5438 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules 

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 proposed 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 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: January 26, 2022. 

KC Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2022–01962 Filed 1–31–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2020–0410; EPA–R05– 

OAR–2021–0141; FRL–9484–01–R5] 

Air Plan Approval; Wisconsin; 

Redesignation of the Manitowoc, 

Wisconsin Area to Attainment of the 

2015 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to find that 

the Manitowoc, Wisconsin area is 

attaining the 2015 ozone National 

Ambient Air Quality Standard (NAAQS 

or standard) and to act in accordance 

with a request from the Wisconsin 

Department of Natural Resources 

(WDNR) to redesignate the area to 

attainment for the 2015 ozone NAAQS, 

because the request meets the statutory 

requirements for redesignation under 

the Clean Air Act (CAA). Also, EPA is 

proposing to approve WDNR’s 

certification that its stationary annual 

emissions statement regulation, which 

has been previously approved by EPA 

under a prior ozone standard, satisfies 

the CAA emission statement rule 

requirement for the 2015 ozone 

standard. WDNR submitted these 

requests on August 3, 2020 and October 

29, 2021. EPA is also proposing to 

approve, as a revision to the Wisconsin 

State Implementation Plan (SIP), the 

State’s plan for maintaining the 2015 

ozone NAAQS through 2033 in the 

Manitowoc area. EPA also finds 

adequate and is proposing to approve 

Wisconsin’s 2025 and 2033 volatile 

organic compound (VOC) and oxides of 

nitrogen (NOX) Motor Vehicle Emission 

Budgets (MVEBs) for the Manitowoc 

area. Finally, these revisions satisfy the 

emissions inventory requirements for 

the partial Manitowoc area under the 

2015 ozone NAAQS. The CAA requires 

emission inventories for all areas that 

were designated nonattainment. 

DATES: Comments must be received on 

or before March 3, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2020–0410 and EPA–R05–OAR– 

2021–0141 at https://

www.regulations.gov or via email to 

blakley.pamela@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 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Emily Crispell, Environmental Scientist, 

Control Strategies Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–8512, crispell.emily@

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. 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 WDNR’s 

redesignation request? 

A. Has the Manitowoc area attained the 

2015 ozone NAAQS? 

B. Has WDNR met all applicable 

requirements of section 110 and part D 

of the CAA for the Manitowoc area, and 

does Wisconsin have a fully approved 

SIP for the area under section 110(k) of 

the CAA? 

C. Are the air quality improvements in the 

Manitowoc area due to permanent and 

enforceable emission reductions? 

D. Does WDNR have a fully approvable 

ozone maintenance plan for the 

Manitowoc area? 

V. Has the state adopted approvable motor 

vehicle emission budgets? 

A. Motor Vehicle Emission Budgets 

B. What is the status of EPA’s adequacy 

determination for the proposed VOC and 

NOX MVEBs for the Manitowoc area? 

C. What is a safety margin? 

VI. Emissions Statement and Inventories 

A. Emissions Statement 

B. Emissions Inventories 

VII. Proposed Actions 

VIII. Statutory and Executive Order Reviews 


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1The ozone season is defined by the state in 40 

CFR 58 appendix D. The ozone season for 

Wisconsin is March–October 15. See 80 FR 65292, 

65466–67 (October 26, 2015). 

I. What is EPA proposing? 

EPA is proposing to take several 

related actions. EPA is proposing to 

determine that the Manitowoc 

nonattainment area is attaining the 2015 

ozone NAAQS, based on quality-assured 

and certified monitoring data for 2018– 

2020, and that this area 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 Manitowoc area from 

nonattainment to attainment for the 

2015 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 area. The 

maintenance plan is designed to keep 

the Manitowoc area in attainment of the 

2015 ozone NAAQS through 2033. EPA 

also finds adequate and is proposing to 

approve the newly-established 2025 and 

2033 MVEBs for the Manitowoc area. 

Finally, EPA is proposing to approve 

WDNR’s stationary annual emissions 

statement regulation and base year 

emissions inventory for the Manitowoc 

area. 

II. What is the background for these 

actions? 

EPA has determined that ground-level 

ozone is detrimental to human health. 

On October 1, 2015, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.070 

parts per million (ppm). See 80 FR 

65292 (October 26, 2015). Under EPA’s 

regulations at 40 CFR part 50, the 2015 

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 0.070 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 Manitowoc 

area was originally designated as a 

marginal nonattainment area for the 

2015 ozone NAAQS on June 4, 2018 (83 

FR 25776) (effective August 3, 2018). On 

June 14, 2021, EPA published a final 

rule revising the 2015 ozone NAAQS 

designations for 13 counties, including 

Manitowoc County (86 FR 31438). 

EPA’s revised designations expanded 

the nonattainment area in Manitowoc 

County to include a larger part of the 

county’s shoreline area. WDNR’s 

October 29, 2021 submittal included 

revised emissions inventories and a 

redesignation request for the expanded 

geographic boundaries of the 

Manitowoc County nonattainment area 

that reflects the changes EPA made to 

the area in June 2021. 

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 WDNR’s 

redesignation request? 

A. Has the Manitowoc area attained the 

2015 ozone NAAQS? 

For redesignation of a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the area has 

attained the applicable NAAQS (CAA 

section 107(d)(3)(E)(i)). An area is 

attaining the 2015 ozone NAAQS if it 

meets the 2015 ozone NAAQS, as 

determined in accordance with 40 CFR 

50.15 and appendix U 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 0.070 

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 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% of the days within the ozone 

monitoring seasons,1 on average, for the 

3-year period, with a minimum data 

completeness of 75% during the ozone 


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2The monitor ozone design value for the monitor 

with the highest 3-year averaged concentration. 

monitoring season of any year during 

the 3-year period. See section 4 of 

appendix U to 40 CFR part 50. 

