6806 Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Proposed Rules 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6002 Class E Airspace Areas 

Designated as a Surface Area. 

* * * * * 

AAL AK E2 Sitka, AK [Amended] 

Sitka Rocky Gutierrez Airport, AK 

(Lat. 57°02′49′′ N, long. 135°21′40′′ W) 

That airspace extending upward from the 

surface within a 4.1-mile radius of the airport 

beginning at the 105° bearing from the airport 

clockwise to the 337° bearing from the 

airport, then to the point of beginning 4.1 

miles east of the airport, and within 2.7 miles 

each side of the 150° bearing from the airport 

extending from the 4.1-mile radius to 6.6 

miles southeast of the airport, and within 1.5 

miles each side of the 209° bearing from the 

airport extending from the 4.1-mile radius to 

4.4 miles southwest of the airport, and within 

1.2 miles each side of the 314° bearing from 

the airport extending from the 4.1-mile 

radius to 6 miles northwest of the airport, 

and within 1.1 miles each side of the 320° 

bearing from the airport extending from the 

4.1-mile radius to 5.2 miles northwest of the 

airport. 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E2 Surface Area. 

* * * * * 

AAL AK E4 Sitka, AK [Removed] 

Sitka Rocky Gutierrez Airport, AK 

(Lat. 57°02′49′′ N, long. 135°21′40′′ W) 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AAL AK E5 Sitka, AK [Amended] 

Sitka Rocky Gutierrez Airport, AK 

(Lat. 57°02′49′′ N, long. 135°21′40′′ W) 

That airspace extending upward from 700 

feet above the surface within a 7.3-mile 

radius of the airport beginning at the 102° 

bearing from the airport clockwise to the 357° 

bearing from the airport, then to the point of 

beginning 7.3 miles east of the airport, and 

within 4.6 miles each side of the 212° bearing 

from the airport, extending from the 7.3-mile 

radius to 25.2 miles southwest of the airport, 

and within 4.5 miles each side of the 316° 

bearing from the airport extending from the 

7.3-mile radius to 9.8 miles northwest of the 

airport; excluding that airspace that extends 

beyond 12 miles from the coast. 

Issued in Des Moines, Washington, on 

February 1, 2022. 

B.G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2022–02454 Filed 2–4–22; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2021–0885; FRL–9523–01– 

R5] 

Air Plan Approval; Wisconsin; 

Redesignation of the Wisconsin 

Portion of the Chicago-Naperville, 

Illinois-Indiana-Wisconsin Area to 

Attainment of the 2008 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to find that 

the Wisconsin portion of the ChicagoNaperville, IL-IN-WI area (Chicago area) 

is attaining the 2008 ozone National 

Ambient Air Quality Standard (NAAQS 

or standard) and to act in accordance 

with a request from the Wisconsin 

Department of Natural Resources 

(Wisconsin or the State) to redesignate 

the Wisconsin portion of the area to 

attainment for the 2008 ozone NAAQS, 

because the request meets the statutory 

requirements for redesignation under 

the Clean Air Act (CAA). The Wisconsin 

portion of the Chicago 2008 ozone area 

consists of the portion of Kenosha 

County bounded by the I–94 corridor 

and the area east to Lake Michigan 

(Kenosha portion). Wisconsin submitted 

this request on December 3, 2021. EPA 

is proposing to approve, as a revision to 

the Wisconsin State Implementation 

Plan (SIP), the State’s plan for 

maintaining the 2008 ozone NAAQS 

through 2035 in the Chicago area. EPA 

also finds adequate and is proposing to 

approve Wisconsin’s 2025 and 2030 

volatile organic compound (VOC) and 

oxides of nitrogen (NOX) Motor Vehicle 

Emission Budgets (MVEBs) for the 

Kenosha portion. Finally, pursuant to 

section 110 and part D of the CAA, EPA 

is proposing to approve the enhanced 

Inspection/Maintenance (I/M) program 

performance modeling analysis 

included in Wisconsin’s December 3, 

2021 submittals, because it satisfies the 

serious enhanced I/M requirements for 

the Kenosha portion. 

DATES: Comments must be received on 

or before March 9, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2021–0885 at https://

www.regulations.gov or via email to 

blakley.pamela@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Leslie, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@epa.gov. 


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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 Wisconsin’s 

redesignation request? 

V. Has the state adopted approvable motor 

vehicle emission budgets? 

VI. Enhanced I/M in the Kenosha Portion 

VII. Proposed Actions 

VIII. Statutory and Executive Order Reviews 

I. What is EPA proposing? 

EPA is proposing to take several 

related actions. EPA is proposing to 

determine that the Wisconsin portion of 

the Chicago nonattainment area is 

attaining the 2008 ozone NAAQS, based 

on quality-assured and certified 

monitoring data for 2019–2021 for the 

entire Chicago area, and that the 

Kenosha portion 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 Kenosha portion from 

nonattainment to attainment for the 

2008 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 Kenosha 

portion. The maintenance plan is 

designed to keep the Chicago area in 

attainment of the 2008 ozone NAAQS 

through 2030. EPA also finds adequate 

and is proposing to approve the newlyestablished 2030 and 2035 MVEBs for 

the Kenosha portion. Finally, EPA is 

proposing to approve the enhanced I/M 

program performance modeling analysis 

included in Wisconsin’s December 3, 

2021 submittals, because it satisfies the 

serious enhanced I/M requirements for 

the Kenosha portion. 

II. What is the background for these 

actions? 

EPA has determined that ground-level 

ozone is detrimental to human health. 

On March 27, 2008, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.075 

parts per million (ppm). See 73 FR 

16436 (March 27, 2008). Under EPA’s 

regulations at 40 CFR part 50, the 2008 

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 0.075 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 Chicago 

area was originally designated as a 

marginal nonattainment area for the 

2008 ozone NAAQS on June 11, 2012 

(77 FR 34221), effective July 20, 2012. 

EPA reclassified the Chicago area from 

marginal to moderate nonattainment on 

May 4, 2016 (81 FR 26697), effective 

June 3, 2016. The Chicago area was 

again reclassified to serious on August 

23, 2019 (84 FR 44238), effective 

September 23, 2019. 

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 

Wisconsin’s redesignation request? 

A. Has the Chicago-Naperville, IL-IN-WI 

area attained the 2008 ozone NAAQS? 

For redesignation of a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the entire 

Chicago area has attained the applicable 

NAAQS (CAA section 107(d)(3)(E)(i)). 

An area is attaining the 2008 ozone 

NAAQS as determined in accordance 

with 40 CFR 50.15 and appendix P of 

part 50, based on three complete, 

consecutive calendar years of qualityassured 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 0.075 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 


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1The ozone season is defined by state in 40 CFR 

58, appendix D. The ozone season for Wisconsin is 

March–October 15th. See 80 FR 65292, 65466–67 

(October 26, 2015). 

2The monitor ozone design value for the monitor 

with the highest 3-year averaged concentration. 

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 percent of the 

days within the ozone monitoring 

seasons,1 on average, for the 3-year 

period, with a minimum data 

completeness of 75 percent during the 

ozone monitoring season of any year 

during the 3-year period. See section 4 

of appendix U to 40 CFR part 50. 

EPA has reviewed the available ozone 

monitoring data from monitoring sites 

in the Chicago area for the 2019–2021 

period. These data have been quality 

assured, are recorded in the AQS, and 

have been certified. These data 

demonstrate that the Chicago area is 

attaining the 2008 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 HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGE OF THE

FOURTH HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE CHICAGO-NAPERVILLE, IL-IN-WI 2008 

OZONE AREA (ppm) 

Site County 

Year Average 

2019 2020 2021 2019–2021 

Wisconsin 

55–059–0019 ........................ Kenosha ................................ 0.067 0.078 0.079 0.074 

55–059–0025 ........................ Kenosha ................................ 0.066 0.078 0.072 0.072 

Illinois 

17–031–0001 ........................ Cook ..................................... 0.070 0.076 0.068 0.071 

17–031–0032 ........................ Cook ..................................... 0.070 0.077 0.077 0.075 

17–031–0076 ........................ Cook ..................................... 0.065 0.068 0.070 0.067 

17–031–1003 ........................ Cook ..................................... 0.069 0.077 0.068 0.071 

17–031–1601 ........................ Cook ..................................... 0.068 0.078 0.072 0.072 

17–031–3103 ........................ Cook ..................................... 0.064 0.068 0.067 0.064 

17–031–4002 ........................ Cook ..................................... 0.064 0.079 0.067 0.070 

17–031–4007 ........................ Cook ..................................... 0.066 0.072 0.069 0.069 

17–031–4201 ........................ Cook ..................................... 0.069 0.079 0.075 0.074 

17–031–7002 ........................ Cook ..................................... 0.069 0.074 0.078 0.073 

17–043–6001 ........................ DuPage ................................. 0.062 0.073 0.069 0.070 

17–089–0005 ........................ Kane ..................................... 0.071 0.073 0.068 0.070 

17–097–1007 ........................ Lake ...................................... 0.065 0.076 0.077 0.073 

17–111–0001 ........................ McHenry ............................... 0.068 0.076 0.069 0.071 

17–197–1011 ........................ Will ........................................ 0.060 0.067 0.065 0.064 

Indiana 

18–089–0022 ........................ Lake ...................................... 0.065 0.074 0.070 0.069 

18–089–2008 ........................ Lake ...................................... 0.065 0.071 0.068 0.068 

18–127–0024 ........................ Porter .................................... 0.068 0.076 0.072 0.072 

18–127–0026 ........................ Porter .................................... 0.071 0.067 0.066 0.068 

The Chicago area’s 3-year ozone 

design value for 2019–2021 is 0.075 

ppm,2 which meets the 2008 ozone 

NAAQS. Therefore, in today’s action, 

EPA proposes to determine that the 

Wisconsin portion of the Chicago area is 

attaining the 2008 ozone NAAQS. 

