12020 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 

1Annual monitoring data is typically certified by 

May 1 of the following year. In this case Wisconsin 

has early-certified the 2021 ozone data for the area 

prior to the May 1, 2022, deadline. 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 18, 2022. 

David Cash, 

Regional Administrator, EPA Region 1. 

[FR Doc. 2022–04032 Filed 3–2–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2022–0008; FRL–9609–01– 

R5] 

Air Plan Approval; Wisconsin; 

Redesignation of the Revised Door 

County (Partial) Area to Attainment of 

the 2015 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to find that 

the revised Door County (partial) 

nonattainment area in Wisconsin is 

attaining the 2015 ozone National 

Ambient Air Quality Standard (NAAQS 

or standard) and to act in accordance 

with a request from the Wisconsin 

Department of Natural Resources 

(WDNR) to redesignate the area to 

attainment of the 2015 ozone NAAQS, 

because the request meets the statutory 

requirements for redesignation under 

the Clean Air Act (CAA). Wisconsin 

submitted this request on January 5, 

2022. EPA is also proposing to approve, 

as a revision to the Wisconsin State 

Implementation Plan (SIP), the 

emissions inventory for the area and the 

State’s plan for maintaining the 2015 

ozone NAAQS through 2035 in the area. 

Finally, EPA is proposing to approve 

Wisconsin’s 2030 and 2035 volatile 

organic compound (VOC) and oxides of 

nitrogen (NOX) Motor Vehicle Emission 

Budgets (budgets) for this area and 

initiating the adequacy review process 

for these budgets. 

DATES: Comments must be received on 

or before April 4, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2022–0008 at https://

www.regulations.gov or via email to 

arra.sarah@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: 

Jenny Liljegren, Physical Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6832, 

Liljegren.Jennifer@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What is EPA proposing? 

II. What is the background for these actions? 

III. What are the criteria for redesignation? 

IV. What is EPA’s analysis of Wisconsin’s 

redesignation request? 

A. Has the area attained the 2015 ozone 

NAAQS? 

B. Has Wisconsin met all applicable 

requirements of section 110 and part D 

of the CAA for the area, and does 

Wisconsin have a fully approved SIP for 

the area under section 110(k) of the 

CAA? 

C. Are the air quality improvements in the 

area due to permanent and enforceable 

emission reductions? 

D. Does Wisconsin have a fully approvable 

ozone maintenance plan for the area? 

V. Has the state adopted approvable motor 

vehicle emission budgets? 

VI. Proposed actions 

VII. Statutory and executive order reviews 

I. What is EPA proposing? 

EPA is proposing to determine that 

the revised Door County (partial) 

nonattainment area in Wisconsin (the 

area) is attaining the 2015 ozone 

NAAQS, based on quality-assured and 

early 1 certified monitoring data for 

2019–2021, and that this area has met 

the requirements for redesignation 

under section 107(d)(3)(E) of the CAA. 

EPA is thus proposing to change the 

legal designation of the area from 

nonattainment to attainment for the 

2015 ozone NAAQS. EPA is also 

proposing to approve, as a revision to 

the Wisconsin SIP, the emissions 

inventory for this area and the State’s 

maintenance plan (such approval being 

one of the CAA criteria for redesignation 

to attainment status) for the area. The 

maintenance plan is designed to keep 

the area in attainment of the 2015 ozone 

NAAQS through 2035. Finally, EPA is 

proposing to approve the newlyestablished 2030 and 2035 budgets for 

the area. 

II. What is the background for these 

actions? 

Ground-level ozone is detrimental to 

human health. On October 1, 2015, EPA 

promulgated a revised health-based 8- 

hour ozone NAAQS of 0.070 parts per 

million (ppm). See 80 FR 65292 

(October 26, 2015). Under EPA’s 

regulations at 40 CFR part 50, the 2015 

ozone NAAQS is attained in an area 

when the 3-year average of the annual 

fourth highest daily maximum 8-hour 

average concentration is equal to or less 

than 0.070 ppm, when truncated after 

the thousandth decimal place, at all the 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 12021 

2EPA designated the area as a Rural Transport 

Area (RTA), which means EPA determined that the 

NOX and VOC emissions from sources within the 

area do not make a significant contribution to ozone 

concentrations in the area itself or in other areas. 3On December 22, 2017, EPA announced an 

anticipated 2015 ozone NAAQS nonattainment area 

designation for the portion of Door County 

Wisconsin north of the Sturgeon Bay Canal 

(including Newport State Park). On June 4, 2018 (83 

FR 25776) (effective August 3, 2018), EPA, 

consistent with information provided by Wisconsin, 

finalized designation of a smaller than anticipated 

nonattainment area limited only to the Newport 

State Park boundary. On June 10, 2020 (85 FR 

35377), based on the area’s satisfaction of CAA 

requirements, EPA finalized redesignation to 

attainment for the Newport State Park area. On June 

14, 2021 (86 FR 31438, effective July 14, 2021) as 

part of its review of certain area designations for the 

2015 ozone standards in response to a July 2020, 

remand issued by the D.C. Circuit Court of Appeals 

(the D.C. Circuit), EPA designated as nonattainment 

of the 2015 ozone NAAQS the portion of Door 

County north of the Sturgeon Bay canal (excluding 

the recently redesignated Newport State Park). This 

portion of Door County north of the Sturgeon Bay 

Canal (excluding Newport State Park) is known as 

the ‘‘Revised Door County’’ nonattainment area (or 

area) and is the subject of this redesignation 

proposal notice. 

4The ozone season is defined by state in 40 CFR 

58 appendix D. The ozone season for Wisconsin is 

March 1–October 15. See 80 FR 65292, 65466–67 

(October 26, 2015). 

recent three years of quality assured 

ozone monitoring data. This portion of 

the area was designated as a Marginal 

nonattainment area and as a Rural 

Transport Area (RTA) 2 for the 2015 

ozone NAAQS on June 14, 2021 (86 FR 

31438, effective July 14, 2021) based on 

2014–2016 data.3 EPA is also proposing 

approval of the emission inventory and 

the motor vehicle emissions budgets 

(budgets) for the area. 

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. 

IV. What is EPA’s analysis of 

Wisconsin’s redesignation request? 

A. Has the area attained the 2015 ozone 

NAAQS? 

For redesignation of a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the area has 

attained the applicable NAAQS (CAA 

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

attaining the 2015 ozone NAAQS if it 

meets the 2015 ozone NAAQS, as 

determined in accordance with 40 CFR 

50.19 and appendix U of part 50, based 

on three complete, consecutive calendar 

years of quality-assured air quality data 

for all monitoring sites in the area. To 

attain the 2015 ozone NAAQS, the 3- 

year average of the annual fourthhighest daily maximum 8-hour average 

ozone concentrations (ozone design 

values) at each monitor must not exceed 

0.070 ppm. The air quality data must be 

collected and quality-assured in 

accordance with 40 CFR part 58 and 

recorded in EPA’s Air Quality System 

(AQS). Ambient air quality monitoring 

data for the 3-year period must also 

meet data completeness requirements. 