EPA has reviewed the available ozone 

monitoring data from monitoring sites 

in the Manitowoc area for the 2018– 

2020 period submitted with this request, 

in addition to the more recent 2019– 

2021 period. These data have been 

quality-assured, are recorded in the 

AQS, and have been certified. These 

data demonstrate that the Manitowoc 

area is attaining the 2015 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 HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGE OF THE

FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE MANITOWOC AREA

County Monitor Year % Observed Fourth high 

(ppm) 

2018–2020 

average 

(ppm) 

2019–2021 

average 

(ppm) 

Manitowoc ............................................. 55–071–0007 ... 2018 99 0.076 0.070 0.068 

2019 99 0.066 

2020 92 0.069 

2021 99 0.070 

The Manitowoc area’s 3-year ozone 

design value for 2018–2020 is 0.070 

ppm 2 and 0.068 for the 2019–2021 

period, both which meet the 2015 ozone 

NAAQS. Therefore, in this action, EPA 

proposes to determine that the 

Manitowoc area is attaining the 2015 

ozone NAAQS. 

If the design value of a monitoring site 

in the area violates the NAAQS after 

proposal but prior to final approval of 

the redesignation, EPA will not take 

final action to determine that the 

Manitowoc area is attaining the NAAQS 

or to approve the redesignation of this 

area. As discussed in section IV.D.3. 

below, WDNR has committed to 

continue monitoring ozone in this area 

to verify maintenance of the 2015 ozone 

NAAQS. 

B. Has WDNR met all applicable 

requirements of section 110 and part D 

of the CAA for the Manitowoc area, and 

does Wisconsin have a fully approved 

SIP for the area 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 a 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 a 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 WDNR 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 2015 ozone NAAQS). 

Additionally, EPA finds that all 

applicable requirements of the 

Wisconsin SIP for the area have been 

fully approved under section 110(k) of 

the CAA. In making these 

determinations, EPA ascertained which 

CAA requirements are applicable to the 

Manitowoc area 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 currently 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 

after 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). 

1. WDNR Has Met All Applicable 

Requirements of Section 110 and Part D 

of the CAA Applicable to the 

Manitowoc Area 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 a 

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 


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3On October 27, 1992 (63 FR 57356), EPA issued 

a NOX SIP call requiring the District of Columbia 

and 22 states to reduce emissions of NOX in order 

to reduce the transport of ozone and ozone 

precursors. 

4On September 14, 2018, WDNR submitted an 

infrastructure SIP to meet the requirements of 

section 110 for the 2015 ozone NAAQS. The 

requirements of section 110(a)(2), however, are 

statewide requirements that are not linked to the 

2015 ozone NAAQS nonattainment status of the 

Manitowoc area. Therefore, EPA concludes that 

these infrastructure requirements are not applicable 

requirements for purposes of review of the State’s 

2015 ozone NAAQS redesignation request. 

5CAA 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. 

air pollutants, e.g., NOX SIP call.3

However, like many of the 110(a)(2) 

requirements, the section 110(a)(2)(D) 

SIP requirements are not linked with a 

particular area’s ozone designation and 

classification. EPA concludes that the 

SIP requirements linked with an area’s 

ozone designation and classification are 

the relevant measures to evaluate when 

reviewing a redesignation request for an 

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. An area will still be 

subject to these requirements after such 

area is redesignated to attainment of the 

2015 ozone NAAQS. The section 110 

and part D requirements, which 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-AkronLoraine, 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.4

b. Part D Requirements 

Section 172(c) of the CAA sets forth 

the basic requirements of air quality 

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 Manitowoc area was classified as 

marginal under subpart 2 for the 2015 

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 

section 182(a) (marginal 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. For the Manitowoc 

nonattainment area, SIPs required under 

CAA section 172 were due August 3, 

2021. Section 172(c)(3) requires 

submittal and approval of a 

comprehensive, accurate and complete 

inventory of actual emissions for the 

area. This requirement was superseded 

by the inventory requirement in Section 

182(a)(1), discussed further in Section 

iii. Section 182(a) Requirements. 

Section 172(c)(4) requires the 

identification and quantification of 

allowable emissions for major new and 

modified stationary sources in an area. 

Section 172(c)(5) requires permits for 

the construction and operation of new 

and modified major stationary sources 

in the nonattainment area. EPA has 

previously approved WDNR’s NSR 

program on January 18, 1995 (60 FR 

3538). However, EPA has determined 

that, since PSD requirements will apply 

after redesignation, areas being 

redesignated need not comply with the 

requirement that a 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.’’ WDNR 

has demonstrated that the Manitowoc 

area will be able to maintain the 2015 

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). WDNR’s PSD program will 

become effective in the Manitowoc area 

upon redesignation to attainment. EPA 

approved WDNR’s PSD program on 

October 6, 2014 (79 FR 60064) and 

February 7, 2017 (82 FR 9515). 

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 5 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 


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(December 7, 1995) (redesignation of 

Tampa, Florida). 

iii. Section 182(a) 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 within two years of 

designation. For the Manitowoc area, 

this submission was due August 3, 

2020. WDNR submitted an emissions 

inventory that meets the requirements of 

Section 182(a)(1) in this redesignation 

request. 

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 reasonably available 

control technology (RACT) rules that 

were required under section 172(b)(3) 

prior to the 1990 CAA amendments. The 

Manitowoc area is not subject to the 

section 182(a)(2) RACT ‘‘fix up’’ 

requirement for the 2015 ozone NAAQS 

because it was designated as 

nonattainment for this standard after the 

enactment of the 1990 CAA 

amendments and because WDNR 

complied with this requirement for the 

Manitowoc area under the prior 1-hour 

ozone NAAQS. See 68 FR 18883 (June 

16, 2003). 

Section 182(a)(2)(B) requires each 

state with a marginal ozone 

nonattainment area that implemented or 

was required to implement a vehicle 

inspection and maintenance (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 2015 ozone NAAQS and 

the consideration of WDNR’s 

redesignation request for this standard, 

the Manitowoc area is not subject to the 

section 182(a)(2)(B) requirement 

because the Manitowoc area was 

designated as nonattainment for the 

2015 ozone NAAQS after the enactment 

of the 1990 CAA amendments. 