EPA will not take final action to 

determine that the Wisconsin portion of 

the Chicago area is attaining the NAAQS 

nor to approve the redesignation of the 

Kenosha portion of the Chicago area if 

the design value of a monitoring site in 

the area violates the NAAQS after 

proposal but prior to final approval of 

the redesignation. As discussed in 

section IV.D.3. below, Wisconsin has 

committed to continue monitoring 

ozone in this area to verify maintenance 

of the 2008 ozone NAAQS. 

B. Has Wisconsin met all applicable 

requirements of section 110 and part D 

of the CAA for the Kenosha portion, and 

does Wisconsin have a fully approved 

SIP for the Kenosha portion 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 the 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 the 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 Wisconsin 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 2008 ozone NAAQS). 

Additionally, with the exception of the 

enhanced I/M requirements of section 

182(c)(3) of the CAA, EPA finds that all 

applicable requirements of the 

Wisconsin SIP for the area have been 

fully approved under section 110(k) of 

the CAA. As discussed below, in this 

action EPA is proposing to approve 

Wisconsin’s enhanced I/M performance 

modeling analysis as meeting the 

serious I/M requirements of section 

182(c)(3) of the CAA for the Kenosha 

portion of the Chicago area under the 

2008 ozone NAAQS. 

In making these determinations, EPA 

ascertained which CAA requirements 

are applicable to the Kenosha portion 


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3EPA has previously approved provisions of the 

Wisconsin SIP addressing section 110 elements 

under the 2008 ozone NAAQS; 80 FR 54725 

(September 11, 2015), 79 FR 60064 (October 6, 

2014), 82 FR 9515 (February 7, 2017), 81 FR 74504 

(October 26, 2016), and 81 FR 3334 (January 21, 

2016). 

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 current 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 

subsequent to 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). 

EPA is proposing to determine that 

the Chicago area has attained the 2008 

ozone standard, under 40 CFR 51.918. If 

that determination is finalized, the 

requirements to submit certain planning 

SIPs related to attainment, including 

attainment demonstration requirements 

(the reasonably available control 

measures (RACM) requirement of 

section 172(c)(1) of the CAA, the 

reasonable further progress (RFP) and 

attainment demonstration requirements 

of sections 172(c)(2) and (6) and 

182(b)(1) of the CAA, and the 

requirement for contingency measures 

of section 172(c)(9) of the CAA would 

not be applicable to the area as long as 

it continues to attain the NAAQS and 

would cease to apply upon 

redesignation. In addition, in the 

context of redesignations, EPA has 

interpreted requirements related to 

attainment as not applicable for 

purposes of redesignation. For example, 

in the General Preamble EPA stated that: 

The section 172(c)(9) requirements are 

directed at ensuring RFP and attainment 

by the applicable date. These 

requirements no longer apply when an 

area has attained the standard and is 

eligible for redesignation. Furthermore, 

section 175A for maintenance plans 

provides specific requirements for 

contingency measures that effectively 

supersede the requirements of section 

172(c)(9) for these areas. ‘‘General 

Preamble for the Interpretation of Title 

I of the Clean Air Act Amendments of 

1990,’’ (General Preamble) 57 FR 13498, 

13564 (April 16, 1992). 

See also Calcagni memorandum at 6 

(‘‘The requirements for reasonable 

further progress and other measures 

needed for attainment will not apply for 

redesignations because they only have 

meaning for areas not attaining the 

standard.’’). 

1. Wisconsin Has Met All Applicable 

Requirements of Section 110 and Part D 

of the CAA Applicable to the Kenosha 

Portion 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 the 

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 

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

Clean Air Interstate Rule (CAIR), Cross 

State Air Pollution Rule (CSAPR). 

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

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

SIP requirements are not linked to a 

particular area’s ozone designation and 

classification. EPA concludes that the 

SIP requirements linked with the area’s 

ozone designation and classification are 

the relevant measures to evaluate when 

reviewing a redesignation request for 

the area. The section 110(a)(2)(D) 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any one particular 

area within the state. Thus, we believe 

these requirements are not applicable 

requirements for purposes of 

redesignation. See 65 FR 37890 (June 

15, 2000), 66 FR 50399 (October 19, 

2001), 68 FR 25418, 25426–27 (May 13, 

2003). 

In addition, EPA believes that other 

section 110 elements that are neither 

connected with nonattainment plan 

submissions nor linked with an area’s 

ozone attainment status are not 

applicable requirements for purposes of 

redesignation. The area will still be 

subject to these requirements after the 

area is redesignated to attainment of the 

2008 ozone NAAQS. The section 110 

and part D requirements that are linked 

with a particular area’s designation and 

classification are the relevant measures 

to evaluate in reviewing a redesignation 

request. This approach is consistent 

with EPA’s existing policy on 

applicability (i.e., for redesignations) of 

conformity and oxygenated fuels 

requirements, as well as with section 

184 ozone transport requirements. See 

Reading, Pennsylvania proposed and 

final rulemakings, 61 FR 53174–53176 

(October 10, 1996) and 62 FR 24826 

(May 7, 1997); Cleveland-AkronLoraine, Ohio final rulemaking, 61 FR 

20458 (May 7, 1996); and Tampa, 

Florida final rulemaking, 60 FR 62748 

(December 7, 1995). See also the 

discussion of this issue in the 

Cincinnati, Ohio ozone redesignation 

(65 FR 37890, June 19, 2000), and the 

Pittsburgh, Pennsylvania ozone 

redesignation (66 FR 50399, October 19, 

2001). 

We have reviewed Wisconsin’s SIP 

and have concluded that it meets the 

general SIP requirements under section 

110 of the CAA, to the extent those 

requirements are applicable for 

purposes of redesignation.3

b. Part D Requirements 

Section 172(c) of the CAA sets forth 

the basic requirements of air quality 


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4CAA 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. 

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 Chicago area is classified as 

serious under subpart 2 for the 2008 

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 

sections 182(a), (b), and (c) (marginal, 

moderate, and serious 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. 

Section 172(c)(1) requires the plans 

for all nonattainment areas to provide 

for the implementation of all RACM as 

expeditiously as practicable and to 

provide for attainment of the primary 

NAAQS. Under this requirement, a state 

must consider all available control 

measures, including reductions that are 

available from adopting RACT on 

existing sources. Because attainment has 

been reached in the Chicago area, no 

additional measures are needed to 

provide for attainment and section 

172(c)(1) requirements are no longer 

considered to be applicable, as long as 

the area continues to attain the standard 

until redesignation. See 40 CFR 51.918. 

The RFP requirement under section 

172(c)(2) is defined as progress that 

must be made toward attainment. EPA 

approved Wisconsin’s RFP plan and 

RFP contingency measures on February 

13, 2019 (84 FR 3701). 

Section 172(c)(3) requires submission 

and approval of a comprehensive, 

accurate and current inventory of actual 

emissions. This requirement was 

superseded by the inventory 

requirement in section 182(a)(1) 

discussed below. 

Section 172(c)(4) requires the 

identification and quantification of 

allowable emissions for major new and 

modified stationary sources in an area, 

and section 172(c)(5) requires source 

permits for the construction and 

operation of new and modified major 

stationary sources anywhere in the 

nonattainment area. EPA has previously 

approved Wisconsin’s NSR program on 

October 6, 2014 (79 FR 160064) and 

February 7, 2017 (82 FR 9515). 

However, EPA has determined that, 

since PSD requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that the 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.’’ 

Wisconsin has demonstrated that the 

Kenosha portion will be able to 

maintain the 2008 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); ClevelandAkron-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). 

Wisconsin’s PSD program will become 

effective in the Kenosha portion upon 

redesignation to attainment. EPA 

approved Wisconsin’s PSD program on 

January 22, 2003 (68 FR 2909) and 

February 25, 2010 (75 FR 8496). 

Section 172(c)(6) requires the SIP to 

contain control measures necessary to 

provide for attainment of the standard. 

Because attainment has been reached, 

no additional measures are needed to 

provide for attainment. 

Section 172(c)(7) requires the SIP to 

meet the applicable provisions of 

section 110(a)(2). As noted above, we 

believe the Wisconsin SIP meets the 

requirements of section 110(a)(2) for 

purposes of redesignation. 

Section 172(c)(9) requires the SIP to 

provide for the implementation of 

contingency measures if the area fails to 

make RFP or to attain the NAAQS by 

the attainment deadline. As noted 

previously, EPA approved Wisconsin’s 

contingency measures for purposes of 

RFP on February 13, 2019 (84 FR 3701). 

