Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules 5435 

Clarity of the Regulations 

Executive Order 12866 and the 

Presidential memorandum ‘‘Plain 

Language in Government Writing’’ 

require each agency to write regulations 

that are easy to understand. 

The Secretary invites comments on 

how to make the proposed priority 

easier to understand, including answers 

to questions such as the following: 

• Are the requirements in the 

proposed regulations clearly stated? 

• Do the proposed regulations contain 

technical terms or other wording that 

interferes with their clarity? 

• Does the format of the proposed 

regulations (grouping and order of 

sections, use of headings, paragraphing, 

etc.) aid or reduce their clarity? 

• Would the proposed regulations be 

easier to understand if we divided them 

into more (but shorter) sections? 

• Could the description of the 

proposed regulations in the 

SUPPLEMENTARY INFORMATION section of 

this preamble be more helpful in 

making the proposed regulations easier 

to understand? If so, how? 

• What else could we do to make the 

proposed regulations easier to 

understand? 

To send any comments that concern 

how the Department could make these 

proposed regulations easier to 

understand, see the instructions in the 

ADDRESSES section. 

Regulatory Flexibility Act 

Certification: The Secretary certifies that 

this proposed regulatory action would 

not have a significant economic impact 

on a substantial number of small 

entities. The U.S. Small Business 

Administration Size Standards define 

‘‘small entities’’ as for-profit or 

nonprofit institutions with total annual 

revenue below $7,000,000 or, if they are 

institutions controlled by small 

governmental jurisdictions (that are 

comprised of cities, counties, towns, 

townships, villages, school districts, or 

special districts), with a population of 

less than 50,000. 

Participation in the SPDG program is 

voluntary. In addition, the only eligible 

entities for this program are SEAs, 

which do not meet the definition of a 

small entity. For these reasons, the 

proposed priority would not impose any 

additional burden on small entities. 

We invite comments from small 

eligible entities as to whether they 

believe this proposed regulatory action 

would have a significant economic 

impact on them and, if so, request 

evidence to support that belief. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document and a copy of the 

application package in an accessible 

format. The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Katherine Neas, 

Deputy Assistant Secretary, Delegated the 

authority to perform the functions and duties 

of the Assistant Secretary for the Office of 

Special Education and Rehabilitative 

Services. 

[FR Doc. 2022–01802 Filed 1–31–22; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2021–0775; FRL–9330–01– 

R8] 

Approval and Promulgation of 

Implementation Plans; Utah; 

Emissions Statement Rule and 

Nonattainment New Source Review 

Requirements for the 2015 8-Hour 

Ozone National Ambient Air Quality 

Standard for the Uinta Basin, Northern 

Wasatch Front and Southern Wasatch 

Front Nonattainment Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

state implementation plan (SIP) 

revisions submitted by the State of Utah. 

The revisions fulfill the emissions 

statement and nonattainment new 

source review (NNSR) requirements for 

the 2015 8-hour ozone national ambient 

air quality standard (NAAQS) for the 

Uinta Basin, Northern Wasatch Front, 

and Southern Wasatch Front 

nonattainment areas (NAAs). Utah 

submitted an emissions statement rule 

revision and a separate NNSR 

certification to meet, in part, the 

nonattainment requirements for 

Marginal ozone NAAs under the 2015 8- 

hour ozone NAAQS. The State’s 

submission of the emissions statement 

rule revision also included revisions to 

emissions reporting requirements for 

stationary sources, which will be 

addressed in this proposed rule as well. 

The EPA is taking this action pursuant 

to sections 110, 172, and 182 of the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before March 3, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2021–0775, to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The 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 


tkelley on DSK125TN23PROD with PROPS1
5436 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules 

1Revisions to the National Ambient Air Quality 

Standards for Photochemical Oxidants, 44 FR 8202 

(Feb. 8, 1979). 

2National Ambient Air Quality Standards for 

Ozone, 62 FR 38856. 

3National Ambient Air Quality Standards for 

Ozone, 73 FR 16436 (March 27, 2008). 

4National Ambient Air Quality Standards for 

Ozone, 80 FR 65292. 

5Additional Air Quality Designations for the 

2015 Ozone National Ambient Air Quality 

Standards, 83 FR 25776 (June 4, 2018). 