Section 182(a)(2)(C), under the 

heading ‘‘Corrections to the State 

implementation plans—Permit 

programs’’ contains a requirement for 

states to submit NSR SIP revisions to 

meet the requirements of CAA sections 

172(c)(5) and 173 within two years after 

the date of enactment of the 1990 CAA 

Amendments. For the purposes of the 

2015 ozone NAAQS and the 

consideration of WDNR’s redesignation 

request for this standard, the Manitowoc 

area is not subject to the section 

182(a)(2)(C) requirement because the 

Manitowoc area was designated as 

nonattainment for the 2015 ozone 

NAAQS after the enactment of the 1990 

CAA amendments. 

Section 182(a)(4) specifies the 

emission offset ratio for marginal areas 

but does not establish a SIP submission 

deadline. EPA’s December 6, 2018, 

implementation rule for the 2015 ozone 

NAAQS clarifies that nonattainment 

NSR permit program requirements 

applicable to the 2015 NAAQS are due 

three years from the effective date of the 

nonattainment designation, i.e., August 

3, 2021. See 83 FR 62998, 63001. This 

approach is based on the provision in 

CAA section 172(b) requiring the 

submission of plans or plan revisions 

‘‘no later than 3 years from the date of 

the nonattainment designation.’’ These 

offset ratios are incorporated into 

Wisconsin’s Nonattainment NSR 

permitting program, which EPA 

approved on January 18, 1995 (60 FR 

3538). 

While WDNR has not submitted a 

nonattainment NSR SIP revision to 

address the 2015 ozone NAAQS, WDNR 

currently has a fully-approved part D 

NSR program in place. In addition, EPA 

approved WDNR’s PSD program on 

February 7, 2017 (82 FR 9515). As 

discussed above, WDNR has 

demonstrated that the Manitowoc area 

will be able to maintain the 2015 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. The State’s PSD 

program will become effective in the 

Manitowoc area upon redesignation to 

attainment. 

Section 182(a)(3) requires states to 

submit periodic emission inventories 

and a revision to the SIP to require the 

owners or operators of stationary 

sources to annually submit emission 

statements documenting actual VOC 

and NOX emissions. As discussed below 

in section IV.D.4. of this proposed rule, 

Wisconsin will continue to update its 

emissions inventory at least once every 

three years. Regarding stationary source 

emission statements, this submission 

was due August 3, 2020. WDNR’s 

authority under Chapter NR 438 of the 

Wisconsin Administrative Code (WAC) 

requires annual NOX and VOC emission 

reporting from any facility in the State 

that emits a pollutant above the 

thresholds specified in the code. EPA 

approved Wisconsin’s emission 

reporting program as satisfying the CAA 

emission statement requirement on 

December 6, 1993 (58 FR 64155). 

Therefore, EPA finds that the 

Manitowoc area has satisfied all 

applicable requirements for purposes of 

redesignation under section 110 and 

part D of title I of the CAA. 

2. The Manitowoc Area Has a Fully 

Approved SIP for Purposes of 

Redesignation Under Section 110(k) of 

the CAA 

At various times, WDNR has adopted 

and submitted, and EPA has approved, 

provisions addressing the various SIP 

elements applicable for the ozone 

NAAQS. As discussed above, EPA has 

fully approved the Wisconsin SIP for 

the Manitowoc area under section 

110(k) for all requirements applicable 

for purposes of redesignation under the 

2015 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), 

plus any additional measures it may 

approve in conjunction with a 

redesignation action (see 68 FR 25426 

(May 12, 2003) and citations therein). 

C. Are the air quality improvements in 

the Manitowoc 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 WDNR has 

demonstrated that that the observed 

ozone air quality improvement in the 

Manitowoc area is due to permanent 

and enforceable reductions in VOC and 

NOX emissions resulting from State and 

Federal measures adopted into the SIP. 

In making this demonstration, the 

State has calculated the change in 

emissions between 2017 and 2019. The 

reduction in emissions and the 

corresponding improvement in air 

quality over this time period can be 

attributed to a number of regulatory 

control measures that the Manitowoc 

area and upwind areas have 

implemented in recent years. In 

addition, WDNR 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 WDNR has adequately 

demonstrated that the improvement in 


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6EME Homer City Generation, L.P. v. EPA, 696 

F.3d 7, 38 (D.C. Cir. 2012). 

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). CAIR 

created regional cap-and-trade programs 

to reduce sulfur dioxide (SO2) and NOX

emissions in 27 eastern states, including 

Wisconsin, that contributed to 

downwind nonattainment and 

maintenance of the 1997 ozone NAAQS 

and the 1997 fine particulate matter 

(PM2.5) NAAQS. See 70 FR 25162 (May 

12, 2005). EPA approved WDNR’s CAIR 

regulations into the Wisconsin SIP on 

October 16, 2007 (72 FR 58542). In 

2008, the United States Court of 

Appeals for the District of Columbia 

Circuit (D.C. Circuit) initially vacated 

CAIR, North Carolina v. EPA, 531 F.3d 

896 (D.C. Cir. 2008), but ultimately 

remanded the rule to EPA without 

vacatur to preserve the environmental 

benefits provided by CAIR, North 

Carolina v. EPA, 550 F.3d 1176, 1178 

(D.C. Cir. 2008). On August 8, 2011 (76 

FR 48208), acting on the D.C. Circuit’s 

remand, EPA promulgated CSAPR to 

replace CAIR and thus addressed the 

interstate transport of emissions 

contributing to nonattainment and 

interfering with maintenance of the two 

air quality standards covered by CAIR. 

CSAPR requires substantial reductions 

of SO2 and NOX emissions from electric 

generating units (EGUs) in 28 states in 

the Eastern United States. 

The D.C. Circuit’s initial vacatur of 

CSAPR6 was reversed by the United 

States Supreme Court on April 29, 2014, 

and the case was remanded to the D.C. 

