[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Proposed Rules]
[Pages 5438-5450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01943]


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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.

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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 (NO<INF>X</INF>) 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 <a href="/cdn-cgi/l/email-protection#0c6e606d67606975227c6d6169606d4c697c6d226b637a"><span class="__cf_email__" data-cfemail="07656b666c6b627e2977666a626b664762776629606871">[email protected]</span></a>. 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, <a href="/cdn-cgi/l/email-protection#6201100b1112070e0e4c070f0b0e1b220712034c050d14"><span class="__cf_email__" data-cfemail="bddecfd4cecdd8d1d193d8d0d4d1c4fdd8cddc93dad2cb">[email protected]</span></a>.

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 NO<INF>X</INF> 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

[[Page 5439]]

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

[[Page 5440]]

monitoring season of any year during the 3-year period. See section 4 
of appendix U to 40 CFR part 50.
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    \1\ The ozone season is defined by 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).
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    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
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                                                                                                            Fourth high      2018-2020       2019-2021
                 County                              Monitor                   Year         % Observed         (ppm)       average (ppm)   average (ppm)
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Manitowoc..............................  55-071-0007....................            2018              99           0.076           0.070           0.068
                                                                                    2019              99           0.066
                                                                                    2020              92           0.069
                                                                                    2021              99           0.070
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    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.
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    \2\ The monitor ozone design value for the monitor with the 
highest 3-year averaged concentration.
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    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

[[Page 5441]]

air pollutants, e.g., NO<INF>X</INF> 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).
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    \3\ On October 27, 1992 (63 FR 57356), EPA issued a 
NO<INF>X</INF> SIP call requiring the District of Columbia and 22 
states to reduce emissions of NO<INF>X</INF> in order to reduce the 
transport of ozone and ozone precursors.
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    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-
Akron-Loraine, Ohio final rulemaking, 61 FR 20458 (May 7, 1996); and 
Tampa, Florida final rulemaking, 60 FR 62748 (December 7, 1995). See 
also the discussion of this issue in the Cincinnati, Ohio ozone 
redesignation (65 FR 37890, June 19, 2000), and the Pittsburgh, 
Pennsylvania ozone redesignation (66 FR 50399, October 19, 2001).
    We have reviewed Wisconsin's SIP and have concluded that it meets 
the general SIP requirements under section 110 of the CAA, to the 
extent those requirements are applicable for purposes of 
redesignation.\4\
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    \4\ On 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.
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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

[[Page 5442]]

(December 7, 1995) (redesignation of Tampa, Florida).
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    \5\ CAA section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain Federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from SIPs requiring the development of MVEBs, 
such as control strategy SIPs and maintenance plans.
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iii. 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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

[[Page 5443]]

air quality is due to permanent and enforceable emissions reductions.
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NO<INF>X</INF> Controls
    Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule 
(CSAPR). CAIR created regional cap-and-trade programs to reduce sulfur 
dioxide (SO<INF>2</INF>) and NO<INF>X</INF> 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 (PM<INF>2.5</INF>) 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 
SO<INF>2</INF> and NO<INF>X</INF> emissions from electric generating 
units (EGUs) in 28 states in the Eastern United States.
    The D.C. Circuit's initial vacatur of CSAPR \6\ 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 NO<INF>X</INF> 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 NO<INF>X</INF> emissions from 
EGUs beginning in May 2017. This final rule was projected to result in 
a 20% reduction in ozone season NO<INF>X</INF> emissions from EGUs in 
the eastern United States, a reduction of 800,000 tons in 2017 compared 
to 2015 levels.
---------------------------------------------------------------------------

    \6\ EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. 
Cir. 2012).
---------------------------------------------------------------------------

    The reduction in NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> and VOC 
emissions from light-duty vehicles and light-duty trucks by 
approximately 76% and 28%, respectively. NO<INF>X</INF> 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 NO<INF>X</INF> and for 
particulate matter. The VOC and NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X,</INF> 
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 NO<INF>X</INF> and VOC emissions. EPA has estimated future 
year emission reductions due to implementation of this rule. 
Nationally, EPA estimated that 2015 NO<INF>X</INF> and VOC emissions 
would decrease by 1,260,000 tons and 54,000 tons, respectively. 
Nationally, EPA estimates that by 2030 NO<INF>X</INF> 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

[[Page 5444]]

engine size. The SO<INF>2</INF> 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 NO<INF>X</INF> 
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 ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and 
recreational marine diesel engines. These emission standards were 
phased in from model year 2004 through 2012. When fully implemented in 
2030, EPA estimates an overall 72% reduction in VOC emissions from 
these engines and an 80% reduction in NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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).
---------------------------------------------------------------------------

    \7\ https://www.epa.gov/air-emissions-modeling/2011-version-63-platform.
---------------------------------------------------------------------------

    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 NO<INF>X</INF> 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
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 5445]]


                                             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
                                                         -----------------------------------------------------------------------------------------------
                                                                                            Net change                                      Net change
                                                               2017            2019         (2017-2019)        2017            2019         (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, NO<INF>X</INF> 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 fourth-high 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 [deg]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 NO<INF>X</INF> 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 NO<INF>X</INF>. 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

[[Page 5446]]

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 
NO<INF>X</INF> 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 travel-demand 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
                                           -------------------------------------------------------------------------------------------------------------
                                                                                     Net change                                             Net change
                                                2019         2025         2033       (2019-2033)       2019         2025         2033       (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
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 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 
NO<INF>X</INF> 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 NO<INF>X</INF> 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 
NO<INF>X</INF> 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

[[Page 5448]]

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 
NO<INF>X</INF> 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 PM<INF>2.5</INF> 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 
NO<INF>X</INF> 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     2025 Estimated    2025 Mobile                    2033 Estimated    2033 Mobile
                                            onroad           onroad       safety margin    2025 MVEBs         onroad       safety margin    2033 MVEBs
                                           emissions       emissions       allocation                       emissions       allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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.

[[Page 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 NO<INF>X</INF> 
safety margins, respectively. In 2033, WDNR is allocating 0.04 TPSD and 
0.08 TPSD of the VOC and NO<INF>X</INF> 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 NO<INF>X</INF> and VOC 
emissions within the source facilities and to report actual 
NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> in the atmosphere in the presence of 
sunlight (VOC and NO<INF>X</INF> are referred to as ozone precursors). 
Therefore, an emission inventory for ozone focuses on the emissions of 
VOC and NO<INF>X</INF>. 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. NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 
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

[[Page 5450]]

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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


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