With respect to contingency measures 

for failure to attain the NAAQS by the 

attainment deadline, this requirement is 

not relevant for purposes of 

redesignation because the Chicago area 

has demonstrated monitored attainment 

of the 2008 ozone NAAQS. (General 

Preamble, 57 FR 13564). See also 40 

CFR 51.918. 

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 4 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 

(December 7, 1995) (redesignation of 

Tampa, Florida). Nonetheless, 

Wisconsin has an approved conformity 

SIP for the Kenosha portion. See 79 FR 

10995 (February 27, 2014). 

iii. Subpart 2 Section 182(a), (b), and (c) 

Requirements 

Section 182(a)(1) requires states to 

submit a comprehensive, accurate, and 

current inventory of actual emissions 

from sources of VOC and NOX emitted 

within the boundaries of the ozone 

nonattainment area. EPA approved 

Wisconsin’s base year emissions 

inventory for the Kenosha portion on 

March 7, 2016 (81 FR 11673) and 

February 13, 2019, (84 FR 3701). 

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 RACT rules that were 

required under section 172(b)(3) prior to 

the 1990 CAA amendments. The 

Kenosha portion is not subject to the 


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section 182(a)(2) RACT ‘‘fix up’’ 

requirement for the 2008 ozone NAAQS 

because it was designated as 

nonattainment for this standard after the 

enactment of the 1990 CAA 

amendments and because Wisconsin 

complied with this requirement for the 

Kenosha portion under the prior 1-hour 

ozone NAAQS. See 59 FR 41709 

(August 15, 1994) and 60 FR 20643 

(April 27, 1995). 

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

state, with a marginal ozone 

nonattainment area that implemented or 

was required to implement an 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 2008 ozone standard 

and the consideration of Wisconsin’s 

redesignation request for this standard, 

the Kenosha portion is not subject to the 

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

because the area was designated as 

nonattainment for the 2008 ozone 

standard after the enactment of the 1990 

CAA amendments and because 

Wisconsin complied with this 

requirement for the Kenosha portion 

under the prior 1-hour ozone NAAQS. 

Section 182(a)(3)(B) requires the 

submission of an emission statement 

SIP. EPA approved Wisconsin’s 

emission statement SIP for the Kenosha 

portion for the 2008 ozone NAAQS on 

February 13, 2019 (84 FR 3701). 

Section 182(b)(1) requires the 

submission of an attainment 

demonstration and RFP plan. Wisconsin 

submitted an attainment demonstration 

and RFP plan for the Kenosha portion 

on December 1, 2020. EPA approved 

Wisconsin’s RFP plan and RFP 

contingency measures for the Kenosha 

portion for the 2008 ozone NAAQS on 

February 13, 2019 (84 FR 3701). Because 

attainment has been reached, section 

182(b)(1) requirements are no longer 

considered to be applicable, as long as 

the area continues to attain the 

standard. If EPA finalizes approval of 

the redesignation of the area, EPA will 

take no further action on the attainment 

demonstration submitted by Wisconsin. 

Section 182(b)(2) requires states with 

moderate nonattainment areas to 

implement VOC RACT with respect to 

each of the following: (1) All sources 

covered by a Control Technology 

Guideline (CTG) document issued 

between November 15, 1990, and the 

date of attainment; (2) all sources 

covered by a CTG issued prior to 

November 15, 1990; and (3) all other 

major non-CTG stationary sources. EPA 

approved Wisconsin’s VOC RACT 

program for the Kenosha portion for the 

2008 ozone NAAQS on September 16, 

2020 (85 FR 57729). 

Section 182(b)(3) requires states to 

adopt Stage II gasoline vapor recovery 

regulations. On May 16, 2012 (77 FR 

28772), EPA determined that the use of 

onboard vapor recovery technology for 

capturing gasoline vapor when gasolinepowered vehicles are refueled is in 

widespread use throughout the highway 

motor vehicle fleet and waived the 

requirement that current and former 

ozone nonattainment areas implement 

Stage II vapor recovery systems on 

gasoline pumps. EPA approved a 

revision to Wisconsin’s Stage II program 

on November 4, 2013 (78 FR 65875) 

because the State has demonstrated that 

onboard refueling vapor recovery 

systems will be in widespread use in 

southeast Wisconsin by 2016, making 

Stage II redundant. 

Section 182(b)(4) requires an I/M 

program for each state with a moderate 

ozone nonattainment area. EPA 

approved Wisconsin’s I/M program on 

August 16, 2001 (66 FR 42949) and 

approved revisions to the program on 

September 19, 2013 (78 FR 57501). EPA 

approved Wisconsin’s I/M program 

certification for the Kenosha portion for 

the 2008 ozone NAAQS on February 13, 

2019 (84 FR 3701). 

Regarding the source permitting and 

offset requirements of sections 

182(a)(2)(C), 182(a)(4), and 182(b)(5), 

Wisconsin currently has a fullyapproved part D NSR program in place. 

EPA approved Wisconsin’s NSR SIP on 

January 18, 1995 (60 FR 3538) and 

February 7, 2017 (82 FR 9515). Further, 

EPA approved Wisconsin’s SIP revision 

addressing the NSR requirements for the 

2008 ozone NAAQS on May 3, 2019 (84 

FR 18989). In addition, EPA approved 

Wisconsin’s PSD program on October 6, 

2014 (79 FR 60064). The State’s PSD 

program will become effective in the 

Kenosha portion upon redesignation of 

the area to attainment. Section 182(f) 

requires states with moderate 

nonattainment areas to implement NOX

RACT. EPA approved Wisconsin’s NOX

RACT SIP on October 19, 2010 (75 FR 

64155). EPA proposed approval of 

Wisconsin’s certification that its current 

NOX RACT SIP meets the serious NOX

RACT requirements for the Kenosha 

portion for the 2008 ozone NAAQS on 

December 7, 2022 (86 FR 69207). The 

public comment period for this 

proposed rule ended on January 6, 2022. 

EPA received no comments on the 

proposal. EPA will not finalize this 

redesignation until we’ve approved the 

NOX RACT program. 

Section 182(c)(1) of the CAA requires 

states with nonattainment areas 

classified serious or higher to adopt and 

implement a program to improve air 

monitoring for ambient concentrations 

of ozone, NOX and VOC. EPA initiated 

the Photochemical Assessment 

Monitoring Stations (PAMS) program in 

February 1993. The PAMS program 

required the establishment of an 

enhanced monitoring network in all 

ozone nonattainment areas classified as 

serious, severe, or extreme. On March 

18, 1994 (59 FR 6021), EPA approved 

Wisconsin’s SIP revision establishing an 

enhanced monitoring program (EMP). 

EPA proposed approval of Wisconsin’s 

certification that its current EMP meets 

the serious requirements for the 

Kenosha portion for the 2008 ozone 

NAAQS on December 7, 2022 (86 FR 

69207). The public comment period for 

this proposed rule ended on January 6, 

2022. EPA received no comments on the 

proposal. EPA will not finalize this 

redesignation until it has approved the 

EMP program. 

CAA section 182(c)(3) requires states 

with ozone nonattainment areas 

classified as serious or higher to adopt 

and implement a program for an 

enhanced I/M program. Wisconsin 

submitted an enhanced I/M 

performance modeling analysis on 

December 3, 2021. For the reasons 

discussed in section VI., below, EPA is 

proposing to approve the performance 

modeling analysis submitted by 

Wisconsin as meeting the section 

182(c)(3) serious enhanced I/M 

requirements for the Kenosha portion 

under the 2008 ozone NAAQS. 

CAA section 182(c)(4) requires states 

with ozone nonattainment areas 

classified as serious or higher to submit 

a SIP revision describing 

implementation of a Clean Fuel Vehicle 

Program (CFVP), as described in CAA 

title II part C (40 CFR 88). EPA approved 

Wisconsin’s CFVP on March 11, 1996 

(61 FR 9641). EPA issued a 

memorandum on July 21, 2005, which 

found that then-current emission 

standards for vehicles (regulated under 

40 CFR 86) were as or more stringent 

than the emission standards specified in 

40 CFR 88 for the CFVP. EPA proposed 

approval of Wisconsin’s certification 

that its current CFVP meets the serious 

CFVP requirements for the Kenosha 

portion for the 2008 ozone NAAQS on 

December 7, 2022 (86 FR 69207). The 

public comment period for this 

proposed rule ended on January 6, 2021. 

EPA received no comments on the 

proposal. EPA will not finalize this 

redesignation until we’ve approved the 

CFVP program. 


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5 In a December 27, 2011 rulemaking, EPA 

included Wisconsin in the ozone season NOX

program, addressing the 1997 ozone NAAQS (76 FR 

80760). 

The remaining Section 182(c) 

requirements for areas classified as 

serious include: An attainment 

demonstration, RFP, RFP contingency 

measures, transportation conformity 

motor vehicle emissions budgets, and a 

transportation control demonstration. 

