Air Plan Approval; Wisconsin; Redesignation of the Wisconsin Portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin Area to Attainment of the 2008 Ozone Standard
| Published date | 07 February 2022 |
| Citation | 87 FR 6806 |
| Record Number | 2022-02425 |
| Section | Proposed rules |
| Court | Environmental Protection Agency |
Federal Register, Volume 87 Issue 25 (Monday, February 7, 2022)
[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.
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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]
BILLING CODE 6560-50-P