6 42 U.S.C. 7511a(a)(3)(B)(i) 

7 42 U.S.C. 7511a(a)(3)(B)(ii) 

8 Id. 7502(c)(5); Id. 7502(b). 

9 Id. 7511a(a)(1). 

10Approval and Promulgation of Implementation 

Plans; Utah; 2017 Base Year Inventories for the 

2015 8-Hour Ozone National Ambient Air Quality 

Standard for the Uinta Basin, Northern Wasatch 

Front and Southern Wasatch Front Nonattainment 

Areas, 86 FR 35404 (July 7, 2021). 

11Letter dated October 28, 2020, from Gary R. 

Herbert, Governor, State of Utah, to Gregory Sopkin, 

Regional Administrator, EPA, Region 8. 

12Utah, Utah Administrative Documentation, 

R307–150. Permit: Emission Inventories, November 

2020 (‘‘UT Emissions Inventory SIP Revision’’). 

13When we describe changes as clerical in this 

proposed action, we are referring to changes such 

as section renumbering; alphabetizing of 

definitions; minor grammatical, editorial, and 

typographical revisions; and changes in 

capitalization. 

you wish to make. The 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, 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. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of the 

docket. Please email or call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section if you need to make 

alternative arrangements for access to 

the docket. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Lang, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–6709, 

email address: lang.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

Ground-level ozone is formed when 

nitrogen oxides (NOX) and volatile 

organic compounds (VOCs) react in the 

presence of sunlight. Referred to as 

ozone precursors, these two pollutants 

are emitted by many types of pollution 

sources, including motor vehicles, 

power plants, industrial facilities, and 

area wide sources, such as consumer 

products and lawn and garden 

equipment. Scientific evidence 

indicates that adverse public health 

effects may occur following exposure to 

ozone pollution. These effects are more 

pronounced in children and adults with 

lung disease. Breathing air containing 

ozone can reduce lung function and 

inflame airways, which can increase 

respiratory symptoms and aggravate 

asthma or other lung diseases. In 1979, 

in response to this scientific evidence, 

the EPA promulgated the first ozone 

NAAQS, the 0.12 part per million (ppm) 

1-hour ozone NAAQS.1 The EPA had 

previously promulgated a NAAQS for 

total photochemical oxidants. 

On July 18, 1997, the EPA 

promulgated a revised ozone NAAQS of 

0.08 ppm, averaged over eight hours.2

The EPA determined this standard to be 

more protective of public health than 

the previous 1979 1-hour ozone 

standard. In 2008, the EPA revised the 

8-hour ozone NAAQS from 0.08 to 0.075 

ppm.3 On October 26, 2015, the EPA 

again strengthened the 8-hour ozone 

NAAQS to 0.070 ppm, based on 

extensive scientific evidence about 

ozone’s effects on public health and 

welfare.4 Effective August 3, 2018, the 

EPA designated the Uinta Basin, 

Northern Wasatch Front, and Southern 

Wasatch Front areas as Marginal 

nonattainment for the more stringent 

2015 8-hour ozone NAAQS.5

The Uinta Basin NAA is comprised of 

portions of Duchesne and Uintah 

Counties. The Northern Wasatch Front 

NAA includes Salt Lake, Davis, and 

portions of Weber and Tooele Counties. 

The Southern Wasatch Front NAA is 

comprised of only a portion of Utah 

County. 

Under section 182(a)(3)(B) of the 

CAA, Utah is required to implement an 

emissions statement rule in its Marginal 

NAAs that requires the owner or 

operator of each stationary source of 

NOX or VOCs to provide the state with 

an annual statement showing the actual 

emissions of NOX and VOCs from the 

source.6 This requirement may be 

waived for any class or category of 

stationary sources which emit less than 

25 tons per year of NOX or VOCs if the 

state includes these emissions in the 

base year or periodic emissions 

inventories.7 Under section 172(c)(5) 

and 172(b) of the CAA, Utah is required 

to have implemented a NNSR permit 

program within three years from the 

effective date of designation.8 In 

addition to these two requirements, 

Utah is required to submit a base year 

emissions inventory of NOX and VOCs 

for its Marginal NAAs under section 

182(a)(1) of the CAA.9 These three 

requirements together constitute the 

Marginal SIP. EPA has previously 

approved Utah’s base year emissions 

inventory in the Uinta Basin, Northern 

Wasatch Front and Southern Wasatch 

Front NAAs.10 With the proposed 

approval of the State’s emissions 

statement rule revisions and NNSR 

certification, which are the subject of 

this action, Utah will have met all 

requirements for its Marginal NAAs 

under the 2015 8-hour ozone NAAQS. 