These elements are not needed to 

redesignate the Kenosha portion 

because the area has attained of the 

2008 ozone NAAQS. This rationale is 

outlined in 40 CFR 51.918, the general 

preamble, and the Calcagni 

memorandum at 6 (‘‘The requirements 

for reasonable further progress and other 

measures needed for attainment will not 

apply for redesignations because they 

only have meaning for areas not 

attaining the standard.’’) EPA believes 

that it is reasonable to interpret these 

provisions so as not to require areas that 

are meeting the ozone standard to make 

the SIP submissions to EPA described in 

the provisions as long as the areas 

continue to meet the standard. If such 

an area were to monitor a violation of 

the standard prior to being redesignated 

to attainment, however, the area would 

have to address the pertinent 

requirements and submit the SIP 

revisions described in those provisions 

to EPA. 

Thus, as discussed above, with 

approval of Wisconsin’s section 

182(c)(3) enhanced I/M SIP, EPA finds 

that the Kenosha portion will satisfy all 

applicable requirements for purposes of 

redesignation under section 110 and 

part D of title I of the CAA. 

2. The Kenosha Portion Has a Fully 

Approved SIP for Purposes of 

Redesignation Under Section 110(k) of 

the CAA 

At various times, Wisconsin has 

adopted and submitted, and EPA has 

approved, provisions addressing the 

various SIP elements applicable for the 

ozone NAAQS. As discussed above, if 

EPA finalizes approval of Wisconsin’s 

enhanced I/M performance modeling 

analysis as meeting the requirements of 

section 182(c)(3) of the CAA, EPA will 

have fully approved the Wisconsin SIP 

for the Kenosha portion under section 

110(k) for all requirements applicable 

for purposes of redesignation under the 

2008 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). 

Additional measures may also be 

approved in conjunction with a 

redesignation action (see 68 FR 25426 

(May 12, 2003) and citations therein). 

C. Are the air quality improvements in 

the Chicago 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 Wisconsin has 

demonstrated that the observed ozone 

air quality improvement in the Chicago 

area is due to permanent and 

enforceable reductions in VOC and NOX

emissions resulting from state measures 

adopted into the SIP and Federal 

measures. 

In making this demonstration, the 

State has calculated the change in 

emissions between 2011 and 2019. The 

reduction in emissions and the 

corresponding improvement in air 

quality over this time period can be 

attributed to several regulatory control 

measures that the Chicago area and 

upwind areas have implemented in 

recent years. In addition, Wisconsin 

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 

Wisconsin has adequately demonstrated 

that the improvement in air quality is 

due to permanent and enforceable 

emissions reductions. 

1. Permanent and Enforceable Emission 

Controls Implemented 

a. Regional NOX Controls 

Clean Air Interstate Rule (CAIR)/Cross 

State Air Pollution Rule (CSAPR). Under 

the ‘‘good neighbor provision’’ of CAA 

section 110(a)(2)(D)(i)(I), states are 

required to address interstate transport 

of air pollution. Specifically, the good 

neighbor provision provides that each 

state’s SIP must contain provisions 

prohibiting emissions from within that 

state which will contribute significantly 

to nonattainment of the NAAQS, or 

interfere with maintenance of the 

NAAQS, in any other state. 

On May 12, 2005, EPA published 

CAIR, which required eastern states, 

including Wisconsin, to prohibit 

emissions consistent with annual and 

ozone season NOX budgets and annual 

sulfur dioxide (SO2) budgets (70 FR 

25152). CAIR addressed the good 

neighbor provision for the 1997 ozone 

NAAQS and 1997 fine particulate 

matter (PM2.5) NAAQS and was 

designed to mitigate the impact of 

transported NOX emissions, a precursor 

of both ozone and PM2.5, as well as 

transported SO2 emissions, another 

precursor of PM2.5. The United States 

Court of Appeals for the District of 

Columbia Circuit (D.C. Circuit) 

remanded CAIR to EPA for replacement 

in 2008. North Carolina v. EPA, 531 

F.3d 896, modified, 550 F.3d 1176 

(2008). While EPA worked on 

developing a replacement rule, 

implementation of the CAIR program 

continued as planned with the NOX

annual and ozone season programs 

beginning in 2009 and the SO2 annual 

program beginning in 2010. 

On August 8, 2011 (76 FR 48208), 

acting on the D.C. Circuit’s remand, EPA 

published CSAPR to replace CAIR and 

to address the good neighbor provision 

for the 1997 ozone NAAQS, the 1997 

PM2.5 NAAQS, and the 2006 PM2.5

NAAQS.5 Through Federal 

Implementation Plans, CSAPR required 

electric generating units (EGUs) in 

eastern states, including Wisconsin, to 

meet annual and ozone season NOX

budgets and annual SO2 budgets 

implemented through new trading 

programs. After delays caused by 

litigation, EPA started implementing the 

CSAPR trading programs in 2015, 

simultaneously discontinuing 

administration of the CAIR trading 

programs. On October 26, 2016, EPA 

published the CSAPR Update, which 

established, starting in 2017, a new 

ozone season NOX trading program for 

EGUs in eastern states, including 

Wisconsin, to address the good neighbor 

provision for the 2008 ozone NAAQS 

(81 FR 74504). The CSAPR Update is 

estimated to result in a 20 percent 

reduction in ozone season NOX

emissions from EGUs in the eastern 

United States, a reduction of 80,000 tons 

in 2017 compared to 2015 levels. The 

reduction in NOX emissions from the 

implementation of CAIR and then 

CSAPR occurred by the attainment years 

and additional emission reductions will 

occur throughout the maintenance 

period. 

b. Wisconsin Point Source NOX

Reductions 

The NOX emission units at We 

Energies—Pleasant Prairie Power Plant 

(FID #230006260) include two coal fired 

boilers (B20 and B21), two auxiliary 

natural gas fired boilers (B22 and B23), 

and four emergency generators (P30– 

P33). Boilers B20 and B21 are subject to 


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the NOX RACT requirements in s. NR 

428.22(1)(a)1.a., Wis. Adm. Code, and 

shall comply with the NOX emission 

limit of 0.1 pounds per million British 

thermal units (lbs/MMBtu), based on a 

30-day rolling average, by May 1, 2009. 

Pursuant to a consent decree (Civil 

Action No. 03–C–0371), Boilers B20 and 

B21 became subject to the NOX emission 

limit of 0.08 lbs/MMBtu, based on a 12- 

month rolling average, by December 31, 

2006 and December 31, 2003, 

respectively. As noted in the source’s 

construction permit #18-RAB–05–ERC, 

issued on September 7, 2018, boilers 

B20–B23 were permanently shut down 

on or around April 10, 2018. 

c. Federal Emission Control Measures 

Reductions in VOC and NOX

emissions have occurred statewide and 

in upwind areas as a result of Federal 

emission control measures, with 

additional emission reductions expected 

to occur in the future. Federal emission 

control measures include the following: 

Tier 2 Emission Standards for 

Vehicles and Gasoline Sulfur Standards. 

On February 10, 2000 (65 FR 6698), EPA 

promulgated Tier 2 motor vehicle 

emission standards and gasoline sulfur 

control requirements. These emission 

control requirements result in lower 

VOC and NOX emissions from new cars 

and light duty trucks, including sport 

utility vehicles. With respect to fuels, 

this rule required refiners and importers 

of gasoline to meet lower standards for 

sulfur in gasoline, which were phased 

in between 2004 and 2006. By 2006, 

refiners were required to meet a 30 ppm 

average sulfur level, with a maximum 

cap of 80 ppm. This reduction in fuel 

sulfur content ensures the effectiveness 

of low emission-control technologies. 

The Tier 2 tailpipe standards 

established in this rule were phased in 

for new vehicles between 2004 and 

2009. EPA estimated that this rule will 

cut NOX and VOC emissions from lightduty vehicles and light-duty trucks by 

approximately 76 percent and 28 

percent, respectively. NOX and VOC 

reductions from medium-duty passenger 

vehicles included as part of the Tier 2 

vehicle program are estimated to be 

approximately 37,000 and 9,500 tons 

per year, respectively, when fully 

implemented. As projected by these 

estimates and demonstrated in the onroad emission modeling for the Kenosha 

portion, as shown in tables 2 and 3 

below, the majority of these emission 

reductions occurred by the attainment 

years and additional emission 

reductions will occur throughout the 

maintenance period, as remaining 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 reduce 

both tailpipe and evaporative emissions 

and to further reduce the sulfur content 

in fuels. The rule is being phased in 

between 2017 and 2025. Tier 3 sets new 

tailpipe standards for the sum of VOC 

and NOX and for particulate matter. The 

VOC and NOX tailpipe standards for 

light-duty vehicles represent 

approximately an 80 percent reduction 

from today’s fleet average and a 70 

percent reduction in per-vehicle 

particulate matter (PM) standards. 

