Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules 66617 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Volatile 

organic compounds. 

Dated: September 19, 2016. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2016–23301 Filed 9–27–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R05–OAR–2016–0277; FRL–9953–09– 

Region 5] 

Reclassification of the Sheboygan, 

Wisconsin Area To Moderate 

Nonattainment for the 2008 Ozone 

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to determine 

that the Sheboygan, Wisconsin area 

(Sheboygan County) has failed to attain 

the 2008 ozone National Ambient Air 

Quality Standards (NAAQS) by the 

applicable attainment date of July 20, 

2016, and that this area is not eligible 

for an extension of the attainment date. 

EPA is proposing to reclassify this area 

as ‘‘moderate’’ nonattainment for the 

2008 ozone NAAQS. Once reclassified 

as moderate, the State of Wisconsin 

must submit State Implementation Plan 

(SIP) revisions that meet the statutory 

and regulatory requirements that apply 

to areas classified as moderate 

nonattainment for the 2008 ozone 

NAAQS. EPA is proposing to require 

submission of the necessary moderate 

area SIP revisions as expeditiously as 

practicable, but no later than January 1, 

2017. 

DATES: Comments must be received on 

or before October 28, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2016–0277 at http://

www.regulations.gov or via email to 

Aburano.Douglas@epa.gov. 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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Scientist, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. Background 

II. How does EPA determine whether an area 

has attained the 2008 ozone standard? 

III. What is EPA proposing and what is the 

rationale? 

IV. Summary of Proposed Actions 

V. Statutory and Executive Order Reviews 

I. Background 

On April 30, 2012, the Sheboygan 

area was designated as nonattainment 

for the 2008 ozone NAAQS and was 

classified as marginal, effective July 20, 

2012 (77 FR 30088, May 21, 2012). On 

March 6, 2015 (80 FR 12264), in the 

implementation rule for the 2008 ozone 


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66618 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules 

1An area’s ozone design value for the eight-hour 

ozone NAAQS is the highest three-year average of 

the annual fourth-highest daily maximum eighthour average concentrations of all monitors in the 

area. To determine whether an area has attained the 

ozone NAAQS prior to the attainment date, EPA 

considers the monitor-specific ozone design values 

in the area for the most recent three years with 

complete, quality-assured monitored ozone data 

prior to the attainment deadline. 

2The 2013–2015 design value the Sheboygan area 

does not exceed 0.100 ppm, which is the threshold 

for reclassifying an area to serious per CAA section 

181(b)(2)(A)(ii) and 40 CFR 51.1103. 

NAAQS, EPA established an attainment 

deadline of July 20, 2015, for marginal 

areas. 

Clean Air Act (CAA) section 181(b)(2) 

requires EPA to determine, based on an 

area’s ozone design value 1 as of the 

area’s attainment deadline, whether the 

area has attained the ozone standard by 

that date. The statute provides a 

mechanism by which states that meet 

certain criteria may request and be 

granted by the EPA Administrator a oneyear extension of an area’s attainment 

deadline. The CAA also requires that 

areas that have not attained the standard 

by their attainment deadlines be 

reclassified to either the next ‘‘highest’’ 

classification (e.g., marginal to 

moderate, moderate to serious, etc.) or 

to the classifications applicable to the 

areas’ design values. 

On May 4, 2016 (81 FR 26697), based 

on EPA’s evaluation and determination 

that the area met the attainment date 

extension criteria of CAA section 

181(8)(5), EPA granted the Sheboygan 

area a one-year extension of the 

marginal area attainment date to July 20, 

2016. 

II. How does EPA determine whether 

an area has attained the 2008 ozone 

standard? 

Under EPA regulations at 40 CFR part 

50, appendix P, the 2008 ozone NAAQS 

is attained at a site when the three-year 

average of the annual fourth-highest 

daily maximum eight-hour average 

ambient air quality ozone concentration 

is less than or equal to 0.075 parts per 

million (ppm). This three-year average 

is referred to as the design value. When 

the design value is less than or equal to 

0.075 ppm at each ambient air quality 

monitoring site within the area, then the 

area is deemed to be meeting the 

NAAQS. The rounding convention 

under 40 CFR part 50, appendix P, 

dictates that concentrations shall be 

reported in ppm to the third decimal 

place, with additional digits to the right 

being truncated. Thus, a computed 

three-year average ozone concentration 

of 0.076 ppm is greater than 0.075 ppm 

and, therefore, over the standard. 