II. Summary of SIP Revision 

A. Emission Inventories Rule Revision 

On November 3, 2020, the Utah 

Division of Air Quality (UDAQ) 

submitted a SIP revision titled ‘‘R307– 

150. Permit: Emission Inventories’’ 

which includes provisions to satisfy the 

emissions statement requirement under 

CAA section 182(a)(3)(B).11 Utah met 

the reasonable notice and public hearing 

requirements of CAA section 110(a) for 

the revision to its emissions inventory 

requirements through reasonable notice 

posted on July 1, 2020, and notice of a 

public hearing for August 3, 2020.12

Utah’s emissions inventory SIP revision 

describes two changes to Rule R307–150 

of the Utah Administrative Code (UAC). 

The first change converts summary-only 

emissions inventory reports to detailed 

reports and the second introduces 

reporting requirements specific to 

sources in ozone NAAs. Additional 

minor clerical revisions that do not 

affect the substance of the requirements 

of the rule were made throughout Rule 

R307–150 and are also being proposed 

for approval except for those in Section 

R307–150–8 as well as those in 

Subsection R307–150–3(4) which 

contain revisions that have not been 

incorporated into the Utah SIP.13 The 

clerical revisions that are included in 

these unincorporated sections of Rule 

R307–150 will be addressed in a future 

action. 


tkelley on DSK125TN23PROD with PROPS1
Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules 5437 

14UT Emissions Inventory SIP Revision at 69, 73, 

75, 97. 

15 Id. at 69. 

16 Id. at 73, 75. 

17 Id. at 76. 

18 Id. at 73. 

19Submittal with letter dated July 29, 2021, from 

Kimberly Shelley, Executive Director, Utah 

Department of Environmental Quality, to Debra 

Thomas, Acting Regional Administrator, EPA, 

Region 8 (‘‘UT NNSR Certification’’). 

20UT NNSR Certification at 4. 

21Final Rule, Implementation of the 2015 

National Ambient Air Quality Standards for Ozone: 

Nonattainment Area State Implementation Plan 

Requirements, 83 FR 62998 (Dec. 6, 2018). 

22 40 CFR 51.1314 includes new source review 

requirements for the 2015 Ozone NAAQS with 

reference to specific requirements at 40 CFR 51.165. 

23 40 CFR 51.165. 

24UT NNSR Certification at 6. 

25UAC R307–403–1(3). 

1. Conversion of Summary-Only to 

Detailed Emissions Inventory Reporting 

The first change of Utah’s emissions 

inventory SIP submittal requires that all 

facilities submit detailed inventory data 

which was accomplished through 

removal of Section R307–150–7 and 

Subsection R307–150–3(4) regarding its 

applicability as well as the addition of 

Subsection R307–150–3(3)(d), effective 

September 3, 2020.14 Previously, 

Section R307–150–7 required certain 

facilities to only submit facility totals 

for each pollutant while other facilities 

were required to report permitted 

equipment-level information.15 The 

revision removes Section R307–150–7 

and Subsection R307–150–3(4) 