Heavy-duty tailpipe standards represent 

about a 60 percent reduction in both 

fleet average VOC and NOX and pervehicle PM standards. The evaporative 

emissions requirements in the rule will 

result in approximately a 50 percent 

reduction from current standards and 

apply to all light-duty and on-road 

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 on-road emission modeling for the 

Kenosha portion, 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 on-road 

heavy-duty diesel engines that includes 

standards limiting the sulfur content of 

diesel fuel. Emissions standards for 

NOX, VOC and PM were phased in 

between model years 2007 and 2010. In 

addition, the rule reduced the highway 

diesel fuel sulfur content to 15 parts per 

million by 2007, leading to additional 

reductions in combustion NOX and VOC 

emissions. EPA has estimated future 

year emission reductions due to 

implementation of this rule. Nationally, 

EPA estimated that by 2015 NOX and 

VOC emissions would decrease by 

1,260,000 tons and 54,000 tons, 

respectively. Nationally, EPA estimated 

that by 2030 NOX and VOC emissions 

will decrease by 2,570,000 tons and 

115,000 tons, respectively. As projected 

by these estimates and demonstrated in 

the on-road emission modeling for the 

Kenosha portion, 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. 

Non-road Diesel Rule. On June 29, 

2004 (69 FR 38958), EPA issued a rule 

adopting emissions standards for nonroad diesel engines and sulfur 

reductions in non-road diesel fuel. This 

rule applies to diesel engines used 

primarily in construction, agricultural, 

and industrial applications. Emission 

standards were phased in for the 2008 

through 2015 model years based on 

engine size. The SO2 limits for non-road 

diesel fuels were phased in from 2007 

through 2012. EPA estimated that 

compliance with this rule will cut NOX

emissions from these non-road diesel 

engines by approximately 90 percent. 

As projected by these estimates and 

demonstrated in the non-road emission 

modeling for the Kenosha portion, some 

of these emission reductions occurred 

by the attainment years and additional 

emission reductions will occur 

throughout the maintenance period. 

Non-road Spark-Ignition Engines and 

Recreational Engine Standards. On 

November 8, 2002 (67 FR 68242), EPA 

adopted emission standards for large 

spark-ignition engines such as those 

used in forklifts and airport groundservice equipment; recreational vehicles 

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

recreational marine diesel engines. 

These emission standards were phased 

in from model year 2004 through 2012. 

EPA estimated an overall 72 percent 

reduction in VOC emissions from these 

engines and an 80 percent reduction in 

NOX emissions. As projected by these 

estimates and demonstrated in the nonroad emission modeling for the Kenosha 

portion, as shown in tables 2 and 3 

below, 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 percent reduction in NOX

emissions from these engines. Final Tier 

3 emission standards applied beginning 

in 2016 and are expected to result in 

approximately an 80 percent reduction 

in NOX from these engines. As projected 

by these estimates and demonstrated in 

the non-road emission modeling for the 

Kenosha portion, some of these 

emission reductions occurred by the 

attainment years and additional 

emission reductions will occur 

throughout the maintenance period. 


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2. Emission Reductions 

Wisconsin is using a 2011 emissions 

inventory as the nonattainment year. 

This is appropriate because it was one 

of the years used to designate the 

Chicago area as nonattainment. 

Wisconsin is using 2019 as the 

attainment year, which is appropriate 

because it is one of the years in the 

2019–2021 period used to demonstrate 

attainment. 

Wisconsin created the point source 

emission inventory using annually 

reported point source emissions, the 

EPA’s Clean Air Markets Division 

database and approved EPA techniques 

for emissions calculation (e.g., emission 

factors) for 2011 and 2019 point source 

emissions from state inventory 

databases. 

There is one EGU point source facility 

located in the Kenosha portion. For this 

facility, Wisconsin used the ozone 

season NOX emissions divided by the 

days of reported operation during the 

ozone season to represent summer day 

emissions. The VOC summer day 

emissions were derived by multiplying 

the facility’s ozone season heat input by 

an average VOC emission rate. 

Wisconsin tabulated the 2011 and 

2019 emissions inventories for non-EGU 

point sources using the emissions data 

reported annually by each facility 

operator to the Wisconsin air emissions 

inventory (AEI). The AEI calculates 

emissions for each individual emissions 

unit or process line by multiplying fuel 

or process throughput by the 

appropriate emission factor that is 

derived from mass balance analysis, 

stack testing, continuous emissions 

monitoring, engineering analysis, or 

EPA’s Factor Information Retrieval 

database. The emission calculations in 

the AEI also account for any operating 

control equipment. 

For the area sources, emissions 

inventory estimates were based on the 

2011 NEI version 2, except for the 

residential and commercial portable fuel 

containers and Stage II refueling 

categories as described below. Emission 

calculation methodologies used in 

developing 2011 nonpoint emissions 

inventory are available in the EPA’s 

2011 NEI, version 2 Technical Support 

Document. 

For the 2019 attainment year, area 

source emissions inventory estimates 

were based on the data interpolation 

between the 2016 base year and the 

2023 projection year of EPA’s 2016 

version 1 emissions modeling platform. 

Methodologies used to develop 2016 

and 2023 emissions modeling data are 

available in the EPA’s National 

Emissions Inventory Collaborative Wiki 

v1 release page (https://

views.cira.colostate.edu/wiki/wiki/ 

10202). 

On-road mobile source emissions 

were developed in conjunction with the 

Southeastern Wisconsin Regional 

Planning Commission (SEWRPC), the 

Metropolitan Planning Organization for 

the Kenosha portion. On-road mobile 

sources are motorized mobile 

equipment that are primarily used on 

public roadways. Examples of on-road 

mobile sources include cars, trucks, 

buses and road motorcycles. Wisconsin 

used the Motor Vehicle Emission 

Simulator (MOVES), the EPA’s 

recommended mobile source model, to 

develop on-road emissions rates. The 

version used was MOVES3. 

The modeling inputs to MOVES 

include detailed transportation data 

(e.g., vehicle-miles of travel by vehicle 

class, road class and hour of day, and 

average speed distributions), which 

were provided by SEWRPC. 

The methodology for the 2011 and 

2019 non-road emissions categories 

were developed using the EPA’s 

MOVES3 model, using the same 

summer day temperatures used for the 

on-road modeling. The model was run 

for Kenosha County for the months of 

June, July and August. Summer day 

emissions were calculated by dividing 

the total emissions over these three 

months by 92 (the number of days in the 

three months). Emissions were then 

allocated from the full county to the 

eastern Kenosha County area based on 

surrogates such as population, land area 

and water area, depending on the 

category. 

For commercial marine, aircraft and 

rail locomotive (MAR) categories, the 

annual emissions estimates used for 

Kenosha County are those in the EPA’s 

2011 NEI version 2. 

For the year 2019, the annual 

emissions estimates used for Kenosha 

County were obtained by linearly 

interpolating between the 2016 and 

2023 values in the EPA’s 2016 

emissions modeling platform, version 1. 

Summer day emissions for these MAR 

categories were estimated by dividing 

the annual emissions by 365. This same 

value was used in the EPA’s 2011 

version 6.3 emissions modeling 

platform. The allocation of the full 

county emissions to the eastern Kenosha 

County area is based on surrogates, such 

as population, land area and water area, 

depending on the MAR category. 

Emissions for Illinois and Indiana 

were based on inventories developed by 

those states in 2016 for an earlier round 

of redesignation requests. For the 

current document, 2011 and 2030 

emissions are directly taken from these 

earlier inventories, whereas 2019 and 

2035 emissions were determined by 

interpolation from these inventories. 

The original inventories are in 

Wisconsin’s 2016 redesignation request. 

Using the inventories described 

above, Wisconsin’s submittal 

documents the change in VOC and NOX

emissions from 2011 to 2019 for the 

Kenosha portion. Emissions data are 

shown in Tables 2 and 3. 

TABLE 2—EMISSIONS REDUCTION OF NOX EMISSIONS FOR THE ILLINOIS, INDIANA AND WISCONSIN PORTIONS OF THE

CHICAGO NONATTAINMENT AREA 2011–2019 (tons/day) 

Sector 

2011 

Nonattainment 

year 

2019 

Attainment year 

Emissions 

reduction 

Illinois 

EGU Point .................................................................................................................. 67.41 35.23 32.18 

Non-EGU ................................................................................................................... 52.57 47.55 5.02 

Area ........................................................................................................................... 32.03 34.63 ¥2.6 

On-Road .................................................................................................................... 285.34 134.38 150.96 

Non-road .................................................................................................................... 176.60 121.63 54.97 

Total .................................................................................................................... 613.96 373.42 240.53 

Indiana 

EGU Point .................................................................................................................. 24.04 4.29 19.75 


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TABLE 2—EMISSIONS REDUCTION OF NOX EMISSIONS FOR THE ILLINOIS, INDIANA AND WISCONSIN PORTIONS OF THE

CHICAGO NONATTAINMENT AREA 2011–2019 (tons/day)—Continued 

Sector 

2011 

Nonattainment 

year 

2019 

Attainment year 

Emissions 

reduction 

Non-EGU ................................................................................................................... 70.77 59.91 10.86 

Area ........................................................................................................................... 9.39 0.91 8.48 

On-road ...................................................................................................................... 24.70 14.91 9.79 

Non-road .................................................................................................................... 15.84 13.43 2.41 

Total .................................................................................................................... 144.74 93.45 51.29 

Wisconsin 

EGU Point .................................................................................................................. 8.71 0.00 8.71 

Non-EGU ................................................................................................................... 0.09 0.08 0.01 

Area ........................................................................................................................... 1.20 1.12 0.08 

On-Road .................................................................................................................... 4.82 1.81 3.01 

Non-road .................................................................................................................... 2.25 1.64 0.61 