Circuit to resolve remaining issues in 

accordance with the high Court’s ruling. 

EPA v. EME Homer City Generation, 

L.P., 134 S. Ct. 1584 (2014). On remand, 

the D.C. Circuit affirmed CSAPR in most 

respects, but invalidated without 

vacating some of the CSAPR budgets as 

to a number of states. EME Homer City 

Generation, L.P. v. EPA, 795 F.3d 118 

(D.C. Cir. 2015). The remanded budgets 

include the Phase 2 NOX ozone season 

emissions budgets for Wisconsin. On 

September 7, 2016, in response to the 

remand, EPA finalized an update to 

CSAPR requiring further reductions in 

NOX emissions from EGUs beginning in 

May 2017. This final rule was projected 

to result in a 20% reduction in ozone 

season NOX emissions from EGUs in the 

eastern United States, a reduction of 

800,000 tons in 2017 compared to 2015 

levels. 

The reduction in NOX emissions from 

the implementation of CSAPR results in 

lower concentration of transported 

ozone entering the Manitowoc area 

upon implementation of the phase 2 

budgets in 2019 and throughout the 

maintenance period. 

b. 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 estimates that, when fully 

implemented in 2030, this rule will cut 

NOX and VOC emissions from light-duty 

vehicles and light-duty trucks by 

approximately 76% and 28%, 

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 

onroad emission modeling for the 

Manitowoc area, much 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. 

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 reduces 

both tailpipe and evaporative emissions 

and to further reduce the sulfur content 

in fuels. The rule will be 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% reduction from 

pre-2017’s fleet average and a 70% 

reduction in per-vehicle particulate 

matter (PM) standards. Heavy-duty 

tailpipe standards represent about a 

60% 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% reduction from 

previous standards and apply to all 

light-duty and onroad 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 onroad 

emission modeling for the Manitowoc 

area, 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 onroad 

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 2015 NOX and VOC 

emissions would decrease by 1,260,000 

tons and 54,000 tons, respectively. 

Nationally, EPA estimates 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 

onroad emission modeling for the 

Manitowoc area, 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. 

Nonroad Diesel Rule. On June 29, 

2004 (69 FR 38958), EPA issued a rule 

adopting emissions standards for 

nonroad diesel engines and sulfur 

reductions in nonroad diesel fuel. This 

rule applies to diesel engines used 

primarily in construction, agricultural, 

and industrial applications. Emission 

standards were phased in for 2008 

through 2015 model years based on 


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7https://www.epa.gov/air-emissions-modeling/ 

2011-version-63-platform. 

engine size. The SO2 limits for nonroad 

diesel fuels were phased in from 2007 

through 2012. EPA estimates that when 

fully implemented in 2030, compliance 

with this rule will cut NOX emissions 

from these nonroad diesel engines by 

approximately 90%. As projected by 

these estimates and demonstrated in the 

nonroad emission modeling for the 

Manitowoc area, some of these emission 

reductions occurred by the attainment 

years and additional emission 

reductions will occur throughout the 

maintenance period. 

Nonroad 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 groundservice equipment; recreational vehicles 

such as off-highway motorcycles, allterrain vehicles, and snowmobiles; and 

recreational marine diesel engines. 

These emission standards were phased 

in from model year 2004 through 2012. 

When fully implemented in 2030, EPA 

estimates an overall 72% reduction in 

VOC emissions from these engines and 

an 80% reduction in NOX emissions. As 

projected by these estimates and 

demonstrated in the nonroad emission 

modeling for the Manitowoc area, 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% reduction in NOX emissions 

from these engines by 2030. Final Tier 

3 emission standards apply beginning in 

2016 and are expected to result in 

approximately an 80% reduction in 

NOX from these engines by 2030. As 

projected by these estimates and 

demonstrated in the nonroad emission 

modeling for the Manitowoc area, some 

of these emission reductions occurred 

by the attainment years and additional 

emission reductions will occur 

throughout the maintenance period. 

2. Emission Reductions 

WDNR is using a 2017 emissions 

inventory as the nonattainment year. 

This is appropriate because it was one 

of the years used to designate the area 

as nonattainment. WDNR is using 2019 

as the attainment year, which is 

appropriate because it is one of the 

years in the 2018–2020 period used to 

demonstrate attainment. 

Area and nonroad mobile emissions 

were collected from data available on 

EPA’s Air Emissions Modeling and 

National Emissions Inventory websites.7

Using 2017 National Emissions 

Inventory (NEI) and Emissions 

Modeling platform 2016v1, WDNR 

collected data for the 2017 NEI year, and 

the 2023 projected inventory. 2017 

emissions were assumed to be 

equivalent to the 2017 NEI emissions. 

2019 emissions were derived by 

interpolating between 2017 and 2023 

(2017 NEI and 2016v1). 

WDNR compiled 2017 and 2019 

actual point source emissions from state 

inventory databases. Tons per summer 

day (TPSD) emissions were then derived 

by using emissions from the third 

quarter of the calendar year (i.e., July 1 

to September 30) to represent the typical 

ozone season day emissions for these 

sources and applying a conversion 

factor to the annual emissions to 

account for ozone season work weekday 

emissions being higher if a facility only 

operates during the work week (i.e., five 

days) instead of the entire week (i.e., 

seven days). 

Onroad mobile source emissions were 

calculated from emission factors 

produced by EPA’s Motor Vehicle 

Emission Simulator model, MOVES 

3.0.1, and transportation data developed 

by the Wisconsin Department of 

Transportation. 

Using the inventories described 

above, WDNR’s submittal documents 

changes in VOC and NOX emissions 

from 2017 to 2019 for the Manitowoc 

area. Emissions data are shown in 

Tables 2 through 6. 

