved SIP.
Records of such SIP actions are maintained in the Code of Federal
Regulations (CFR) at Title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR, but
are ``incorporated by reference,'' which means that we have approved a given state regulation with a specific effective date.
IV. What Are the Criteria for Approval of a Maintenance Plan?
The requirements for the approval and revision of a maintenance plan are found in section 175A of the CAA. A maintenance plan must provide a demonstration of continued attainment including the control measures relied upon, provide contingency measures for the prompt correction of any violation of the standard, provide for continued operation of the ambient air quality monitoring network, provide a means of tracking the progress of the plan, and include the attainment emissions inventory and new budgets for motor vehicle emissions. V. What Does Federal Approval of a State Regulation Mean to Me?
Enforcement of the state regulation before and after it is incorporated into the federallyapproved SIP is primarily a state responsibility. However, after the regulation is federally approved, we are authorized to take enforcement action against violators. Citizens are also offered legal recourse to address violations as described in section 304 of the CAA.
VI. What Is in the State's Plan To Maintain the Standard?
For the past ten years, Wisconsin has had a plan in place to maintain the onehour ozone standard in the maintenance area through 2002. The CAA requires that the maintenance plan be revised to provide for maintenance for ten years after the expiration of the initial maintenance period. Wisconsin's submittal of January 28, 2003, which Wisconsin supplemented on February 5, 2003 and February 27, 2003, contained a revised plan that describes what will be done during the next tenyear period to maintain the ozone standard in the Kewaunee County maintenance area through 2012. The following analysis will look at the elements necessary for approval of a maintenance plan and determine if they have been fulfilled.
1. Demonstration of Continued Attainment
This revised plan relies on an attainment level of emissions of
volatile organic compounds (VOCs) and nitrogen oxides (NO
Table 1.Kewaunee County VOC Emissions
[Tons/day]
Source category 1999 2012
Point................................................... 0.6 0.7
Area.................................................... 1.2 1.3
OnRoad Mobile.......................................... 0.9 0.4
NonRoad Mobile......................................... 0.8 0.5
Totals.............................................. 3.5 3.0 Table 2.Kewaunee County NOX Emissions
[Tons/day]
Source category 1999 2012
Point................................................... 0.0 0.0
Area.................................................... 0.2 0.2
OnRoad Mobile.......................................... 1.3 0.6
NonRoad Mobile......................................... 0.6 0.6
Totals.............................................. 2.1 1.5
Any discrepancies between the table totals and the sum of their constituent values are due to rounding conventions. The sector totals were actually figured to three decimal places, summed, and then rounded to two decimal places to obtain the total emissions.
As can be seen, total emissions decreased during the tenyear
maintenance period. Thus the plan has demonstrated that the onehour
ozone standard will be maintained. The full emissions benefits obtained
from state and federal control measures are included in the tables
above. For the demonstration of maintenance, it is only necessary for
the state to show that there is no increase in the emissions. Clearly [[Page 25837]]
excess emission benefits are included in the demonstration. Control
measures used to reduce emissions and maintain the standard are shown
in the following list. These measures include stationary, mobile and area source controls.
The state has quantified emission reductions from the following permanent and enforceable measures: Federal Motor Vehicle Control Program; 1992 gasoline Reid vapor pressure change; federal architectural, industrial and maintenance coatings rule; federal consumer and commercial products rule; autobody refinishing rule; Stage II vapor recovery; traffic markings rule; gasoline station tank breathing rule; federal nonroad engine standards; wood furniture coating rule; miscellaneous wood products coating rule; industrial adhesives rule; lithographic printing rule; and, plastic parts coating rule.
2. Contingency Measures
Despite the best efforts to demonstrate continued compliance with
the NAAQS, the ambient ozone concentrations may exceed or violate the
NAAQS. Therefore, as required by section 175A of the CAA, Wisconsin has
provided contingency measures to promptly correct a future ozone air
quality problem. For the years 2003 through 2007, Wisconsin has
identified the following contingency measures: the NO
3. Ambient Air Quality Monitoring
Wisconsin currently operates one ozone monitor in Kewaunee County. Wisconsin has committed to continue operating and maintaining an approved ozone monitor network through the maintenance period and beyond.