Total .................................................................................................................... 17.07 4.65 12.42 

Chicago-Naperville, IL-IN-WI 2008 Ozone Area 

Illinois ......................................................................................................................... 613.96 373.42 240.53 

Indiana ....................................................................................................................... 144.74 93.45 51.29 

Wisconsin ................................................................................................................... 17.07 4.65 12.42 

Total .................................................................................................................... 775.77 471.52 304.24 

TABLE 3—EMISSIONS REDUCTION OF VOC EMISSIONS FOR THE ILLINOIS, INDIANA AND WISCONSIN PORTIONS OF THE

CHICAGO NONATTAINMENT AREA 2011–2019 (tons/day) 

Sector 2011 2019 Emissions 

reduction 

Illinois 

EGU Point .................................................................................................................. 0.62 0.97 ¥0.35 

Non-EGU ................................................................................................................... 47.63 45.35 2.28 

Area ........................................................................................................................... 215.15 232.00 ¥16.85 

On-Road .................................................................................................................... 72.43 66.45 5.98 

Non-road .................................................................................................................... 101.83 67.67 34.16 

Total .................................................................................................................... 437.66 412.44 25.22 

Indiana 

EGU Point .................................................................................................................. 0.54 0.47 0.07 

Non-EGU ................................................................................................................... 17.22 10.83 6.39 

Area ........................................................................................................................... 18.26 17.00 1.26 

On-road ...................................................................................................................... 9.58 6.80 2.78 

Non-road .................................................................................................................... 21.43 5.53 15.90 

Total .................................................................................................................... 67.03 40.63 26.40 

Wisconsin 

EGU Point .................................................................................................................. 0.38 0.00 0.38 

Non-EGU ................................................................................................................... 0.24 0.19 0.05 

Area ........................................................................................................................... 4.10 3.58 0.52 

On-Road .................................................................................................................... 1.90 0.89 1.01 

Non-road .................................................................................................................... 1.14 0.70 0.44 

Total .................................................................................................................... 7.76 5.36 2.40 

Chicago-Naperville, IL-IN-WI 2008 Ozone Area 

Illinois ......................................................................................................................... 437.66 412.44 25.22 

Indiana ....................................................................................................................... 67.03 40.63 26.40 

Wisconsin ................................................................................................................... 7.76 5.36 2.40 

Total .................................................................................................................... 512.45 458.43 54.02 


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As shown in Tables 2 and 3, NOX and 

VOC emissions in the Kenosha portion 

declined by 12.42 tons/day and 2.40 

tons/day, respectively, between 2011 

and 2017. NOX and VOC emissions 

throughout the entire Chicago area 

declined by 304.24 tons/day and 54.02 

tons/day, respectively, between 2011 

and 2019. 

3. Meteorology 

Wisconsin included an analysis to 

further support its demonstration that 

the improvement in air quality between 

the nonattainment year violations and 

the attainment year is due to permanent 

and enforceable emission reductions 

and not unusually favorable 

meteorology. Wisconsin analyzed the 

maximum fourth-highest 8-hour ozone 

values for May, June, July, August, and 

September, for years 2000 to 2021. 

First, the maximum 8-hour ozone 

concentration at each monitor in the 

Kenosha portion was compared to the 

number of days where the maximum 

temperature was greater than or equal to 

80 °F. While there is a clear trend in 

decreasing ozone concentrations at all 

monitors, there is no such trend in the 

temperature data. 

Wisconsin also examined the 

relationship between the average 

summer temperature for each year of the 

2000–2021 period and the fourthhighest 8-hour ozone concentration. 

Given the similarity of ozone 

concentrations observed at each monitor 

and the regional nature of ozone 

formation, Wisconsin conducted this 

analysis using the average fourthhighest 8-hour ozone concentration 

from all monitors in the Kenosha 

portion. 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 2021 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 Kenosha portion, 

and not unusually favorable summer 

temperatures. 

Finally, Wisconsin analyzed the 

relationship between average 

summertime relative humidity and 

average fourth-highest 8-hour ozone 

concentrations. The data did not show 

a correlation between relative humidity 

and ozone concentrations. 

As discussed above, Wisconsin 

identified numerous Federal rules that 

resulted in the reduction of VOC and 

NOX emissions from 2011 to 2021. In 

addition, Wisconsin’s analyses of 

meteorological variables associated with 

ozone formation demonstrate that the 

improvement in air quality in the 

Kenosha portion between the year 

violations occurred and the year 

attainment was achieved is not due to 

unusually favorable meteorology. 

Therefore, EPA finds that Wisconsin has 

shown that the air quality 

improvements in the Chicago area are 

due to permanent and enforceable 

emissions reductions. 

D. Does Wisconsin have a fully 

approvable ozone maintenance plan for 

the Kenosha portion? 

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 ensure 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 Kenosha portion to 

attainment for the 2008 ozone NAAQS, 

Wisconsin submitted a SIP revision to 

provide for maintenance of the 2008 

ozone NAAQS through 2030, more than 

10 years after the expected effective date 

of the redesignation to attainment. As 

discussed below, EPA proposes to find 

that Wisconsin’s ozone maintenance 

plan includes the necessary components 

and to approve the maintenance plan as 

a revision of the Wisconsin SIP. 

1. Attainment Inventory 

EPA is proposing to determine that 

Wisconsin portion of the Chicago area 

has attained the 2008 ozone NAAQS 

based on monitoring data for the period 

of 2019–2021. Wisconsin selected 2019 

as the attainment emissions inventory 

year to establish attainment emission 

levels for VOC and NOX. The attainment 

emissions inventory identifies the levels 

of emissions in the Kenosha portion that 

are consistent to attainment of the 2008 

ozone NAAQS. The derivation of the 

attainment year emissions is discussed 

above in section IV.C.2. of this proposed 

rule. The attainment level emissions, by 

source category, are summarized in 

Tables 2 and 3 above. 

2. Has the state documented 

maintenance of the ozone standard in 

the Kenosha portion? 

Wisconsin has demonstrated 

maintenance of the 2008 ozone NAAQS 

through 2030 by ensuring that current 

and future emissions of VOC and NOX

for the Kenosha portion 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). 

Wisconsin is using emissions 

inventories for the years 2030 and 2035 

to demonstrate maintenance. 2035 is 

more than 10 years after the expected 

effective date of the redesignation to 

attainment and 2030 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. 

Wisconsin estimated the future year 

point source emissions by applying 

growth factors to the 2019 attainment 

year emissions inventory. Wisconsin’s 

2030 and 2035 area source emissions 

were estimated primarily by 

extrapolating EPA’s 2023 and 2028 

modeling inventories. 

The methodology for the 2030 and 

2035 projected non-road emissions 

categories were developed using the 

EPA’s MOVES3 model, using the same 

summer day temperatures used for the 

on-road modeling. The model was run 

for Kenosha County for the months of 

June, July and August. Summer day 

emissions were calculated by dividing 

the total emissions over these three 

months by 92 (the number of days in the 

three months). Emissions were then 

allocated from the full county to the 


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eastern Kenosha County area based on 

surrogates such as population, land area 

and water area, depending on the 

category. 

For all source categories except 

commercial MAR, the MOVES3 model 

was run for Kenosha County at summer 

day temperatures, assuming the model’s 

default growth projections. 

For the three MAR categories, the 

2030 and 2035 emissions were 

calculated by extrapolating from the 

2023 and 2028 values from EPA’s 2016 

Emissions Modeling Platform, Version 

1. To avoid underestimating projected 

emissions, if the extrapolated emissions 

for 2030 or 2035 were less than those for 

2028, the emissions were set equal to 

those for 2028. 

On-road mobile source emissions 

were developed in conjunction with the 

SEWRPC and were calculated from 

emission factors produced by EPA’s 

MOVES3 model and data extracted from 

the region’s travel-demand model. 

Projected emissions data are shown in 

Tables 4 through 5 below. 