An ozone design value is valid if daily 

maximum 8-hour average 

concentrations are available for at least 

90% of the days within the ozone 

monitoring seasons,4 on average, for the 

3-year period, with a minimum data 

completeness of 75% 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 for the 2019–2021 

period. These data have been quality 

assured, are recorded in the AQS, and 

have been early certified. These data 

demonstrate that the area is attaining 

the 2015 ozone NAAQS. The annual 

fourth-highest 8-hour ozone 

concentration and the 3-year average of 

these concentrations (monitoring site 

ozone design value) for the area 

monitoring site are summarized in Table 

1. 

TABLE 1—ANNUAL FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATION AND 3-YEAR AVERAGE OF THE

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

County Monitor Year % Observed Fourth high 

(ppm) 

2019–2021 

average 

(ppm) 

Door ..................................................................................... 55–029–0004 2019 

2020 

2021 

97 

98 

99 

0.066 

0.075 

0.070 

0.070 

The area’s 3-year ozone design value 

for 2019–2021 is 0.070 ppm, which 

meets the 2015 ozone NAAQS. 

Therefore, in this action, EPA proposes 

to determine that the area is attaining 

the 2015 ozone NAAQS. 

EPA will not take final action to 

determine that the area is attaining the 

NAAQS nor to approve the 

redesignation of this area if the design 

value of the monitoring site in the area 

violates the NAAQS 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 2015 ozone NAAQS. 

B. Has Wisconsin met all applicable 

requirements of section 110 and part D 

of the CAA for the area, and does 

Wisconsin have a fully approved SIP for 

the area under section 110(k) of the 

CAA? 

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 2015 ozone NAAQS). 

Additionally, EPA finds that all 

applicable requirements of the 

Wisconsin SIP for the area have been 

fully approved under section 110(k) of 

the CAA. In making these 


khammond on DSKJM1Z7X2PROD with PROPOSALS
12022 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 

5 ‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air Quality 

Management Division, September 4, 1992 (the 

‘‘Calcagni memorandum’’). 

6 ‘‘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 (‘‘the Shapiro memorandum’’). 

7On September 14, 2018, Wisconsin submitted a 

SIP to meet the requirements of section 110 for the 

2015 ozone NAAQS. The requirements of section 

110(a)(2), however, are statewide requirements that 

are not linked to the 2015 ozone NAAQS 

nonattainment status of the area. Therefore, EPA 

concludes that these infrastructure requirements are 

not applicable requirements for purposes of review 

of the State’s 2015 ozone NAAQS redesignation 

request. 

determinations, EPA ascertained which 

requirements are applicable for 

purposes of redesignation, and 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 these 

applicable requirements of the CAA. 

The Calcagni memorandum 5

describes EPA’s interpretation of which 

requirements are ‘‘applicable’’ for 

purposes of redesignation under section 

107(d)(3)(E) of the CAA. Under this 

interpretation, a requirement is not 

‘‘applicable’’ unless it was due prior to 

the state’s submittal of a complete 

redesignation request for the area. See 

also the Shapiro memorandum 6 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). 

1. Wisconsin Has Met All Applicable 

Requirements of Section 110 and Part D 

of the CAA Applicable to the Area for 

Purposes of Redesignation 

a. Section 110 General Requirements 

for Implementation Plans 

Section 110(a)(2) of the CAA outlines 

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, Clean 

Air Interstate Rule (CAIR) and the CrossState Air Pollution Rule (CSAPR). 

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

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

SIP requirements are not linked with a 

particular area’s ozone designation and 

classification. EPA concludes that the 

SIP requirements linked with 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 

2015 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 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 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.7

b. Part D Requirements 

Section 172(c) of the CAA sets forth 

the basic requirements of air quality 

plans for states with nonattainment 

areas that are required to submit them 

pursuant to section 172(b). Subpart 2 of 

part D, which includes section 182 of 

the CAA, establishes specific 

requirements for ozone nonattainment 

areas depending on the areas’ 

nonattainment classifications. 

The area was classified as Marginal 

under subpart 2 for the 2015 ozone 

NAAQS. Therefore, the area is subject to 

the subpart 1 requirements contained in 

section 172(c) and section 176. 

Similarly, the area is subject to the 

subpart 2 requirements contained in 

section 182(a) (Marginal nonattainment 

area requirements). A thorough 

discussion of the requirements 

contained in section 172(c) and 182 can 

be found in the General Preamble for 

Implementation of Title I (57 FR 13498). 

i. Subpart 1 Section 172 Requirements 

CAA Section 172(b) requires states to 

submit SIPs meeting the requirements of 

section 172(c) no later than three years 

from the date of the nonattainment 

designation. For the area, the SIP 

provisions required under CAA section 

172 were due August 3, 2021. 

EPA previously approved Wisconsin’s 

nonattainment NSR program on January 

18, 1995 (60 FR 3538), and proposed an 

updated approval on January 19, 2022 

(87 FR 2719). However, notwithstanding 

this approval, because PSD 

requirements will apply after 

redesignation, EPA has determined that 

areas being redesignated need not 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 12023 

8 ‘‘Part D New Source Review Requirements for 

Areas Requesting Redesignation to Attainment’’ 

Memorandum from Mary Nichols, Assistant 

Administrator for Air and Radiation, October 14, 

1994 (‘‘the Nichols memorandum’’). 

9CAA 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 budgets, such as control 

strategy SIPs and maintenance plans. 

comply with the requirement that an 

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 the Nichols 

memorandum.8 See rulemakings for 

Detroit, Michigan (60 FR 12467–12468, 

March 7, 1995); Cleveland-AkronLorain, 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 area upon redesignation 

to attainment. EPA approved 

Wisconsin’s PSD program on October 6, 

2014 (79 FR 60064) and February 7, 

2017 (82 FR 9515). 

ii. Section 176 Conformity 

Requirements 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs and 

projects that are developed, funded or 

approved under title 23 of the United 

States Code (U.S.C.) and the Federal 

Transit Act (transportation conformity), 

as well as to all other federally 

supported or funded projects (general 

conformity). State transportation 

conformity SIP revisions must be 

consistent with Federal conformity 

regulations relating to consultation, 

enforcement and enforceability that EPA 

promulgated pursuant to its authority 

under the CAA. 