regarding its applicability while adding 

Subsection R307–150–3(3)(d) to require 

Part 70 sources not included in 

Subsections R307–150–3(2) and R307– 

150–3(3)(a)–(c) to submit detailed 

inventory data as specified by Section 

R307–150–6.16

2. Annual Ozone Emissions Statements 

The other change included in Utah’s 

emissions inventory SIP revisions adds 

Section R307–150–9 entitled ‘‘Annual 

Ozone Emission Statement’’ and 

Subsection R307–150–3(5) regarding its 

applicability, effective September 3, 

2020. This revision requires sources to 

submit an annual ozone emissions 

statement to UDAQ by April 15 showing 

emissions of NOX and VOCs from the 

prior year, with the first such statement 

having been due in 2021.17 As specified 

in the SIP revision, which adds 

Subsection R307–150–3(5) regarding the 

annual ozone emissions statement rule 

applicability, this rule applies to 

stationary sources in designated ozone 

nonattainment areas that have the 

potential to emit greater than 25 tons 

per year of NOX or VOCs.18

B. NNSR Certification 

On August 2, 2021, UDAQ submitted 

a SIP revision certifying that Utah’s 

existing NNSR permit program fulfills 

the requirements under CAA section 

172(c)(5).19 Utah met the requirements 

of CAA section 110(a) for the SIP 

revision certifying its existing NNSR 

permit program through reasonable 

notice posted on May 28, 2021 and 

notice of a public hearing for July 1, 

2021.20

NNSR permit program requirements 

were adopted for the 2015 ozone 

NAAQS at 40 CFR 51.1314 by the SIP 

Requirements Rule implementing the 

2015 8-hour ozone NAAQS.21 The 

minimum SIP requirements for NNSR 

permitting programs for the 2015 8-hour 

ozone NAAQS are located at 40 CFR 

51.165.22 The SIP for each ozone 

nonattainment area must contain NNSR 

provisions that: 

• Set major source thresholds for NOX

and VOCs pursuant to 40 CFR 

51.165(a)(1)(iv)(A)(1)(i)–(iv) and (2); 

• Classify physical changes as a major 

source if the change would constitute a 

major source by itself pursuant to 40 

CFR 51.165(a)(1)(iv)(A)(3); 

• Consider any significant net 

emissions increase of NOX as a 

significant net emissions increase for 

ozone pursuant to 40 CFR 

51.165(a)(1)(v)(E); 

• Consider certain increases of VOC 

emissions in extreme ozone 

nonattainment areas as a significant net 

emissions increase and a major 

modification for ozone pursuant to 40 

CFR 51.165(a)(1)(v)(F); 

• Set significant emissions rates for 

VOC and NOX as ozone precursors 

pursuant to 40 CFR 51.165(a)(1)(x)(A)– 

(C) and (E); 

• Contain provisions for emissions 

reductions credits pursuant to 40 CFR 

51.165(a)(3)(ii)(C)(1)–(2); 

• Provide that the requirements 

applicable to VOC also apply to NOX

pursuant to 40 CFR 51.165(a)(8); and 

• Set offset ratios for VOC and NOX

pursuant to 40 CFR 51.165(a)(9)(ii)– 

(iv).23

Utah’s NNSR SIP Revision certifies 

that Utah’s existing NNSR permit 

program, applicable to the Uinta Basin, 

Northern Wasatch Front and Southern 

Wasatch Front NAAs under the 2015 8- 

hour ozone NAAQS, is at least as 

stringent as the minimum requirements 

for NNSR permitting programs for the 

ozone NAAQS at 40 CFR 51.165.24

Utah’s SIP-approved NNSR program, as 

established in UAC R307–403, 

incorporates by reference the definitions 

at 40 CFR 51.165(a)(1).25

III. Proposed Action 

We are proposing to approve the SIP 

revision submitted by Utah which 

included changes to R307–150 

concerning the level of detail of 

emissions inventory data reported by 

certain sources as well as 

implementation of an annual ozone 

emissions statement rule for stationary 

sources in ozone NAAs. Additionally, 

we are proposing to approve the SIP 

revision submitted by Utah certifying 

that the State’s previously approved 

NNSR permit program meets the 

requirement stemming from the 

Marginal ozone nonattainment 

designations of the Uinta Basin, 

Northern Wasatch Front, and Southern 

Wasatch Front areas. We are proposing 

to approve the revisions because they 

were prepared in accordance with the 

requirements in sections 182(a)(3)(B), 

172(c)(5) and 172(b) of the CAA. The 

EPA is soliciting public comments on 

the issues discussed in this document. 

The EPA will consider these comments 

before taking final action. 

IV. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the UDAQ 

rules regarding stationary source 

reporting requirements for emission 

inventories discussed in Sections II.A.1 

and II.A.2 of this preamble. The EPA 

has made, and will continue to make, 

these materials generally available 

through www.regulations.gov and at the 

EPA Region 8 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve 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, 


tkelley on DSK125TN23PROD with PROPS1
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 


tkelley on DSK125TN23PROD with PROPS1