TABLE 4—PROJECTED EMISSIONS OF NOX EMISSIONS FOR THE ILLINOIS, INDIANA, AND WISCONSIN PORTIONS OF THE

CHICAGO NONATTAINMENT AREA 2030 AND 2035 (tons/day) 

Sector 2019 

Attainment year 

2030 

Interim year 

2035 

Maintenance year 

Emissions 

reduction 

2019–2035 

Illinois 

EGU Point ................................................................................ 35.23 43.59 40.97 ¥5.74 

Non-EGU ................................................................................. 47.55 48.56 49.28 ¥1.73 

Area ......................................................................................... 34.63 34.97 35.04 ¥0.41 

On-Road .................................................................................. 134.38 55.94 48.81 85.57 

Non-road .................................................................................. 121.63 106.80 108.27 13.36 

Total .................................................................................. 373.42 289.86 282.37 91.05 

Indiana 

EGU Point ................................................................................ 4.29 1.44 0.42 3.87 

Non-EGU ................................................................................. 59.91 60.79 61.51 ¥1.60 

Area ......................................................................................... 0.91 0.88 0.87 0.04 

On-road .................................................................................... 14.91 6.62 5.51 9.40 

Non-road .................................................................................. 13.43 10.25 8.49 4.94 

Total .................................................................................. 93.45 79.98 76.80 16.65 

Wisconsin 

EGU Point ................................................................................ 0.00 0.00 0.00 0.00 

Non-EGU ................................................................................. 0.08 0.12 0.12 ¥0.04 

Area ......................................................................................... 1.12 0.95 0.96 0.16 

On-Road .................................................................................. 1.81 0.85 0.75 1.06 

Non-road .................................................................................. 1.64 1.21 1.21 0.43 

EGU Emission credit ............................................................... .............................. 7.22 7.22 7.22 

Total .................................................................................. 4.65 3.13 3.04 1.61 

Chicago-Naperville, IL-IN-WI 2008 Ozone Area 

Illinois ....................................................................................... 373.42 289.86 282.37 91.05 

Indiana ..................................................................................... 93.45 79.98 76.80 16.65 

Wisconsin ................................................................................. 4.65 3.13 3.04 1.61 

Total .................................................................................. 471.52 372.97 362.21 109.31 

TABLE 5—PROJECTED EMISSIONS OF VOC EMISSIONS FOR THE ILLINOIS, INDIANA, AND WISCONSIN PORTIONS OF THE

CHICAGO NONATTAINMENT AREA 2025 AND 2030 (tons/day) 

Sector 2019 

Attainment year 

2030 

Interim year 

2035 

Maintenance year 

Emissions 

reduction 

2019–2035 

Illinois 

EGU Point ................................................................................ 0.97 2.52 2.80 ¥1.83 

Non-EGU ................................................................................. 45.35 44.71 44.54 0.81 

Area ......................................................................................... 232.00 225.11 225.11 6.89 

On-Road .................................................................................. 66.45 37.42 34.27 32.18 

Non-road .................................................................................. 67.67 66.41 67.37 0.30 

Total .................................................................................. 412.44 376.17 374.09 38.35 


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TABLE 5—PROJECTED EMISSIONS OF VOC EMISSIONS FOR THE ILLINOIS, INDIANA, AND WISCONSIN PORTIONS OF THE

CHICAGO NONATTAINMENT AREA 2025 AND 2030 (tons/day)—Continued 

Sector 2019 

Attainment year 

2030 

Interim year 

2035 

Maintenance year 

Emissions 

reduction 

2019–2035 

Indiana 

EGU Point ................................................................................ 0.47 0.56 0.68 ¥0.21 

Non-EGU ................................................................................. 10.83 10.84 10.90 ¥0.07 

Area ......................................................................................... 17.00 17.58 17.85 ¥0.85 

On-road .................................................................................... 6.80 3.77 2.93 3.87 

Non-road .................................................................................. 5.53 4.80 4.35 1.18 

Total .................................................................................. 40.63 37.55 36.71 3.92 

Wisconsin 

EGU Point ................................................................................ 0.00 0.00 0.00 0.00 

Non-EGU ................................................................................. 0.19 0.26 0.26 ¥0.07 

Area ......................................................................................... 3.58 3.49 3.56 0.02 

On-Road .................................................................................. 0.89 0.54 0.47 0.42 

Non-road .................................................................................. 0.70 0.63 0.62 0.08 

EGU Emission credit ............................................................... .............................. 0.37 0.37 0.37 

Total .................................................................................. 5.36 4.92 4.91 0.45 

Chicago-Naperville, IL-IN-WI 2008 Ozone Area 

Illinois ....................................................................................... 412.44 376.17 374.09 38.35 

Indiana ..................................................................................... 40.63 37.55 36.71 3.92 

Wisconsin ................................................................................. 5.36 4.92 4.91 0.45 

Total .................................................................................. 458.43 418.64 415.71 42.72 

In summary, Wisconsin’s 

maintenance demonstration for the 

Kenosha portion shows maintenance of 

the 2008 ozone NAAQS by providing 

emissions information to support the 

demonstration that future emissions of 

NOX and VOC will remain at or below 

2019 emission levels when considering 

both future source growth and 

implementation of future controls. As 

shown in Tables 4 and 5, emissions in 

the Kenosha portion are projected to 

decrease by 1.61 tons/day and 0.45 tons/ 

day, respectively, between 2019 and 

2035. NOX and VOC emissions in the 

entire Chicago area are projected to 

decrease by 109.31 tons/day and 42.72 

tons/day, respectively, between 2019 

and 2035. 

3. Continued Air Quality Monitoring 

Wisconsin has committed to continue 

to operate the ozone monitors listed in 

Table 1 above. Wisconsin has 

committed to consult with EPA prior to 

making changes to the existing 

monitoring network should changes 

become necessary in the future. 

Wisconsin remains obligated to meet 

monitoring requirements, to continue to 

quality assure monitoring data in 

accordance with 40 CFR part 58, and to 

enter all data into the Air Quality 

System (AQS) in accordance with 

Federal guidelines. 

4. Verification of Continued Attainment 

Wisconsin has confirmed that it has 

the legal authority to enforce and 

implement the requirements of the 

maintenance plan for the Kenosha 

portion. 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. Wisconsin will 

continue to operate the current ozone 

monitors located in the Kenosha 

portion. 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, Wisconsin will continue to 

develop and submit to EPA updated 

emission inventories for all source 

categories at least once every three 

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 on December 17, 2008 (73 

FR 76539). The most recent triennial 

inventory for Wisconsin was compiled 

for 2014. Point source facilities covered 

by Wisconsin’s emission statement rule, 

Wisconsin Administrative Code NR 438, 

will continue to submit VOC and NOX

emissions on an annual basis. 

5. What is the contingency plan for the 

Kenosha portion? 

Section 175A of the CAA requires that 

the state adopt a maintenance plan, as 

a SIP revision, that includes such 

contingency measures as EPA deems 

necessary to ensure 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 


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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, Wisconsin has adopted a 

contingency plan for the Kenosha 

portion to address possible future ozone 

air quality violations. The contingency 

plan adopted by Wisconsin has two 

levels of response, a warning level 

response and an action level response. 

In Wisconsin’s plan, a warning level 

response will be triggered when an 

annual fourth highest monitored value 

of 0.075 ppm or higher is monitored 

within the maintenance area. A warning 

level response will require Wisconsin to 

conduct a study. The study would 

include the two elements. The first 

element would assess whether actual 

emissions have deviated significantly 

from the emissions projections 

contained in this maintenance plan for 

the Kenosha portion, along with an 

evaluation of which sectors and states 

are responsible for any emissions 

increases. Second, Wisconsin would 

investigate whether unusual 

meteorological conditions during the 

high ozone year led to the high 

monitored ozone concentrations. 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 and will 

be completed no later than May 1st of 

the next season. Implementation of 

necessary controls in response to a 

warning level response trigger will take 

place no later than 18 months from the 

completion of the study. 

In Wisconsin’s plan, an action level 

response would be triggered if a threeyear design value exceeds the level of 

the 2008 ozone NAAQS (0.075 ppm). 

When an action level response is 

triggered, Wisconsin will determine 

what additional control measures are 

needed to ensure future attainment of 

the 2008 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. Wisconsin 

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. 

Wisconsin included the following list 

of potential contingency measures in its 

maintenance plan. However, Wisconsin 

is not limited to the measures on this 

list: 

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. Wisconsin notes that because it is 

not possible to determine what control 

measures will be appropriate in the 

future, the list is not comprehensive. 

EPA has concluded that Wisconsin’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, 

Wisconsin has committed to submit to 

EPA an updated ozone maintenance 

plan eight years after redesignation of 

the Kenosha portion to cover an 

additional ten years beyond the initial 

10-year maintenance period. Thus, EPA 

finds that the maintenance plan SIP 

revision submitted by Wisconsin for the 

Kenosha portion 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 

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 2008 

ozone NAAQS in EPA’s December 6, 

2018 implementation rule (83 FR 

62998). These control strategy SIPs 

(including reasonable further progress 

plans and attainment plans) and 

maintenance plans must include MVEBs 

for criteria pollutants, including ozone 

and their precursor pollutants (VOC and 

NOX) to address pollution from on-road 

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, after it 

is established in the SIP. 

As discussed earlier, Wisconsin’s 

maintenance plan includes NOX and 

VOC MVEBs for the Kenosha for 2030 

and 2025, the last year of the 

maintenance period and an interim 

year. The MVEBs were developed as 

part of an interagency consultation 

process which includes Federal, state, 

and local agencies. The MVEBs were 

clearly identified and precisely 

quantified. These MVEBs, when 

considered together with all other 

emissions sources, are consistent with 

maintenance of the 2008 ozone NAAQS. 

TABLE 6—MVEBS FOR THE KENOSHA

2008 OZONE MAINTENANCE PLAN

(tons/day) 

Pollutant 2030 MVEB 2035 MVEB 

NOX ................... 0.85 0.75 

VOC .................. 0.54 0.47 

EPA is proposing to approve the 

MVEBs for use to determine 

transportation conformity in the 

Kenosha portion of the Chicago area, 

because EPA has determined that the 

area can maintain attainment of the 

2008 ozone NAAQS for the relevant 


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6820 Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Proposed Rules 

maintenance period with mobile source 

emissions at the levels of the MVEBs. 