EPA interprets the conformity SIP 

requirements 9 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 Door County area. See 79 FR 

10995 (February 27, 2014). 

iii. Inventory Requirement 

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

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

require states to develop and submit, as 

SIP revisions, emission inventories for 

all areas designated as nonattainment 

for any NAAQS, including the ozone 

NAAQS. An emission inventory for 

ozone is an estimation of actual 

emissions of air pollutants that 

contribute to the formation of ozone in 

an area. Ozone is a gas that is formed 

by the reaction of VOC and NOX in the 

atmosphere in the presence of sunlight 

(VOC and NOX are referred to as ozone 

precursors). Therefore, an emission 

inventory for ozone focuses on the 

emissions of VOC and NOX. VOC is 

emitted by many types of pollution 

sources, including power plants, 

industrial sources, on-road and nonroad 

mobile sources, smaller stationary 

sources, collectively referred to as area 

sources, and biogenic sources. NOX is 

primarily emitted by combustion 

sources, both stationary and mobile. 

Emission inventories provide 

emissions data for a variety of air 

quality planning tasks, including 

establishing baseline emission levels 

(anthropogenic [manmade] emissions 

associated with ozone standard 

violations), calculating emission 

reduction targets needed to attain the 

NAAQS and to achieve reasonable 

further progress (RFP) toward 

attainment of the ozone standard (not 

required in the area considered here), 

determining emission inputs for ozone 

air quality modeling analyses, and 

tracking emissions over time to 

determine progress toward achieving air 

quality and emission reduction goals. 

As stated above, the CAA requires the 

states to submit emission inventories for 

areas designated as nonattainment for 

ozone. For the 2015 ozone NAAQS, EPA 

specifies that states submit ozone season 

day emission estimates for an inventory 

calendar year to be consistent with the 

baseline year for RFP plan as required 

by 40 CFR 51.1310(b). For the RFP 

baseline year for the 2015 ozone 

NAAQS under 40 CFR 51.1310(b), states 

may use a calendar year for the most 

recently available complete triennial (3- 

year cycle) emissions inventory (40 CFR 

51, subpart A) preceding the year of the 

area’s effective date of designation as a 

nonattainment area. (83 FR 63034– 

63035, December 6, 2018). States are 

required to submit estimates of VOC and 

NOX emissions for four general classes 

of anthropogenic sources: Stationary 

point sources; area sources; on-road 

mobile sources; and nonroad mobile 

sources. 

WDNR provided documentation of a 

2014 NOX and VOC base year emissions 

inventory requirement for the area. 

WDNR selected 2014 because this was 

one of the three years of ozone data 

indicating a violation of the ozone 

standard that were used to designate the 

areas as nonattainment for the 2015 

ozone NAAQS. 83 FR 25778, 25779. 

Tables 2 and 3 summarize the 2014 NOX

and VOC emissions for the area in tons 

of emissions per ozone season day. 

EPA has reviewed WDNR’s requested 

SIP revision for consistency with 

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

the CAA and with EPA’s emission 

inventory requirements. In particular, 

EPA has reviewed the techniques used 

by WDNR to derive and quality assure 

the emission estimates. EPA has also 

considered whether Wisconsin has 

provided the public with the 

opportunity to review and comment on 

the development of the emission 

estimates, whether Wisconsin has 

confirmed that source facility emission 

statements are required for the 2015 

ozone standard, and whether the State 

has addressed all public comments. 

WDNR documented the procedures 

used to estimate the emissions for each 

of the major source types including 

running the latest version of the Motor 

Vehicle Emission Simulator model 

(MOVES3.0.2) for the on-road and 

nonroad emissions. The documentation 

of the emission estimation procedures is 

thorough and is adequate for EPA to 

determine that Wisconsin followed 

acceptable procedures to estimate the 

emissions. Accordingly, we conclude 

that Wisconsin has developed 

inventories of NOX and VOC emissions 

that are comprehensive and complete. 

iv. Subpart 2 Section 182(a) 

Requirements 

Section 182(a)(1) requires states to 

submit a comprehensive, accurate, and 

current inventory of actual emissions 

from sources of VOC and NOX emitted 

within the boundaries of the ozone 

nonattainment area within two years of 

designation. The emissions inventory 

for the area, which was due August 3, 

2020, is included in WDNR’s recent 

redesignation request. EPA’s analysis of 

the inventory is included above, and 

EPA proposes approval of this inventory 

as satisfying the 182(a)(1) inventory 

requirement. 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
12024 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 

10EPA designated the area as a Rural Transport 

Area (RTA), which means EPA determined that the 

NOX and VOC emissions from sources within the 

area do not make a significant contribution to ozone 

concentrations in the area itself, or in other areas. 

Therefore, it is reasonable to find that the 

permanent and enforceable precursor emissions 

reductions required for redesignation must be from 

areas outside the area within Wisconsin’s control. 

The permanent and enforceable emissions 

reductions detailed in Wisconsin’s redesignation 

request and discussed in this proposed action 

represent statewide reductions from Wisconsin and 

specifically from Wisconsin’s Green Bay 

metropolitan area and Wisconsin’s Milwaukee 

metropolitan area, both of which are upwind of the 

area, and which, therefore, have the potential to 

impact ozone levels in the area. Additionally, 

permanent and enforceable reductions from 

Chicago, a multi-state metropolitan area upwind of 

the area, are listed. The Chicago metropolitan area 

generally consists of portions of Wisconsin, Illinois, 

and Indiana. For its upwind emissions reduction 

analysis for the Chicago metropolitan area, 

Wisconsin included: Cook, Dekalb, DuPage, 

Grundy, Kane, Kendall, Lake, McHenry, and Will 

Counties in Illinois; Jasper, Lake, Porter and 

Newton Counties in Indiana, and Kenosha County, 

Wisconsin. 

to existing VOC reasonably available 

control technology (RACT) rules that 

were required under section 172(b)(3) 

prior to the 1990 CAA amendments. The 

area is not subject to the section 

182(a)(2) RACT ‘‘fix up’’ requirement for 

the 2015 ozone NAAQS because it was 

designated as nonattainment for this 

standard after the enactment of the 1990 

CAA amendments and, in any case, 

Wisconsin complied with this 

requirement for the larger Door County 

area 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 a vehicle 

inspection and maintenance (I/M) 

program prior to the 1990 CAA 

amendments to submit a SIP revision for 

an I/M program no less stringent than 

that required prior to the 1990 CAA 

amendments or that was already in the 

SIP at the time of the CAA amendments, 

whichever is more stringent. For the 

purposes of the 2015 ozone NAAQS and 

the consideration of Wisconsin’s 

redesignation request for this standard, 

the area is not subject to the section 

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

area was not required to have an I/M 

program prior to Nov. 15, 1990. 

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

heading ‘‘Corrections to the State 

Implementation Plans—Permit 

Programs’’ contains a requirement for 

states to submit NSR SIP revisions to 

meet the requirements of CAA sections 

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

the date of enactment of the 1990 CAA 

Amendments. For the purposes of the 

2015 ozone NAAQS and the 

consideration of Wisconsin’s 

redesignation request for this standard, 

the area is not subject to the section 

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

mentioned previously EPA has 

determined that areas being 

redesignated need not comply with the 

requirement that an NSR program be 

approved prior to redesignation, 

provided that the area demonstrates 

maintenance of the NAAQS without 

part D NSR. 

