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[Federal Register: July 12, 2010 (Volume 75, Number 132)]
[Rules and Regulations]               
[Page 39635-39638]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy10-5]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2009-0730; FRL-9172-9]

 
Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Wisconsin; Redesignation of 
the Manitowoc County and Door County Areas to Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving Wisconsin's requests to redesignate the 
Manitowoc County and Door County, Wisconsin nonattainment areas to 
attainment for the 1997 8-hour ozone standard because the requests meet 
the statutory requirements for redesignation under the Clean Air Act 
(CAA). The Wisconsin Department of Natural Resources (WDNR) submitted 
these requests on September 11, 2009.
    These approvals involve several related actions. EPA is making 
determinations under the CAA that the Manitowoc County and Door County 
areas have attained the 1997 8-hour ozone National Ambient Air Quality 
Standard (NAAQS). These determinations are based on three years of 
complete, quality-assured and certified ambient air quality monitoring 
data for the 2006-2008 ozone seasons that demonstrate that the 8-hour 
ozone NAAQS has been attained in the areas. Complete, quality-assured 
air quality data for the 2009 ozone season have been recorded in the 
EPA's Air Quality System (AQS) and show that the areas continue to 
attain the 8-hour ozone standard. EPA is also approving, as revisions 
to the Wisconsin State Implementation Plan (SIP), the State's

[[Page 39636]]

plans for maintaining the 8-hour ozone NAAQS through 2020 in the areas.
    EPA is approving the 2005 base year emissions inventories for the 
Manitowoc County and Door County areas as meeting the base year 
emissions inventory requirement of the CAA. WDNR submitted these base 
year emissions inventories on June 12, 2007. Finally, EPA finds 
adequate and is proposing to approve the State's 2012 and 2020 Motor 
Vehicle Emission Budgets (MVEBs) for the Manitowoc County and Door 
County areas.

DATES: This final rule is effective July 12, 2010.

ADDRESSES: EPA has established a docket for this action: Docket ID No. 
EPA-R05-OAR-2009-0730. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays. We recommend that you telephone Kathleen D'Agostino, 
Environmental Engineer, at (312) 886-1767 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), U.S. 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:

Table of Contents

I. What is the background for these actions?
II. What comments did we receive on the Proposed Rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for these actions?

    The background for today's actions is discussed in detail in EPA's 
April 27, 2010, proposal (75 FR 22047). In that rulemaking, we noted 
that, under EPA regulations at 40 CFR part 50, the 8-hour ozone 
standard is attained when the three-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations is less than 
or equal to 0.08 ppm. (See 69 FR 23857 (April 30, 2004) for further 
information.) Under the CAA, EPA may redesignate nonattainment areas to 
attainment if sufficient complete, quality-assured data are available 
to determine that the area has attained the standard and if it meets 
the other CAA redesignation requirements in section 107(d)(3)(E).
    The WDNR submitted requests to redesignate the Manitowoc County and 
Door County areas to attainment for the 1997 8-hour ozone standard on 
September 11, 2009. The redesignation requests included three years of 
complete, quality-assured data for the period of 2006 through 2008, 
indicating the 8-hour NAAQS for ozone, as promulgated in 1997, had been 
attained for the Manitowoc County and Door County areas. Complete, 
quality-assured monitoring data in AQS but not yet certified for the 
2009 ozone season show that the areas continue to attain the 8-hour 
ozone standard. The April 27, 2010, proposed rule provides a detailed 
discussion of how Wisconsin met this and other CAA requirements.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period. The comment period 
closed on May 27, 2010. EPA received comments in support of the 
redesignation from the Door County Board of Supervisors and the Door 
County Economic Development Corporation. We received no adverse 
comments on the proposed rule.