EPA’s determination is based upon 

data that have been collected and 

quality-assured in accordance with 40 

CFR part 58 and recorded in EPA’s Air 

Quality System database (formerly 

known as the Aerometric Information 

Retrieval System). Ambient air quality 

monitoring data for the three-year 

period must meet a data completeness 

requirement. The ambient air quality 

monitoring data completeness 

requirement is met when the average 

percent of required monitoring days 

with valid ambient monitoring data is 

greater than 90 percent, and no single 

year has less than 75 percent data 

completeness as determined according 

to appendix P of part 50. 

III. What is EPA proposing and what is 

the rationale? 

A. Determination of Failure To Attain 

and Reclassification 

EPA is issuing this proposal pursuant 

to the agency’s statutory obligation 

under CAA section 181(b)(2) to 

determine whether the Sheboygan 

nonattainment area has attained the 

2008 ozone NAAQS by the applicable 

attainment date of July 20, 2016. In this 

action, EPA is proposing to determine 

that the Sheboygan area failed to attain 

the 2008 ozone NAAQS by the 

applicable attainment date of July 20, 

2016. This area is not eligible for an 

additional one-year attainment date 

extension because, at 0.076 ppm, the 

average of the 2014 and 2015 annual 

fourth highest daily maximum eighthour average ozone concentrations for 

the monitor in the area is greater than 

0.075 ppm. (2014 and 2015 are the last 

two full years of complete air quality 

data prior to the July 20, 2016, 

attainment date.) Table 2 shows the 

relevant monitoring data for the 

Sheboygan area. 

TABLE 2 

Area County Monitor 2013 

4th high 

2014 

4th high 

2015 

4th high 

2013–2015 

Average 

Sheboygan, WI ............. Sheboygan .................. Kohler Andre Park 

551170006.

0.078 0.072 0.081 0.077 

CAA section 181(b)(2)(A) provides 

that a marginal nonattainment area shall 

be reclassified by operation of law upon 

a determination by the EPA that such 

area failed to attain the relevant NAAQS 

by the applicable attainment date. Based 

on quality-assured ozone monitoring 

data from 2013–2015, as shown in Table 

2, the new classification applicable to 

the Sheboygan area would be the next 

higher classification of ‘‘moderate’’ 

under the CAA statutory scheme.2

Moderate nonattainment areas are 

required to attain the standard ‘‘as 

expeditiously as practicable’’ but no 

later than six years after the initial 

designation as nonattainment (which, in 

the case of the Sheboygan area, is July 

20, 2018). The attainment deadlines 

associated with each classification are 

prescribed by the CAA and codified at 

40 CFR 51.1103. 

B. Moderate Area SIP Revision 

Submission Deadline 

Wisconsin will be required to submit 

a revised SIP that addresses the CAA’s 

moderate nonattainment area 

requirements, as interpreted and 

described in the final ozone NAAQS. 

See 40 CFR 51.1100 et seq. Those 

requirements include: (1) An attainment 

demonstration (CAA section 182(b) and 

40 CFR 51.1108); (2) provisions for 

volatile organic compounds (VOC) and 

nitrogen oxides (NOX) reasonably 

available control technology (RACT) 

(CAA section 182(b)(2) and 40 CFR 

51.1112(a)–(b)) and reasonably available 

control measures (RACM) (CAA section 

172(c)(1) and 40 CFR 51.1112(c)); (3) 

reasonable further progress (RFP) 

reductions in VOC and/or NOx 

emissions in the area (CAA sections 

172(c)(2) and 182(b)(1) and 40 CFR 

51.1110); (4) contingency measures to be 

implemented in the event of failure to 

meet a milestone or to attain the 

standard (CAA section 172(c)(9)); (5) a 

vehicle inspection and maintenance 

program, if applicable (CAA section 

181(b)(4) and 40 CFR 51.350); and, (6) 

NOX and VOC emission offsets at a ratio 

of 1.15 to 1 for major source permits 

(CAA section 182(b)(5) and 40 CFR 

51.165(a)). See also the requirements for 

moderate ozone nonattainment areas set 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules 66619 

3See 81 FR 26697 (May 4, 2016). 

forth in CAA section 182(b) and the 

general nonattainment plan provisions 

required under CAA section 172(c). 