Section 182(a)(4) specifies the 

emission offset ratio for Marginal areas 

but does not establish a SIP submission 

deadline. EPA’s December 6, 2018 

implementation rule for the 2015 ozone 

NAAQS clarifies that nonattainment 

NSR permit program requirements 

applicable to the 2015 NAAQS are due 

three years from the effective date of the 

nonattainment designation. See 83 FR 

62998, 63001. This approach is based on 

the provision in CAA section 172(b) 

requiring the submission of plans or 

plan revisions ‘‘no later than 3 years 

from the date of the nonattainment 

designation.’’ 

EPA proposed approval on January 

19, 2022 (87 FR 2719) of Wisconsin’s 

nonattainment NSR SIP revision to 

address the 2015 ozone NAAQS in this 

area. In addition, EPA approved 

Wisconsin’s PSD program on October 6, 

2014 (79 FR 60064) and February 7, 

2017 (82 FR 9515). The State’s PSD 

program will become effective in the 

area upon redesignation to attainment. 

Section 182(a)(3) requires states to 

submit periodic emission inventories 

and a revision to the SIP to require the 

owners or operators of stationary 

sources to annually submit emission 

statements documenting actual VOC 

and NOX emissions. As discussed below 

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

Wisconsin will continue to update its 

emissions inventory at least once every 

three years. The emission statement 

requirement for the area was due August 

3, 2020. EPA proposed on February 1, 

2022 (87 FR 5438) to find that 

Wisconsin has satisfied the emissions 

statement requirement for Wisconsin 

nonattainment areas for the 2015 ozone 

NAAQS. Upon final rule, EPA would 

then affirm that EPA finds that the area 

has satisfied all applicable requirements 

for purposes of redesignation under 

section 110 and part D of title I of the 

CAA. 

2. The Area 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, 

EPA has fully approved the Wisconsin 

SIP for the area under section 110(k) for 

all requirements applicable for purposes 

of redesignation under the 2015 ozone 

NAAQS. EPA may rely on prior SIP 

approvals in approving a redesignation 

request (see the Calcagni memorandum 

at page 3; Southwestern Pennsylvania 

Growth Alliance v. Browner, 144 F.3d 

984, 989–990 (6th Cir. 1998); Wall v. 

EPA, 265 F.3d 426), plus any additional 

measures it may approve in conjunction 

with a redesignation action (see 68 FR 

25426 (May 12, 2003) and citations 

therein). 

C. Are the air quality improvements in 

the 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 

proposes to determine that Wisconsin 

has demonstrated that the observed 

ozone air quality improvement in the 

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 2014 and 2019 in the 

area. Wisconsin also looked at ozone 

precursor emissions from the three 

major metro areas upwind of the area. 

For every metro area there was a net 

reduction in emissions (Tables 2–6). 

The reduction in emissions and the 

corresponding improvement in air 

quality over this time period can be 

attributed to Federal regulatory control 

measures (listed below) that Wisconsin 

and upwind states have implemented in 

recent years.10 In addition, Wisconsin 

provided an analysis to demonstrate the 

improvement in air quality was not due 

to unusually favorable meteorology. 

More details and EPA’s assessment of 

this analysis are provided in Section 3 

Meteorology. Based on the information 

summarized below, EPA proposes to 

find that Wisconsin has adequately 

demonstrated that the improvement in 

air quality is due to permanent and 

enforceable emissions reductions. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 12025 

11 In a December 27, 2011, rulemaking, EPA 

included Wisconsin in the ozone season NOX

program, addressing the 1997 ozone NAAQS (76 FR 

80760). 

1. Permanent and Enforceable Emission 

Controls Implemented 

a. Regional NOX Controls 

CAIR/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 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.11 Through Federal 

Implementation Plans (FIPs), 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 

projected to result in a 20% 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. On April 30, 

2021, EPA published the Revised 

CSAPR Update, which fully resolved 

the obligations of eastern states, 

including Illinois and Indiana (which 

are upwind of the area), under the good 

neighbor provision for the 2008 ozone 

NAAQS (82 FR 23054). The Revised 

CSAPR Update is estimated to reduce 

ozone season NOX emissions from EGUs 

by 17,000 tons beginning in 2021, 

compared to emissions without the rule. 

The reduction in NOX emissions from 

the implementation of CAIR and then 

CSAPR occurred during the attainment 

years, and additional emission 

reductions will occur throughout the 

maintenance period. 

b. Federal Emission Control Measures 

Reductions in VOC and NOX

emissions have occurred statewide and 

in upwind areas as a result of Federal 

emission control measures, with 

additional emission reductions expected 

to occur in the future. Federal emission 

control measures include the following: 

Tier 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 was phased in 

between 2017 and 2025. Tier 3 sets new 

tailpipe standards for the sum of VOC 

and NOX and for particulate matter 

(PM). The VOC and NOX tailpipe 

standards for light-duty vehicles 

represent approximately an 80% 

reduction from previous fleet average 

and a 70% reduction in per-vehicle PM 

standards. Heavy-duty tailpipe 

standards represent about a 60% 

reduction in both fleet average VOC and 

NOX and per-vehicle PM standards. The 

evaporative emissions requirements in 

the rule are projected to result in 

approximately a 50% reduction from 

previous standards and apply to all 

light-duty and on-road gasolinepowered heavy-duty vehicles. Finally, 

the rule lowered the sulfur content of 

gasoline to an annual average of 10 ppm 

starting in January 2017. As projected by 

these estimates and demonstrated in the 

on-road emission modeling for the area, 

some of these emission reductions 

occurred by the attainment years and 

additional emission reductions will 

occur throughout the maintenance 

period, as older vehicles are replaced 

with newer, compliant model years. 

Heavy-Duty Diesel Engine Rules. In 

July 2000, EPA issued a rule for 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 ppm by 

2007, leading to additional reductions 

in combustion NOX and VOC emissions. 

EPA has estimated future year emission 

reductions due to implementation of 

this rule. Nationally, EPA estimated that 

2015 NOX and VOC emissions would 

decrease by 1,260,000 tons and 54,000 

tons, respectively. Nationally, EPA 

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 area, some of these 

emission reductions occurred during the 

attainment years and additional 

emission reductions will occur 

throughout the maintenance period, as 

older vehicles are replaced with newer, 

compliant model years. 

Nonroad Diesel Rule. On June 29, 

2004 (69 FR 38958), EPA issued a rule 

adopting emissions standards for 

nonroad diesel engines and sulfur 

reductions in nonroad diesel fuel. This 

rule applies to diesel engines used 

primarily in construction, agricultural, 

and industrial applications. Emission 

standards are phased in for 2008 

through 2015 model years based on 

engine size. The sulfur limits for 

nonroad diesel fuels were phased in 

from 2007 through 2012. EPA estimates 

that when fully implemented, 

compliance with this rule will cut NOX

emissions from these nonroad diesel 

engines by approximately 90%. As 

projected by these estimates and 

demonstrated in the nonroad emission 

modeling for the area, some of these 

emission reductions occurred during the 

attainment years and additional 

emission reductions will occur 

throughout the maintenance period. 