TABLE 2—MANITOWOC AREA NOX EMISSIONS FOR NONATTAINMENT YEAR 2017 

[TPSD] 

County Point Area Nonroad Onroad Total 

Manitowoc ............................................................................ 1.83 0.75 1.05 1.76 5.39 

TABLE 3—MANITOWOC AREA VOC EMISSIONS FOR NONATTAINMENT YEAR 2017 

[TPSD] 

County Point Area Nonroad Onroad Total 

Manitowoc ............................................................................ 1.33 2.56 0.67 0.68 5.23 

TABLE 4—MANITOWOC AREA NOX EMISSIONS FOR ATTAINMENT YEAR 2019 

[TPSD] 

County Point Area Nonroad Onroad Total 

Manitowoc ............................................................................ 2.22 0.71 0.98 1.38 5.30 


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TABLE 5—MANITOWOC AREA VOC EMISSIONS FOR ATTAINMENT YEAR 2019 

[TPSD] 

County Point Area Nonroad Onroad Total 

Manitowoc ............................................................................ 1.18 2.45 0.61 0.57 4.82 

TABLE 6—CHANGE IN NOX AND VOC EMISSIONS IN THE MANITOWOC AREA BETWEEN 2017 AND 2019 

[TPSD] 

NOX VOC 

2017 2019 Net change 

(2017–2019) 2017 2019 Net change (2017–2019) 

Point ......................................................... 1.83 2.22 0.39 1.33 1.18 ¥0.15 

Area .......................................................... 0.75 0.71 ¥0.04 2.56 2.45 ¥0.11 

Nonroad ................................................... 1.05 0.98 ¥0.07 0.67 0.61 ¥0.06 

Onroad ..................................................... 1.76 1.38 ¥0.38 0.68 0.57 ¥0.11 

Total .................................................. 5.39 5.30 ¥0.09 5.23 4.82 ¥0.41 

As shown in Table 6, NOX and VOC 

emissions in the Manitowoc area 

declined by 0.09 TPSD and 0.41 TPSD, 

respectively, between 2017 and 2019. 

3. Meteorology 

WDNR analyzed the maximum fourthhigh 8-hour ozone values for May, June, 

July, August, and September, for years 

2000 to 2019, to further support 

WDNR’s demonstration that the 

improvement in air quality between the 

year violations occurred and the year 

attainment was achieved, is due to 

permanent and enforceable emission 

reductions and not unusually favorable 

meteorology. 

First, the maximum 8-hour ozone 

concentration at the monitor in the 

Manitowoc area was compared to the 

number of days where the maximum 

temperature was greater than or equal to 

80 °F. While there is a clear trend in 

decreasing ozone concentrations at the 

monitor, there is no such trend in the 

temperature data. 

WDNR also examined the relationship 

between the average summer 

temperature for each year of the 2000– 

2019 period and the fourth-high 8-hour 

ozone concentration. Given the 

similarity of ozone concentrations 

observed at the monitor and the regional 

nature of ozone formation, WDNR 

conducted this analysis using the 

average fourth-high 8-hour ozone 

concentration from the Manitowoc 

monitor. 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 2019 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 Manitowoc area, 

and not unusually favorable summer 

temperatures. 

As discussed above, WDNR identified 

numerous Federal rules that resulted in 

the reduction of VOC and NOX

emissions from 2017 to 2019. In 

addition, WDNR’s analyses of 

meteorological variables associated with 

ozone formation demonstrate that the 

improvement in air quality in the 

Manitowoc area between the year 

violations occurred and the year 

attainment was achieved is not due to 

unusually favorable meteorology. 

Therefore, EPA finds that WDNR has 

shown that the air quality 

improvements in the Manitowoc area 

are due to permanent and enforceable 

emissions reductions. 

D. Does WDNR have a fully approvable 

ozone maintenance plan for the 

Manitowoc area? 

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 assure 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 Manitowoc area to 

attainment for the 2015 ozone NAAQS, 

WDNR submitted a SIP revision to 

provide for maintenance of the 2015 

ozone NAAQS through 2033, more than 

10 years after the expected effective date 

of the redesignation to attainment. As 

discussed below, EPA proposes to find 

that WDNR’s ozone maintenance plan 

includes the necessary components and 

approve the maintenance plan as a 

revision of the Wisconsin SIP. 

1. Attainment Inventory 

EPA is proposing to determine that 

the Manitowoc area has attained the 

2015 ozone NAAQS based on 

monitoring data for the period of 2018– 

2020. WDNR 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 Manitowoc area that 

are sufficient to attain the 2015 ozone 

NAAQS. The derivation of the 


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attainment year emissions was 

discussed above in section IV.C.2. of 

this proposed rule. The attainment level 

emissions, by source category, are 

summarized in Tables 4 and 5 above. 

2. Has the State documented 

maintenance of the ozone standard in 

the Manitowoc area? 

WDNR has demonstrated 

maintenance of the 2015 ozone NAAQS 

through 2033 by ensuring that current 

and future emissions of VOC and NOX

for the Manitowoc area 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). 

WDNR is using emissions inventories 

for the years 2025 and 2033 to 

demonstrate maintenance. 2033 is more 

than 10 years after the expected 

effective date of the redesignation to 

attainment and 2025 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. 

Point, area, and nonroad mobile 

emissions were collected from data 

available on EPA’s Air Emissions 

Modeling website. Using Emissions 

Modeling platform 2016v1, WDNR 

collected data for the 2023 and 2028 

projected inventories. TPSD emissions 

were then derived by dividing July 

emissions by the number of days in July. 

For interim year 2023, version 2023el 

was used without modification except 

for adjustments to emissions for ten 

point sources, based on more recent 

source specific information. 2030 

emissions were derived by linearly 

extrapolating from 2016 to 2028. As 

with the 2023 inventory, adjustments 

were made to the emissions for ten 

point sources based on more recent 

source specific information. 

Onroad mobile source emissions were 

developed through the combined effort 

of WDNR and Wisconsin Department of 

Transportation and were calculated 

from emission factors produced by 

EPA’s MOVES 3.0.1 model and data 

extracted from the region’s traveldemand model. Emissions data are 

shown in Tables 7 through 11 below. 