When an area is reclassified under 

CAA section 181(b)(2), CAA section 

182(i) requires the state to meet the new 

requirements according to the schedules 

prescribed in those requirements. It 

provides, however, ‘‘that the 

Administrator may adjust any 

applicable deadlines (other than 

attainment dates) to the extent such 

adjustment is necessary or appropriate 

to assure consistency among the 

required submissions.’’ CAA section 

182(b), as interpreted by 40 CFR 51.1100 

et seq., describes the required SIP 

revisions and associated deadlines for a 

nonattainment area classified as 

moderate at the time of the initial 

designations. However, these SIP 

submission deadlines (e.g., three years 

after the effective date of designation for 

submission of an attainment plan and 

attainment demonstration) have already 

passed. Accordingly, EPA is proposing 

to exercise its discretion under CAA 

section 182(i) to adjust the SIP submittal 

deadlines for the Sheboygan area. 

In determining an appropriate 

deadline for the moderate area SIP 

revisions for the Sheboygan area, EPA 

notes that, pursuant to 40 CFR 

51.1108(d), the state must provide for 

implementation of all control measures 

needed for attainment no later than the 

beginning of the attainment year ozone 

season. The attainment year ozone 

season is the ozone season immediately 

preceding a nonattainment area’s 

attainment date. In the case of 

nonattainment areas classified as 

moderate for the 2008 ozone NAAQS, 

the attainment year ozone season is the 

2017 ozone season (40 CFR 51.1100(h)). 

Further, in the implementation rule 

for the 2008 ozone NAAQS, EPA 

established the requirement for areas to 

implement RACT measures as 

expeditiously as practicable, but no later 

than January 1 of the fifth year after the 

effective date of a nonattainment 

designation. (81 FR 12280) For the 

nonattainment designations that were 

effective July 20, 2012, this would 

require RACT measures (for areas where 

they are required) to be implemented by 

January 1, 2017. This implementation 

deadline ensured that RACT measures 

would be required to be in place no later 

than the last ozone season prior to the 

moderate area attainment date of July 

20, 2018. 

The January 1, 2017, SIP submission 

deadline is consistent with the SIP 

submission deadline established for all 

other Marginal nonattainment areas in 

the country that were recently 

reclassified to Moderate for the 2008 

ozone NAAQS,3 and is consistent with 

the timeframes in the CAA as codified 

in the EPA’s implementing regulations. 

Accordingly, EPA is proposing to 

require Wisconsin to submit the 

required SIP revisions no later than 

January 1, 2017. 

IV. Summary of Proposed Actions 

EPA is proposing to determine that 

the Sheboygan area failed to attain the 

2008 ozone NAAQS by the applicable 

attainment date of July 20, 2016, is not 

eligible for an additional one-year 

attainment date extension, and must be 

reclassified as moderate. EPA is also 

proposing to require Wisconsin to 

submit SIP revisions to address 

moderate area requirements as 

expeditiously as practicable, but no later 

than January 1, 2017. 

V. Statutory and Executive Order 

Reviews 

Under section 181(b)(2) of the CAA, a 

determination of nonattainment is a 

factual determination based upon air 

quality considerations and the resulting 

reclassification must occur by operation 

of law. A determination of 

nonattainment and the resulting 

reclassification of a nonattainment area 

by operation of law under section 

181(b)(2) does not in and of itself create 

any new requirements, but rather 

applies the requirements contained in 

the CAA. For these reasons, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 81 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Designations and 

classifications, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 14, 2016. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2016–23294 Filed 9–27–16; 8:45 am] 

BILLING CODE 6560–50–P 


sradovich on DSK3GMQ082PROD with PROPOSALS