Nonroad Spark-Ignition Engines and 

Recreational Engine Standards. On 

November 8, 2002 (67 FR 68242), EPA 

adopted emission standards for large 

spark-ignition engines such as those 

used in forklifts and airport groundservice equipment; recreational vehicles 

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

recreational marine diesel engines. 

These emission standards are phased in 

from model year 2004 through 2012. 

When fully implemented, EPA estimates 

an overall 72% reduction in VOC 


khammond on DSKJM1Z7X2PROD with PROPOSALS
12026 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 

12For its upwind emissions reduction analysis for 

the Green Bay metropolitan area, Wisconsin 

included Brown County, WI. 

13For its upwind emissions reduction analysis for 

the Milwaukee metropolitan area, Wisconsin 

included: Ozaukee, Racine, Waukesha and 

Washington Counties in Wisconsin. 

14See the Technical Support Document for 

Wisconsin for the 2015 Ozone NAAQS for Counties 

Remanded to EPA at https://www.epa.gov/sites/ 

default/files/2021-05/documents/wi_tsd_remand_

final.pdf. 

15The Chicago metropolitan area generally 

consists of portions of Wisconsin, Illinois, and 

Indiana. For its upwind emissions reduction 

analysis for the Chicago metropolitan area, 

Wisconsin included: Cook, Dekalb, DuPage, 

Grundy, Kane, Kendall, Lake McHenry and Will 

Counties in Illinois; Jasper, Lake, Porter and 

Newton Counties in Indiana, and Kenosha County, 

Wisconsin. 

emissions from these engines and an 

80% reduction in NOX emissions. As 

projected by these estimates and 

demonstrated in the nonroad emission 

modeling for the area, some of these 

emission reductions occurred by the 

attainment years and additional 

emission reductions will occur 

throughout the maintenance period. 

Category 3 Marine Diesel Engine 

Standards. On April 30, 2010 (75 FR 

22896) EPA issued emission standards 

for marine compression-ignition engines 

at or above 30 liters per cylinder. Tier 

2 emission standards have applied 

beginning in 2011 and are expected to 

result in a 15 to 25% reduction in NOX

emissions from these engines. Final Tier 

3 emission standards have applied 

beginning in 2016 and are expected to 

result in approximately an 80% 

reduction in NOX from these engines. 

As projected by these estimates and 

demonstrated in the nonroad emission 

modeling for the area, some of these 

emission reductions occurred during the 

attainment years and additional 

emission reductions will occur 

throughout the maintenance period. 

2. Emission Reductions 

Wisconsin calculated the change in 

emissions between 2014 and 2019 in the 

area and three major metro areas 

upwind of the area. For every metro area 

there was a net reduction in emissions 

(Tables 2–6). The reduction in 

emissions and the corresponding 

improvement in air quality over this 

time period can be attributed to the 

Federal regulatory control measures 

(listed above). Wisconsin is using a 2014 

emissions inventory as the 

nonattainment year. This is appropriate 

because it was one of the years used to 

designate the 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. 

As mentioned previously, EPA 

designated the area as an RTA. 

Therefore, the permanent and 

enforceable precursor emissions 

reductions required for redesignation 

must be inclusive of areas outside the 

RTA within Wisconsin’s control. The 

permanent and enforceable emissions 

reductions discussed in this proposed 

action represent statewide reductions 

from Wisconsin and specifically from 

Wisconsin’s Green Bay metropolitan 

area 12 and Wisconsin’s Milwaukee 

metropolitan area,13 both of which are 

upwind of the area and in line with 

general wind patterns on exceedance 

days,14 and which, therefore, have the 

potential to impact ozone levels in the 

area. Additionally, permanent and 

enforceable reductions from Chicago, a 

multi-state metropolitan area 15 upwind 

of the area, are listed. In developing the 

emissions inventory information for 

these upwind metropolitan areas for the 

year 2014, Wisconsin generally used the 

2014 National Emissions Inventory 

(NEI) version 2 and the 2014 National 

Air Toxics Assessment (NATA) for 

point, area, on-road, and nonroad 

sources. For 2019 emissions, Wisconsin 

interpolated between the 2016 and 2023 

emissions of EPA’s 2016 version 1 

emissions modeling platform. On-road 

and nonroad emissions in Door County 

were modeled using MOVES3. 

The emissions data that Wisconsin 

used were available in units of tons per 

year. Wisconsin expects summer day 

emissions to be slightly higher relative 

to the rest of the year due to increases 

in vehicle miles traveled (VMT) and 

nonroad activity. Therefore, Wisconsin 

calculated tons per summer day (tpsd) 

by dividing annual emissions for mobile 

source sectors by 330 rather than 365 

days to avoid underestimating mobile 

source sector emissions. For the purpose 

of estimating regional emissions trends 

from areas upwind of the nonattainment 

area, Wisconsin assumed point and area 

source facilities operate steadily over 

365 days each year. Therefore, 

Wisconsin estimated 2014 and 2019 

summer day emissions by dividing the 

annual emissions for the point and area 

sectors by 365 days. EPA proposes to 

find Wisconsin’s methods to be 

reasonable given Wisconsin’s 

assumptions regarding emissions 

activity from the various source sectors. 

Using the inventories described 

above, Wisconsin documents changes in 

VOC and NOX emissions from 2014 to 

2019 for the area as well as for the 

upwind metropolitan areas described 

above, including the Green Bay area, the 

Milwaukee area, and the Chicago area. 

Emissions data are shown in Tables 2 

through 6. As shown in Table 6, overall 

NOX and VOC emissions declined 

between 2014 and 2019. 

TABLE 2—NOX EMISSIONS FOR NONATTAINMENT YEAR 2014 (TPSD) 

Area Point Area Nonroad On-road Total 

Door County (partial) ........................................................... 0.00 0.20 3.32 0.87 4.39 

Green Bay area ................................................................... 15.57 2.63 4.05 11.20 33.45 

Milwaukee area .................................................................... 21.06 17.87 28.19 57.74 124.86 

Chicago area ........................................................................ 156.24 96.68 158.24 311.75 722.91 

TABLE 3—VOC EMISSIONS FOR NONATTAINMENT YEAR 2014 (TPSD) 

Area Point Area Nonroad On-road Total 

Door County (partial) ........................................................... 0.21 0.74 3.38 0.29 4.62 

Green Bay area ................................................................... 4.27 8.71 2.91 6.31 22.20 

Milwaukee area .................................................................... 9.40 50.40 18.77 31.07 109.64 

Chicago area ........................................................................ 50.20 240.36 91.62 170.29 552.47 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 12027 

TABLE 4—NOX EMISSIONS FOR ATTAINMENT YEAR 2019 (TPSD) 