B. 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 Tables 4 and 5 above, the 

emissions in the Kenosha portion are 

projected to have safety margins of 1.61 

tons/day for NOX and 0.45 tons/day for 

VOC in 2035 (the difference between the 

attainment year, 2019, emissions and 

the projected 2030 emissions for all 

sources in the Kenosha portion. 

Similarly, there is a safety margin of 

1.52 tons/day for NOX and 0.44 tons/day 

for VOC in 2030. 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. 

Wisconsin is not allocating any of the 

safety margin to the mobile source 

sector. Wisconsin can request an 

allocation to the MVEBs of the available 

safety margins reflected in the 

demonstration of maintenance in a 

future SIP revision. 

VI. Enhanced I/M in the Kenosha 

Portion 

CAA section 182(c)(3) requires states 

with ozone nonattainment areas 

classified as serious or higher to 

implement an enhanced vehicle I/M 

program. The general purpose of motor 

vehicle I/M programs is to reduce 

emissions from in-use motor vehicles in 

need of repairs and thereby contribute 

to state and local efforts to improve air 

quality and to attain the NAAQS. 

Wisconsin’s I/M program has been in 

operation since 1984. It was originally 

implemented in accordance with the 

1977 CAA Amendments and operated in 

the six counties of Kenosha, Milwaukee, 

Ozaukee, Racine, Washington and 

Waukesha. Sheboygan County was 

added to the program in July 1993, 

resulting in a seven-county program 

area that has remained to the present. 

Vehicles were originally tested by 

measuring tailpipe emissions using a 

steady-state idle test. Tampering 

inspections were added in 1989. The I/ 

M program is jointly administered by 

WDNR and the Wisconsin Department 

of Transportation. 

The 1990 CAA Amendments set 

additional requirements for I/M 

programs. For moderate areas, a ‘‘basic’’ 

program was required under section 

182(b)(4). For serious or worse areas, an 

‘‘enhanced’’ program was required 

under section 182(c)(3). EPA’s 

requirements for basic and enhanced I/ 

M programs are found in 40 CFR part 

51, subpart S. 

Wisconsin’s I/M program transitioned 

to an enhanced program in December 

1995. The major enhancement involved 

adding new test procedures to more 

effectively identify high-emitting 

vehicles. These new test procedures 

included a transient emissions test in 

which tailpipe emissions were 

measured while the vehicle was driven 

on a dynamometer (a treadmill-type 

Attainment Plan for the Partial Kenosha 

County 2008 Ozone NAAQS Serious 

Nonattainment Area 50 device). 

Improving repairs and public 

convenience were also major focuses of 

the enhancement effort. 

Since July of 2001, all model year 

(MY) 1996 and later cars and light 

trucks have been inspected by scanning 

the vehicle’s computerized secondgeneration on-board diagnostic (OBDII) 

system instead of measuring tailpipe 

emissions. As of July 2008, the program 

dropped tailpipe testing entirely and 

has inspected all vehicles by scanning 

the OBDII system. This change was the 

result of statutory changes in the State’s 

2007–2009 biennial budget which 

exempted model years of vehicles not 

federally required to be equipped with 

the OBDII technology (MY 1995 and 

earlier cars and light trucks and MY 

2006 and earlier heavy trucks). To help 

offset the emissions reductions lost from 

exempting the pre-OBDII vehicles, the 

program increased the testable fleet for 

MYs 2007 and later by adding gasolinepowered vehicles between 10,001 to 

14,000 pounds gross vehicle weight 

rating (GVWR) and diesel-powered 

vehicles of all weights up to 14,000 

pounds GVWR. 

EPA fully approved Wisconsin’s 

enhanced I/M program on August 16, 

2001 (66 FR 42949), including the 

program’s legal authority and 

administrative requirements in the 

Wisconsin Statutes and Wisconsin 

Administrative Code. On June 7, 2012, 

WDNR submitted a SIP revision to EPA 

covering all the changes to the program 

since EPA approved the program in 

2001. This submittal included a 

demonstration under section 110(l) of 

the CAA addressing lost emission 

reductions associated with the program 

changes. The EPA approved this SIP 

revision on September 19, 2013 (78 FR 

57501). 

The legal authority and administrative 

requirements for the Wisconsin I/M 

program are found in sections 110.20 

and 285.30 of the Wisconsin Statutes 

and Chapters NR 485 and Trans 131 of 

the Wisconsin Administrative Code. 

To fully address CAA section 

182(c)(3) for the 2008 standard, 

Wisconsin performed a performance 

modeling analysis that their current I/M 

program meets the requirements of 

EPA’s enhanced performance standard 

for areas designated and classified 

under the 8-hour ozone standard, as 

specified in 40 CFR 51.351(i). 

Wisconsin used the most recent version 

of EPA’s mobile source emissions 

model, MOVES3.0.2, released in 

September 2021 for the analysis. This 

modeling was conducted in accordance 

with the EPA’s technical guidance: 

Performance Standard Modeling for 

New and Existing Vehicle Inspection 

and Maintenance (I/M) Programs Using 

the MOVES Mobile Source Emissions 

Model, EPA–420–B–14–006, January 

2014, and MOVES3 Technical 

Guidance: Using MOVES to Prepare 

Emission Inventories for State 

Implementation Plans and 

Transportation Conformity, EPA–420– 

B–20–052, November 2020. 

The performance modeling analysis 

involves a comparison of emission 

reductions from the EPA’s model 

program specified in 40 CFR 51.351(i) 

and Wisconsin’s actual program in the 

six reformulated gasoline counties of 

Kenosha, Milwaukee, Ozaukee, Racine, 

Washington and Waukesha; and the 

single conventional gasoline county of 

Sheboygan. In addition, Wisconsin did 

a demonstration for the subject area of 

this redesignation request, the Kenosha 

portion. 

To demonstrate that an enhanced I/M 

program meets the performance 

standard, the emission reductions from 

the actual I/M program are within the 

0.02 gram per mile (gm/mi) buffer of the 

emission reductions from the EPA 

model program under 40 CFR 51.351(i) 

as defined in EPA’s guidance referenced 

above. Wisconsin’s actual I/M program 

are within the 0.02 gm/mi buffer of the 

emission reductions from the EPA 

model program under 40 CFR 51.351(i) 

for all areas. The 6 county Southeast 

Wisconsin reformulated gasoline area 

buffer was 0.0010 gm/mi for NOX and 

0.0047 gm/mi for VOC. The Sheboygan 

conventional gasoline area buffer was 

0.0012 gm/mi for NOX and 0.0049 gm/ 

mi for VOC. The Kenosha portion area 

buffer was 0.0011 gm/mi for NOX and 

0.0046 gm/mi for VOC. Therefore, 

Wisconsin’s current I/M program meets 

the applicable enhanced I/M 

performance requirements in 40 CFR 

51.351 in all areas in which the program 

is implemented, including the Kenosha 

portion serious nonattainment area for 

the 2008 ozone NAAQS. 


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Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Proposed Rules 6821 

VII. Proposed Actions 

EPA is proposing to determine that 

the Chicago area is attaining the 2008 

ozone NAAQS, based on quality-assured 

and certified monitoring data for 2019– 

2021. EPA is proposing to determine 

that upon final approval of Wisconsin’s 

enhanced I/M performance modeling 

analysis as part of the SIP, the Kenosha 

portion will have 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 Kenosha portion of 

the Chicago-Naperville, IL-IN-WI area 

from nonattainment to attainment for 

the 2008 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 Kenosha portion in attainment of the 

2008 ozone NAAQS through 2035. EPA 

finds adequate and is proposing to 

approve the newly-established 2030 and 

2035 MVEBs for the Kenosha portion. 

Finally, EPA is proposing to approve the 

enhanced I/M performance modeling 

analysis included in Wisconsin’s 

December 3, 2021 submittals, because 

they satisfy the serious enhanced I/M 

requirements for the Kenosha portion. 

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 they meet the criteria of the 

CAA. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because 

redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of ozone national ambient air quality 

standards in tribal lands. 

List of Subjects 

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: February 1, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2022–02425 Filed 2–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 171 

[EPA–HQ–OPP–2021–0831; FRL–9134.1– 

01–OCSPP] 

RIN 2070–AL01 

Pesticides; Certification of Pesticide 

Applicators; Further Extension to 

Expiration Date of Certification Plans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to extend the 

deadline by which Federal, State, 

territory, and tribal certifying authorities 

with existing certification plans are 

required to revise their existing 

certification plans to conform with the 

updated Federal standards for the 

certification of applicators of restricted 

use pesticides (RUPs) up to but not 

longer than November 4, 2024. Federal, 

State, territory, and tribal certifying 

authorities with existing certification 

plans are required to revise their 

existing certification plans to conform 

with the updated Federal standards for 

the certification of applicators of RUPs 

and the regulations established the 

deadline by which the existing plans are 

set to expire unless the revised plans are 

approved by the Agency. EPA is 

proposing this extension to allow 

additional time for proposed 

certification plan modifications to 

continue being reviewed and approved 

by EPA without interruption to Federal, 

State, territory, and tribal certification 

programs or to those who are certified 

to use RUPs under those programs. 

DATES: Comments must be received on 

or before March 9, 2022. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0831, 

using the Federal eRulemaking Portal at 

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

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 


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