TABLE 7—MANITOWOC AREA NOX EMISSIONS FOR INTERIM MAINTENANCE YEAR 2025 

[TPSD] 

County Point Area Nonroad Onroad Total 

Manitowoc ............................................................................ 2.52 0.63 0.84 0.91 4.90 

TABLE 8—MANITOWOC AREA VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2025 

[TPSD] 

County Point Area Nonroad Onroad Total 

Manitowoc ............................................................................ 1.36 2.25 0.53 0.47 4.60 

TABLE 9—MANITOWOC AREA NOX EMISSIONS FOR MAINTENANCE YEAR 2033 

[TPSD] 

County Point Area Nonroad Onroad Total 

Manitowoc ............................................................................ 2.55 0.61 0.80 0.61 4.56 

TABLE 10—MANITOWOC AREA VOC EMISSIONS FOR MAINTENANCE YEAR 2033 

[TPSD] 

County Point Area Nonroad Onroad Total 

Manitowoc ............................................................................ 1.41 2.35 0.50 0.32 4.58 

TABLE 11—CHANGE IN NOX AND VOC EMISSIONS IN THE MANITOWOC AREA BETWEEN 2019 AND 2033 

[TPSD] 

NOX VOC 

2019 2025 2033 Net change 

(2019–2033) 2019 2025 2033 Net change (2019–2033) 

Point ......................... 2.22 2.52 2.55 0.33 1.18 1.36 1.41 0.23 

Area .......................... 0.71 0.63 0.61 ¥0.10 2.45 2.25 2.35 ¥0.10 

Nonroad ................... 0.98 0.84 0.80 ¥0.18 0.61 0.53 0.50 ¥0.11 

Onroad ..................... 1.38 0.91 0.61 ¥0.77 0.57 0.47 0.32 ¥0.25 

Total .................. 5.30 4.90 4.56 ¥0.74 4.82 4.60 4.58 ¥0.24 


tkelley on DSK125TN23PROD with PROPS1
Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules 5447 

In summary, WDNR’s maintenance 

demonstration for the Manitowoc area 

shows maintenance of the 2015 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 taking into 

account both future source growth and 

implementation of future controls. Table 

11 shows NOX and VOC emissions in 

the Manitowoc area are projected to 

decrease by 0.74 TPSD and 0.24 TPSD, 

respectively, between 2019 and 2033. 

3. Continued Air Quality Monitoring 

WDNR has committed to continue to 

operate the ozone monitors listed in 

Table 1 above. WDNR has committed to 

consult with EPA prior to making 

changes to the existing monitoring 

network should changes become 

necessary in the future. WDNR remains 

obligated to meet monitoring 

requirements and continue to quality 

assure monitoring data in accordance 

with 40 CFR part 58, and to enter all 

data into the AQS in accordance with 

Federal guidelines. 

4. Verification of Continued Attainment 

The State of Wisconsin has confirmed 

that it has the legal authority to enforce 

and implement the requirements of the 

maintenance plan for the Manitowoc 

area. 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. WDNR will 

continue to operate the current ozone 

monitors located in the Manitowoc area. 

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, WDNR will continue to 

develop and submit to EPA updated 

emission inventories for all source 

categories at least once every 3 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 

(AERR) on December 17, 2008 (73 FR 

76539). The most recent triennial 

inventory for Wisconsin was compiled 

for 2017. Point source facilities covered 

by WDNR’s emission statement rule, 

WAC Chapter NR 438, will continue to 

submit VOC and NOX emissions on an 

annual basis. 

5. What is the contingency plan for the 

Manitowoc area? 

Section 175A of the CAA requires that 

the state must adopt a maintenance 

plan, as a SIP revision, that includes 

such contingency measures as EPA 

deems necessary to assure 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 

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, WDNR has adopted a contingency 

plan for the Manitowoc area to address 

possible future ozone air quality 

problems. The contingency plan 

adopted by WDNR has two levels of 

response, a warning level response and 

an action level response. 

In WDNR’s plan, a warning level 

response will be triggered when an 

annual fourth high monitored value of 

0.070 ppm or higher is monitored 

within the maintenance area. A warning 

level response will consist of WDNR 

conducting a study to determine 

whether the ozone value indicates a 

trend toward higher ozone values or 

whether emissions appear to be 

increasing. 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. Implementation of 

necessary controls in response to a 

warning level response trigger will take 

place within 12 months from the 

conclusion of the most recent ozone 

season. 

In WDNR’s plan, an action level 

response is triggered when a three-year 

design value exceeds 0.070 ppm or 

greater is monitored within the 

maintenance area. When an action level 

response is triggered, WDNR, in 

conjunction with the metropolitan 

planning organization or regional 

council of governments, will determine 

what additional control measures are 

needed to assure future attainment of 

the 2015 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. WDNR 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. 

WDNR included the following list of 

potential contingency measures in its 

maintenance plan: 

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. 

EPA is proposing to conclude that 

WDNR’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, 

WDNR has committed to submit to EPA 

an updated ozone maintenance plan 

eight years after redesignation of the 

Manitowoc area to cover an additional 

ten years beyond the initial 10-year 

maintenance period. Thus, EPA finds 

that the maintenance plan SIP revision 

submitted by WDNR for the Manitowoc 

area 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 


tkelley on DSK125TN23PROD with PROPS1
5448 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules 

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 2015 

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 for ozone) to address pollution 

from onroad 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, 

subsequent to initially establishing a 

MVEB in the SIP. 

B. What is the status of EPA’s adequacy 

determination for the proposed VOC 

and NOX MVEBs for the Manitowoc 

area? 

When reviewing submitted control 

strategy SIPs or maintenance plans 

containing MVEBs, EPA must 

affirmatively find that the MVEBs 

contained therein are adequate for use 

in determining transportation 

conformity. Once EPA affirmatively 

finds that the submitted MVEBs are 

adequate for transportation purposes, 

the MVEBs must be used by state and 

Federal agencies in determining 

whether proposed transportation 

projects conform to the SIP as required 

by section 176(c) of the CAA. 