Area Point Area Nonroad On-road Total 

Door County (partial) ........................................................... 0.00 0.20 2.99 0.61 3.80 

Green Bay area ................................................................... 6.30 2.60 2.58 6.49 17.97 

Milwaukee area .................................................................... 17.39 17.66 16.49 29.15 80.69 

Chicago area ........................................................................ 117.05 95.23 131.72 171.02 515.02 

TABLE 5—VOC EMISSIONS FOR ATTAINMENT YEAR 2019 (TPSD) 

Area Point Area Nonroad On-road Total 

Door County (partial) ........................................................... 0.13 0.74 2.28 0.22 3.37 

Green Bay area ................................................................... 4.54 9.01 1.64 3.78 18.97 

Milwaukee area .................................................................... 9.41 50.81 11.51 16.42 88.15 

Chicago area ........................................................................ 47.73 242.83 68.78 99.75 459.09 

TABLE 6—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2014 AND 2019 (TPSD) 

NOX VOC 

2014 2019 Net change 

(2014–2019) 2014 2019 Net change (2014–2019) 

Door County (partial) 

Point ......................................................... 0.00 0.00 0.00 0.21 0.13 0.08 

Area .......................................................... 0.20 0.20 0.00 0.74 0.74 0.00 

Nonroad ................................................... 3.32 2.99 0.33 3.38 2.28 1.10 

On-road .................................................... 0.87 0.61 0.26 0.29 0.22 0.07 

Total .................................................. 4.39 3.80 0.59 4.62 3.37 1.25 

Green Bay Area (Brown County only) 

Point ......................................................... 15.57 6.30 9.27 4.28 4.54 ¥0.26 

Area .......................................................... 2.63 2.60 0.03 8.71 9.01 ¥0.30 

Nonroad ................................................... 4.05 2.58 1.47 2.91 1.64 1.27 

On-road .................................................... 11.20 6.49 4.71 6.31 3.78 2.53 

Total .................................................. 33.45 17.97 15.48 22.21 18.97 3.24 

Milwaukee Area 

Point ......................................................... 21.06 17.39 3.67 9.40 9.41 ¥0.01 

Area .......................................................... 17.87 17.66 0.21 50.40 50.81 ¥0.41 

Nonroad ................................................... 28.19 16.49 11.70 18.77 11.51 7.26 

On-road .................................................... 57.74 29.15 28.59 31.07 16.42 14.65 

Total .................................................. 124.86 98.07 26.79 109.64 97.57 12.07 

Chicago Area 

Point ......................................................... 156.24 117.05 39.19 50.20 47.73 2.47 

Area .......................................................... 96.68 95.23 1.45 240.36 242.83 ¥2.47 

Nonroad ................................................... 158.24 131.72 26.52 91.62 68.78 22.84 

On-road .................................................... 311.75 171.02 140.73 170.29 99.75 70.54 

Total .................................................. 722.92 632.06 90.86 552.47 506.84 45.63 

3. Meteorology 

Wisconsin included an analysis to 

further support its demonstration that 

the improvement in air quality between 

the year violations occurred and the 

year attainment was achieved is due to 

permanent and enforceable emission 

reductions and not unusually favorable 

meteorology. Ozone formation is a 

complex process with atmospheric 

chemical reactions involving NOX and 

VOC precursor species. Summertime 

ozone formation tends to be positively 

correlated with temperature and can be 

influenced by other meteorological 

factors such as wind speed, wind 

direction, and precipitation. Wisconsin 

examined the factors influencing high 

ozone at the Door County monitor from 

2005–2020, isolated days with 

meteorological factors favorable to 

ozone detected at Door County from 

2005–2020 and plotted the temporal 

trend in ozone on these days during this 

time period from 2005–2020. 

Wisconsin’s analysis grouped days with 

similar meteorology which normalizes 

the influence of meteorological 

variability on the underlying trend in 

ozone concentrations. Therefore, the 

remaining trend in ozone concentrations 

can be inferred to be due to trends in 


khammond on DSKJM1Z7X2PROD with PROPOSALS

I I 

I I 

I I I I 
12028 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 

non-meteorological predictors, such as 

reductions in precursor emissions. As 

such, Wisconsin’s analysis suggests that 

the observed long-term decreases in 

ozone concentrations including the 

more recent nonattainment to 

attainment year ozone concentrations 

are due to the permanent and 

enforceable reductions in ozone 

precursor emissions discussed earlier, 

rather than from meteorological factors. 

EPA finds the analysis to be a useful 

tool here in showing that air quality was 

not due to unusually favorable 

meteorology. Therefore, EPA finds that 

Wisconsin has shown that the air 

quality improvements in the area are 

due to permanent and enforceable 

emissions reductions and not unusually 

favorable meteorology. 

D. Does Wisconsin have a fully 

approvable ozone maintenance plan for 

the area? 

As one of the criteria for redesignation 

to attainment section 107(d)(3)(E)(iv) of 

the CAA requires EPA to determine that 

the area has a fully approved 

maintenance plan pursuant to section 

175A of the CAA. Section 175A of the 

CAA sets forth the elements of a 

maintenance plan for areas seeking 

redesignation from nonattainment to 

attainment. Under section 175A, the 

maintenance plan must demonstrate 

continued attainment of the NAAQS for 

at least 10 years after the Administrator 

approves a redesignation to attainment. 

Eight years after the redesignation, the 

state must submit a revised maintenance 

plan which demonstrates that 

attainment of the NAAQS will continue 

for an additional 10 years beyond the 

initial 10-year maintenance period. To 

address the possibility of future NAAQS 

violations, the maintenance plan must 

contain contingency measures, as EPA 

deems necessary, to assure prompt 

correction of the future NAAQS 

violation. 

The Calcagni memorandum provides 

further guidance on the content of a 

maintenance plan, explaining that a 

maintenance plan should address five 

elements: (1) An attainment emissions 

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 area to attainment for 

the 2015 ozone NAAQS, Wisconsin 

submitted a SIP revision to provide for 

maintenance of the 2015 ozone NAAQS 

through 2035, 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 

the area has attained the 2015 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. Attainment emissions inventories 

identify the levels of emissions in the 

nonattainment area that are sufficient to 

attain the NAAQS. As mentioned 

previously, EPA designated the area as 

an RTA. As such, Wisconsin included 

an attainment emissions inventory for 

the nonattainment area and additionally 

provided information about attainment 

year emissions for upwind metropolitan 

areas that have the potential to 

influence ozone levels in the RTA. The 

derivation of the attainment year 

emissions for these areas is discussed 

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

rule. The attainment level emissions, by 

source category, are summarized in 

Tables 4 and 5, above. 

2. Has the state documented 

maintenance of the ozone standard in 

the area? 