4. Tracking the Progress of the Plan
Continued attainment of the ozone NAAQS in Kewaunee County depends,
in part, on the state's efforts toward tracking indicators of continued
attainment during the maintenance period. The tracking plan for
Kewaunee County primarily consists of continued ambient ozone
monitoring in accordance with the requirements of 40 CFR part 58. WDNR
maintains a comprehensive ambient air quality monitoring network and
air quality reporting program, including ozone monitoring sites
throughout the state and a fully enhanced network in the area around
Lake Michigan. These are structured in the state statute to continue
through and past the maintenance period. The state will also evaluate
future VOC and NO
Wisconsin prepared an emissions inventory for the Kewaunee County
maintenance area for the base year of 1999. The year 1999 year was
selected for the inventory as no excursion nor violations of the
standard occurred. Emissions were then projected for 2007 and 2012. The
MOBILE6 emissions model was used for onroad mobile sources. These
revised inventories were developed using the latest planning
assumptions, including updated vehicle registration data from 1999
through 2001, vehicle miles traveled (VMT), speeds, fleet mix, and SIP
control measures. The emission inventory amounts are shown in the tables below.
Table 3.Kewaunee County VOC Emissions
[Tons/day]
Source category 1999 2007 2012
Point........................................... 0.6 0.7 0.7
Area............................................ 1.2 1.3 1.3
OnRoad Mobile.................................. 0.9 0.6 0.4
NonRoad Mobile................................. 0.8 0.6 0.5
Totals...................................... 3.5 3.2 3.0 Table 4.Kewaunee County NOX Emissions
[Tons/day]
Source category 1999 2007 2012
Point........................................... 0.0 0.0 0.0
Area............................................ 0.2 0.2 0.2
OnRoad Mobile.................................. 1.3 1.0 0.6
NonRoad Mobile................................. 0.6 0.6 0.6
Totals...................................... 2.1 1.8 1.5
Any discrepancies between the table totals and the sum of their constituent values are due to rounding conventions. The sector totals were actually figured to three decimal places, summed, and then rounded to two decimal places to obtain the total emissions.
Wisconsin has submitted a complete and accurate emissions inventory
of VOC and NO
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SIP. We are also required to consider comments submitted to the state
at the public hearing. No comments were received by the state on the
transportation conformity budgets. The new areawide budgets are shown in the table below:
Table 5.Kewaunee Mobile Vehicle Emissions Budgets [Tons/day]
Year VOC NOX
2007.................................................... 0.61 0.97
2012.................................................... 0.41 0.63
These new budgets are to be used in all subsequent conformity determinations concerning transportation plans in the Kewaunee County maintenance area. We believe that the motor vehicle emissions budgets are consistent with the control measures identified in this maintenance plan and that this plan demonstrates maintenance with the onehour ozone standard.
VII. Has Wisconsin Held a Public Hearing?
The Wisconsin submittal was subject to a 30 day public comment period. Wisconsin held a public hearing on November 22, 2002. VIII. What Action Is EPA Taking?
We are approving: Wisconsin's revision of the maintenance plan for
the Kewaunee County maintenance and the transportation conformity budgets for VOC and NO
The EPA is publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse comments are filed. This rule will be effective July 9, 2004 without further notice unless we receive relevant adverse written comments by June 9, 2004. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. If we do not receive any comments, this action will be effective July 9, 2004. IX. What Are the Statutory and Executive Order Review Requirements? Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use
Because this action does not significantly affect energy supply, distribution or use, it is not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). Regulatory Flexibility Act
This action merely approves state law as meeting federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves preexisting requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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. 1044).
Executive Order 13175: Consultation and Coordination With Indian Tribal Governments
This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not economically significant. National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the state to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. 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
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action must be filed in the United States Court of Appeals for the
appropriate circuit by July 9, 2004. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 26, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows:
PART 52[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart YYWisconsin
2. Section 52.2585 is amended by adding paragraph (t) to read as follows:
Sec. 52.2585 Control strategy: Ozone.
* * * * *
(t) ApprovalOn January 28, 2003, Wisconsin submitted a request to
update the ozone maintenance plan for Kewaunee County. Additional
information was submitted on February 5, 2003 and February 27, 2003. As
part of the request, the state submitted a maintenance plan as required
by section 175A of the Clean Air Act, as amended in 1990. Elements of
the section 175 maintenance plan include a contingency plan and Motor
Vehicle Emissions Budgets (MVEB) for 2007 and 2012. The following table
outlines the MVEB for transportation conformity purposes for the Kewaunee ozone maintenance area.
Kewaunee Mobile Vehicle Emissions Budgets
[Tons/day]
Year VOC NOX
2007.................................................... 0.61 0.97
2012.................................................... 0.41 0.63 [FR Doc. 0410341 Filed 5704; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Michael Leslie, Environmental Engineer, Criteria Pollutants Section (AR18J), Air Programs Branch, Air and Radiation Division, United States Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 3536680, leslie.michael@epa.gov.
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