EPA’s substantive criteria for 

determining adequacy of a MVEB are set 

out in 40 CFR 93.118(e)(4). The process 

for determining adequacy consists of 

three basic steps: Public notification of 

a SIP submission; provision for a public 

comment period; and EPA’s adequacy 

determination. This process for 

determining the adequacy of submitted 

MVEBs for transportation conformity 

purposes was initially outlined in EPA’s 

May 14, 1999 guidance, ‘‘Conformity 

Guidance on Implementation of March 

2, 1999, Conformity Court Decision.’’ 

EPA adopted regulations to codify the 

adequacy process in the Transportation 

Conformity Rule Amendments for the 

‘‘New 8-Hour Ozone and PM2.5 National 

Ambient Air Quality Standards and 

Miscellaneous Revisions for Existing 

Areas; Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change,’’ 

on July 1, 2004 (69 FR 40004). 

Additional information on the adequacy 

process for transportation conformity 

purposes is available in the proposed 

rule titled, ‘‘Transportation Conformity 

Rule Amendments: Response to Court 

Decision and Additional Rule Changes,’’ 

68 FR 38974, 38984 (June 30, 2003). 

As discussed earlier, WDNR’s 

maintenance plan includes NOX and 

VOC MVEBs for the Manitowoc area for 

2033 and 2025, the last year of the 

maintenance period and an interim 

year. The MVEBS were clearly 

identified and precisely quantified. 

These MVEBs, when considered 

together with all other emissions 

sources, are consistent with 

maintenance of the 2015 ozone NAAQS. 

TABLE 12—MVEBS FOR THE MANITOWOC AREA

[TPSD] 

Attainment 

year 2019 

onroad 

emissions 

2025 Estimated 

onroad 

emissions 

2025 Mobile 

safety margin 

allocation 

2025 MVEBs 

2033 Estimated 

onroad 

emissions 

2033 Mobile 

safety margin 

allocation 

2033 MVEBs 

VOC ......................... 0.57 0.41 0.06 0.47 0.28 0.04 0.32 

NOX .......................... 1.38 0.79 0.12 0.91 0.53 0.08 0.61 

As shown in Table 12, the 2025 and 

2033 MVEBs exceed the estimated 2025 

and 2033 onroad sector emissions. In an 

effort to accommodate future variations 

in travel demand models and vehicle 

miles traveled forecast, WDNR allocated 

a portion of the safety margin (described 

further below) to the mobile sector. 

WDNR has demonstrated that the 

Manitowoc area can maintain the 2015 

ozone NAAQS with mobile source 

emissions at or below 0.47 TPSD and 

0.32 TPSD of VOC and 0.91 TPSD and 

0.61 TPSD of NOX in 2025 and 2033, 

respectively, since despite partial 

allocation of the safety margin, 

emissions will remain under attainment 

year emission levels. EPA finds 

adequate and is proposing to approve 

the MVEBs for use to determine 

transportation conformity in the 

Manitowoc area, because EPA has 

determined that the area can maintain 

attainment of the 2015 ozone NAAQS 

for the relevant maintenance period 

with mobile source emissions at the 

levels of the MVEBs. 

C. 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 Table 11, the emissions in the 

Manitowoc area are projected to have 

safety margins of 0.74 TPSD for NOX

and 0.24 TPSD for VOC in 2033 (the 

difference between the attainment year, 

2019, emissions and the projected 2033 

emissions for all sources in the 

Manitowoc area). Similarly, there is a 

safety margin of 0.40 TPSD for NOX and 

0.22 TPSD for VOC in 2025. 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. 


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Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules 5449 

As shown in Table 12 above, WDNR 

is allocating a portion of that safety 

margin to the mobile source sector. 

Specifically, in 2025, WDNR is 

allocating 0.06 TPSD and 0.12 TPSD of 

the VOC and NOX safety margins, 

respectively. In 2033, WDNR is 

allocating 0.04 TPSD and 0.08 TPSD of 

the VOC and NOX safety margins, 

respectively. WDNR is not requesting 

allocation to the MVEBs of the entire 

available safety margins reflected in the 

demonstration of maintenance. In fact, 

the amount allocated to the MVEBs 

represents only a small portion of the 

2025 and 2033 safety margins. 

Therefore, even though the State is 

requesting MVEBs that exceed the 

projected onroad mobile source 

emissions for 2025 and 2033 contained 

in the demonstration of maintenance, 

the permissible level of onroad mobile 

source emissions that can be considered 

for transportation conformity purposes 

is well within the safety margins of the 

ozone maintenance demonstration. 

Further, once allocated to mobile 

sources, these safety margins will not be 

available for use by other sources. 

VI. Emissions Statement and 

Inventories 

A. Emissions Statement 

Section 182(a)(3)(B) of the CAA 

requires states to include regulations in 

the SIP to require sources (source 

facilities) to submit annual statements 

characterizing sources of NOX and VOC 

emissions within the source facilities 

and to report actual NOX and VOC 

emissions for these sources. WDNR 

confirmed in its August 3, 2020 

submittal that Wisconsin’s existing 

emissions reporting rule at WAC 

Chapter NR 438, approved in 

Wisconsin’s SIP, remains in place and is 

adequate to meet the CAA section 

182(a)(3)(B) emission statement 

requirement for the 2015 ozone 

standard. EPA approved this rule into 

the Wisconsin SIP on December 6, 1993 

(58 FR 64155). This rule specifically 

requires all facilities in the state that 

emit greater than or equal to 5 tons/year 

of NOX or 3 tons/year VOC during the 

reporting year to submit annual 

emissions statements. Therefore, 

Wisconsin’s rule WAC Chapter NR 438 

meets the requirements of CAA section 

182(a)(3)(B). 