Wisconsin has demonstrated 

maintenance of the 2015 ozone NAAQS 

through 2035 by projecting that current 

and future emissions of VOC and NOX

for the area remain at or below 

attainment year emission levels and, 

additionally, that upwind areas within 

Wisconsin’s control having the potential 

to influence ozone levels in the area, 

including the Green Bay metropolitan 

area, the Milwaukee metropolitan area, 

and the Chicago metropolitan area, a 

portion of which is within Wisconsin, 

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 generally used EPA’s 2016 

Emissions Modeling Platform, Version 

1, which includes base year 2016 

emissions and emissions projections for 

the years 2023 and 2028. Wisconsin 

estimated 2030 and 2035 emissions by 

linearly extrapolating EPA’s 2023 and 

2028 emissions projections. Wisconsin 

used the same methodology to convert 

annual tons to tpsd for the 2030 and 

2035 emissions projections as it used for 

the 2014 and 2019 inventory estimates. 

Thus, Wisconsin derived 2030 and 2035 

summer day emissions by dividing the 

annual emissions for the point and area 

sectors by 365 days and the mobile 

sectors by 330. Interim and future year 

emissions estimates are shown in Tables 

7 through 11 below. Specifically for 

Door County, Wisconsin ran MOVES3 

for on-road emissions in both 2030 and 

2035 for Door County. 

TABLE 7—NOX EMISSIONS FOR INTERIM MAINTENANCE YEAR 2030 (TPSD) 

Area Point Area Nonroad On-road Total 

Door County (partial) ........................................................... 0.00 0.19 2.18 0.30 2.67 

Green Bay area ................................................................... 5.61 2.56 1.48 1.86 11.51 

Milwaukee area .................................................................... 17.90 17.11 13.31 10.17 58.49 

Chicago area ........................................................................ 101.84 89.52 113.96 69.03 374.35 

TABLE 8—VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2030 (TPSD) 

Area Point Area Nonroad On-road Total 

Door County (partial) ........................................................... 0.18 0.74 1.37 0.13 2.42 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 12029 

TABLE 8—VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2030 (TPSD)—Continued 

Area Point Area Nonroad On-road Total 

Green Bay area ................................................................... 4.55 9.38 1.41 1.97 17.31 

Milwaukee area .................................................................... 9.75 51.43 10.82 8.68 80.68 

Chicago area ........................................................................ 46.45 249.38 66.68 49.96 412.47 

TABLE 9—NOX EMISSIONS FOR MAINTENANCE YEAR 2035 (TPSD) 

Area Point Area Nonroad On-road Total 

Door County (partial) ........................................................... 0.00 0.19 2.16 0.26 2.61 

Green Bay area ................................................................... 5.64 2.54 1.00 0.46 9.64 

Milwaukee area .................................................................... 17.78 16.89 12.58 4.94 52.19 

Chicago area ........................................................................ 102.13 86.83 110.87 40.91 340.74 

TABLE 10—VOC EMISSIONS FOR MAINTENANCE YEAR 2035 (TPSD) 

Area Point Area Nonroad On-road Total 

Door County (partial) ........................................................... 0.18 0.75 1.28 0.12 2.33 

Green Bay area ................................................................... 4.56 9.54 1.35 1.43 16.88 

Milwaukee area .................................................................... 9.73 51.70 10.79 6.20 78.42 

Chicago area ........................................................................ 46.23 252.30 67.68 33.82 400.03 

TABLE 11—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2019 AND 2035 (TPSD) 

NOX VOC 

2019 2030 2035 Net Change 

(2019–2035) 2019 2030 2035 Net Change (2019–2035) 

Door County (partial) 

Point .................................. 0.00 0.00 0.00 0.00 0.13 0.18 0.18 ¥0.05 

Area ................................... 0.20 0.19 0.19 0.01 0.74 0.74 0.75 ¥0.01 

Nonroad ............................. 2.99 2.18 2.16 0.83 2.28 1.37 1.28 1.00 

On-road ............................. 0.61 0.30 0.26 0.35 0.22 0.13 0.12 0.10 

Total ........................... 3.80 2.67 2.61 1.19 3.37 2.42 2.33 1.04 

Green Bay Area (Brown County only) 

Point .................................. 6.30 5.61 5.64 0.66 4.54 4.55 4.56 ¥0.02 

Area ................................... 2.60 2.56 2.54 0.06 9.01 9.38 9.54 ¥0.53 

Nonroad ............................. 2.58 1.48 1.00 1.58 1.64 1.41 1.35 0.29 

On-road ............................. 6.49 1.86 0.46 6.03 3.78 1.97 1.43 2.35 

Total ........................... 17.97 11.51 9.64 8.33 18.97 17.31 16.88 2.09 

Milwaukee Area 

Point .................................. 17.39 17.90 17.78 ¥0.39 9.41 9.75 9.73 ¥0.32 

Area ................................... 17.66 17.11 16.89 0.77 50.81 51.43 51.70 ¥0.89 

Nonroad ............................. 16.49 13.31 12.58 3.91 11.51 10.82 10.79 0.72 

On-road ............................. 29.15 10.17 4.94 24.21 16.42 8.68 6.20 10.22 

Total ........................... 80.69 58.49 52.19 28.50 88.15 80.68 78.42 9.73 

Chicago Area 

Point .................................. 117.05 101.84 102.13 14.92 47.73 46.45 46.23 1.50 

Area ................................... 95.23 89.52 86.83 8.40 242.83 249.38 252.30 ¥9.47 

Nonroad ............................. 131.72 113.96 110.87 20.85 68.78 66.68 67.68 1.10 

On-road ............................. 171.02 69.03 40.91 130.11 99.75 49.96 33.82 65.93 

Total ........................... 515.02 374.35 340.74 174.28 459.09 412.47 400.03 59.06 

In summary, Wisconsin’s 

maintenance demonstration for the area 

shows maintenance of the 2015 ozone 

NAAQS by providing emissions 

information to support the 

demonstration that future emissions of 

NOX and VOC will remain at or below 

2019 emission levels when taking into 

account both future source growth and 

implementation of future controls. Table 

11 shows NOX and VOC emissions are 

projected to decrease between 2019 and 

2035. 

In addition, EPA has recently 

conducted updated air quality modeling 

of the contiguous United States, 

projecting ozone concentrations at all 

air quality monitors in 2023, 2026, and 


khammond on DSKJM1Z7X2PROD with PROPOSALS

I I I I I 

I I I I I 

I I I I I I 

I I I I I I I I 

I I I I I I I I 

I I I I I I I I 

I I I I I I I I 
12030 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 

16Available at https://www.epa.gov/airemissions-modeling/2016v2-platform. 

2032.16 That modeling incorporates the 

most recent updates to emissions 

inventories, including on-the-books 

emissions reductions, and meteorology. 

This modeling indicates that EPA does 

not project Door County to be in 

nonattainment of the 2015 ozone 

NAAQS, nor does the Agency expect the 

area to struggle with maintenance, in 

those modeled future years. We propose 

to find that EPA’s ozone transport air 

quality modeling further supports 

Wisconsin’s demonstration that the 

Door County area will continue to 

maintain the 2015 ozone NAAQS. 