III. What action is EPA taking?

    EPA is making determinations that the Manitowoc County and Door 
County areas have attained the 1997 8-hour ozone NAAQS. EPA is also 
approving the maintenance plan SIP revisions for the Manitowoc County 
and Door County areas. EPA's approval of the maintenance plans is based 
on the State's demonstrations that the plans meet the requirements of 
section 175A of the CAA. After evaluating the redesignation requests 
submitted by WDNR, EPA believes that the requests meet the 
redesignation criteria set forth in section 107(d)(3)(E) of the CAA. 
Therefore, EPA is approving the redesignation of the Manitowoc County 
and Door County areas from nonattainment to attainment for the 1997 8-
hour ozone NAAQS. EPA is also approving WDNR's 2005 base year emissions 
inventory for the Manitowoc County and Door County areas as meeting the 
requirements of section 172(c)(3) of the CAA. Finally, EPA finds 
adequate and is approving the Wisconsin's 2012 and 2020 MVEBs for the 
Manitowoc County and Door County areas.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action to become effective immediately upon publication. This 
is because a delayed effective date is unnecessary due to the nature of 
a redesignation to attainment, which relieves the area from certain CAA 
requirements that would otherwise apply to it. The immediate effective 
date for this action is authorized under both 5 U.S.C. 553(d)(1), which 
provides that rulemaking actions may become effective less than 30 days 
after publication if the rule ``grants or recognizes an exemption or 
relieves a restriction,'' and section 553(d)(3), which allows an 
effective date less than 30 days after publication ``as otherwise 
provided by the agency for good cause found and published with the 
rule.'' The purpose of the 30-day waiting period prescribed in section 
553(d) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. Today's rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, today's rule relieves the state of various requirements 
for this 8-hour ozone nonattainment area. For these reasons, EPA finds 
good cause under 5 U.S.C. 553(d)(3) for this action to become effective 
on the date of publication of this action.

IV. 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

[[Page 39637]]

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. These actions do not impose additional requirements beyond 
those imposed by state law and the CAA. For that reason, these actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law. Even though this 
rule does not have ``tribal implications'' under Executive Order 13175, 
nonetheless, EPA provided notice of the proposal to the Wisconsin 
tribes. The tribes raised no concerns with the proposed rule.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 10, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

40 CFR Part 81

    Air pollution control, Environmental protection, National parks, 
Wilderness areas.

    Dated: June 28, 2010.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart YY--Wisconsin

0
2. Section 52.2585 is amended by adding paragraphs (w) and (x) to read 
as follows:

Sec.  52.2585  Control strategy: Ozone.

* * * * *
    (w) Approval--On June 12, 2007, Wisconsin submitted 2005 VOC and 
NOX base year emissions inventories for the Manitowoc County 
and Door County areas. Wisconsin's 2005 inventories satisfy the base 
year emissions inventory requirements of section 172(c)(3) of the Clean 
Air Act for the Manitowoc County and Door County areas under the 1997 
8-hour ozone standard.
    (x) Approval--On September 11, 2009, Wisconsin submitted requests 
to redesignate the Manitowoc County and Door County areas to attainment 
of the 1997 8-hour ozone standard. As part of the redesignation 
requests, the State submitted maintenance plans as required by section 
175A of the Clean Air Act. Elements of the section 175 maintenance 
plans include contingency plans and an obligation to submit subsequent 
maintenance plan revisions in 8 years as required by the Clean Air Act. 
The ozone maintenance plans also establish 2012 and 2020 Motor Vehicle 
Emission Budgets (MVEBs) for the areas. The 2012 MVEBs for the 
Manitowoc County and Door County areas are 1.76 tons per day (tpd) for 
VOC and 3.76 tpd for NOX, and 0.78 tpd for VOC and 1.55 tpd 
for NOX, respectively. The 2020 MVEBs for the Manitowoc 
County and Door County areas are 1.25 tpd for VOC and 1.86 tpd for 
NOX, and 0.53 tpd for VOC and 0.74 tpd for NOX, 
respectively.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. Section 81.350 is amended by revising the entries for Door County, 
WI and Manitowoc County, WI in the table entitled ``Wisconsin-Ozone (8-
Hour Standard)'' to read as follows:

Sec.  81.350  Wisconsin.

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[[Page 39638]]

                                        Wisconsin-Ozone (8-Hour Standard)
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                                                          Designation \a\                      Classification
            Designated area            -------------------------------------------------------------------------
                                                Date \1\                    Type             Date \1\     Type
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Door County, WI: Door County..........  July 12, 2010...........  Attainment.

                                                  * * * * * * *
Manitowoc County, WI: Manitowoc County  July 12, 2010...........  Attainment.

                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

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[FR Doc. 2010-16706 Filed 7-9-10; 8:45 am]
BILLING CODE 6560-50-P
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