B. Emissions Inventories 

CAA sections 172(c)(3) and 182(a)(1), 

42 U.S.C. 7502(c)(3) and 7511a(a)(1), 

require states to develop and submit, as 

SIP revisions, emission inventories for 

all areas designated as nonattainment 

for any NAAQS, including the ozone 

NAAQS. An emission inventory for 

ozone is an estimation of actual 

emissions of air pollutants that 

contribute to the formation of ozone in 

an area. Ozone is a gas that is formed 

by the reaction of VOC and NOX in the 

atmosphere in the presence of sunlight 

(VOC and NOX are referred to as ozone 

precursors). Therefore, an emission 

inventory for ozone focuses on the 

emissions of VOC and NOX. VOC is 

emitted by many types of pollution 

sources, including power plants, 

industrial sources, on-road and off-road 

mobile sources, smaller stationary 

sources, collectively referred to as area 

sources, and biogenic sources. NOX is 

primarily emitted by combustion 

sources, both stationary and mobile. 

Emission inventories provide 

emissions data for a variety of air 

quality planning tasks, including 

establishing baseline emission levels 

(anthropogenic [manmade] emissions 

associated with ozone standard 

violations), calculating emission 

reduction targets needed to attain the 

NAAQS and to achieve reasonable 

further progress (RFP) toward 

attainment of the ozone standard (not 

required in the areas considered here), 

determining emission inputs for ozone 

air quality modeling analyses, and 

tracking emissions over time to 

determine progress toward achieving air 

quality and emission reduction goals. 

As stated above, the CAA requires the 

states to submit emission inventories for 

areas designated as nonattainment for 

ozone. For the 2015 ozone NAAQS, EPA 

specifies that states submit ozone season 

day emission estimates for an inventory 

calendar year to be consistent with the 

baseline year for RFP plan as required 

by 40 CFR 51.1310(b). For the RFP 

baseline year for the 2015 ozone 

NAAQS under 40 CFR 51.1310(b), states 

may use a calendar year for the most 

recently available complete triennial (3- 

year cycle) emissions inventory (40 CFR 

51, subpart A) preceding the year of the 

area’s effective date of designation as a 

nonattainment area. (83 FR 63034– 

63035, December 6, 2018). States are 

required to submit estimates of VOC and 

NOX emissions for four general classes 

of anthropogenic sources: Stationary 

point sources; area sources; onroad 

mobile sources; and nonroad mobile 

sources. 

WDNR provided documentation of a 

2017 NOX and VOC base year emissions 

inventory requirement for the partial 

Manitowoc, nonattainment area in their 

October 29, 2021 submittal. WDNR 

selected 2017 because this was one of 

the three years of ozone data indicating 

a violation of the ozone standard that 

were used to designate the areas as 

nonattainment for the 2015 ozone 

NAAQS. 83 FR 25778, 25779. In 

addition, the 2017 emissions inventory 

was the most recent comprehensive, 

accurate, and quality assured (QA) 

triennial emissions inventory in the NEI 

database, available at the time the state 

began preparing the emissions inventory 

submittal for the partial Manitowoc 

area. Tables 2 and 3 summarize the 2017 

NOX and VOC emissions for partial 

Manitowoc area in tons of emissions per 

ozone season day. 

EPA has reviewed WDNR’s requested 

SIP revision for consistency with 

sections 172(c)(3) CAA and 182(a)(1) of 

the CAA and with EPA’s emission 

inventory requirements. In particular, 

EPA has reviewed the techniques used 

by WDNR to derive and quality assure 

the emission estimates. EPA has also 

considered whether Wisconsin has 

provided the public with the 

opportunity to review and comment on 

the development of the emission 

estimates, whether Wisconsin has 

confirmed that source facility emission 

statements are required for the 2015 

ozone standard, and whether the state 

has addressed all public comments. 

WDNR documented the procedures 

used to estimate the emissions for each 

of the major source types. The 

documentation of the emission 

estimation procedures is thorough and 

is adequate for EPA to determine that 

Wisconsin followed acceptable 

procedures to estimate the emissions. 

Accordingly, we conclude that 

Wisconsin has developed inventories of 

NOX and VOC emissions that are 

comprehensive and complete. 

VII. Proposed Actions 

EPA is proposing to determine that 

the Manitowoc nonattainment is 

attaining the 2015 ozone NAAQS, based 

on quality-assured and certified 

monitoring data for 2018–2020 showing 

that the area 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 Manitowoc area from 

nonattainment to attainment for the 

2015 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 Manitowoc area in attainment of the 

2015 ozone NAAQS through 2033. EPA 

also finds adequate and is proposing to 

approve the newly-established 2025 and 

2033 MVEBs for the Manitowoc area. 

EPA also proposes to approve the base 

year emissions inventories for the 

partial Manitowoc area under the 2015 

ozone NAAQS. Finally, we are also 


tkelley on DSK125TN23PROD with PROPS1
5450 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules 

confirming that Wisconsin has 

acceptable and enforceable annual 

emission statement regulations for the 

2015 ozone standard. 

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 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 NAAQS 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: January 25, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2022–01943 Filed 1–31–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R05–RCRA–2021–0374; FRL–9466– 

01–R5] 

Illinois: Proposed Authorization of 

State Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Illinois has applied to the 

Environmental Protection Agency (EPA) 

for final authorization of changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA), as amended. EPA has 

reviewed Illinois’ application and has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization. Therefore, we are 

proposing to authorize the State’s 

changes. EPA seeks public comment 

prior to taking final action. 

DATES: Comments on this proposed rule 

must be received by March 18, 2022. 

ADDRESSES: Submit your comments by 

one of the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Email: Gonzalez.norberto@epa.gov. 

EPA must receive your comments by 

March 18, 2022. Direct your comments 

to Docket ID Number EPA–R05–RCRA– 

2021–0374. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI), or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov, 

or email. The Federal 

www.regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional submission 

methods, 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/commentingepa-dockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 


tkelley on DSK125TN23PROD with PROPS1