3. Continued Air Quality Monitoring 

Wisconsin has committed to continue 

to operate the ozone monitor 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 and to 

continue to quality assure monitoring 

data in accordance with 40 CFR part 58, 

and to enter all data into the AQS in 

accordance with Federal guidelines. 

4. Verification of Continued Attainment 

Wisconsin has confirmed that it has 

the legal authority to enforce and 

implement the requirements of the 

maintenance plan for the area. This 

includes the authority to adopt, 

implement, and enforce any subsequent 

statewide and/or area-specific 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 relevant 

emissions inventories. Wisconsin will 

continue to operate the current ozone 

monitor in Door County. 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. 

To track future levels of emissions, 

Wisconsin will continue to develop and 

submit to EPA updated emission 

inventories for the area and upwind 

areas in Wisconsin at least once every 

three years, consistent with the 

requirements of 40 CFR part 51, subpart 

A, and in 40 CFR 51.122. The 

Consolidated Emissions Reporting Rule 

(CERR) was promulgated by EPA on 

June 10, 2002 (67 FR 39602). The CERR 

was replaced by the Annual Emissions 

Reporting Requirements (AERR) on 

December 17, 2008 (73 FR 76539). The 

most recent triennial inventory for 

Wisconsin was compiled for 2017, and 

2020 is in progress. Point source 

facilities covered by Wisconsin’s 

emission statement rule, Chapter NR 

438 of the Wisconsin Administrative 

Code, will continue to submit VOC and 

NOX emissions on an annual basis. 

5. What is the contingency plan for the 

area? 

Section 175A of the CAA requires the 

state to adopt a maintenance plan, as a 

SIP revision, that includes such 

contingency measures as EPA deems 

necessary to assure that the state will 

promptly correct a violation of the 

NAAQS that occurs after redesignation 

of the area to attainment of the NAAQS. 

The maintenance plan must identify: 

The contingency measures to be 

considered and, if needed for 

maintenance, adopted and 

implemented; a schedule and procedure 

for adoption and implementation; and a 

time limit for action by the state. The 

state should also identify specific 

indicators to be used to determine when 

the contingency measures need to be 

considered, adopted, and implemented. 

The maintenance plan must include a 

commitment that the state will 

implement all measures with respect to 

the control of the pollutant that were 

contained in the SIP before 

redesignation of the area to attainment 

in accordance with section 175A(d) of 

the CAA. 

As required by section 175A of the 

CAA, Wisconsin has adopted a 

maintenance plan for the area to address 

possible future ozone air quality 

problems. The maintenance 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 high monitored value of 

0.070 ppm or higher is monitored 

within the maintenance area. A warning 

level response will consist of Wisconsin 

conducting a study to determine 

whether the ozone value indicates a 

trend toward higher ozone values and 

whether emissions appear to be 

increasing. The study will evaluate 

whether the trend, if any, is likely to 

continue and, if so, the control measures 

necessary to reverse the trend. The 

study will be completed no later than 

May 1st of the year after the ozone 

season in which the exceedance is 

detected. 

In Wisconsin’s plan, a violation of the 

2015 ozone NAAQS within the 

maintenance area triggers an action 

level response. When an action level 

response is triggered, Wisconsin will 

determine what additional control 

measures are needed to ensure future 

attainment of the 2015 ozone NAAQS. 

Control measures selected will be 

adopted and implemented within 18 

months from the close of the ozone 

season that prompted the action level. 

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: 

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; and 

6. Expansion of the vehicle emissions 

testing program. 

To qualify as a contingency measure, 

emissions reductions from that measure 

must not be factored into the emissions 

projections used in the maintenance 

plan. 

EPA 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 area to cover an additional ten years 

beyond the initial 10-year maintenance 

period. Thus, EPA finds that the 

maintenance plan SIP revision 

submitted by Wisconsin for the area 

meets the requirements of section 175A 

of the CAA and EPA proposes to 

approve it as a revision to the Wisconsin 

SIP. 

V. Has the state adopted approvable 

motor vehicle emission budgets? 

A. Motor Vehicle Emission Budgets 

Under section 176(c) of the CAA, new 

transportation plans, programs, or 

projects that receive Federal funding or 

support, such as the construction of new 

highways, must ‘‘conform’’ to (i.e., be 

consistent with) the SIP. Conformity to 

the SIP means that transportation 

activities will not cause or contribute to 

new air quality violations, worsen 

existing air quality problems, or delay 

timely attainment of the NAAQS or any 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 12031 

17The transportation conformity rule defines 

isolated rural nonattainment and maintenance areas 

as areas that do not contain or are not part of any 

metropolitan planning area as designated under the 

transportation planning regulations. Isolated rural 

areas do not have Federally required metropolitan 

transportation plans or TIPs and do not have 

projects that are part of the emissions analysis of 

any MPO’s metropolitan transportation plan or TIP. 

Projects in such areas are instead included in 

statewide transportation improvement programs. 

These areas are not donut areas. (See 40 CFR 

93.101.) Door County is an isolated rural area for 

transportation conformity purposes. 

18Allocation of a safety margin to an area’s motor 

vehicle emissions budgets is provided for by the 

transportation conformity rule. (See 40 CFR 

93.124(a).) 

required interim emission reductions or 

other 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. 

(See 40 CFR 93.102(b).) Maintenance 

areas are areas that were previously 

nonattainment for a particular NAAQS, 

but that have been redesignated to 

attainment and are required to develop 

a CAA section 175A maintenance plan 

for the NAAQS. 

Under the CAA, states are required to 

submit, at various times, control strategy 

SIPs for nonattainment areas and 

maintenance plans for areas seeking 

redesignations to attainment of the 

ozone standard and maintenance areas. 

See the SIP requirements for the 2015 

ozone NAAQS in EPA’s December 6, 

2018 implementation rule (83 FR 

62998). These control strategy SIPs 

(including reasonable further progress 

plans and attainment plans) and 

maintenance plans must include 

budgets for criteria pollutants, including 

ozone, and their precursor pollutants 

(VOC and NOX for ozone) to address 

pollution from on-road transportation 

sources. The budgets 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 budget 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 

budgets for other years as well. The 

budgets serve as a ceiling on emissions 

from an area’s planned transportation 

system. The budgets 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 budgets in the SIP and how 

to revise the budgets, if needed, 

subsequent to initially establishing 

budgets in the SIP. 

B. What is the status of EPA’s adequacy 

determination for the proposed VOC 

and NOX budgets for the area? 

When reviewing submitted control 

strategy SIPs or maintenance plans 

containing budgets, EPA must 

affirmatively find that the budgets 

contained therein are adequate for use 

in determining transportation 

conformity. Once EPA affirmatively 

finds that the submitted budgets are 

adequate for transportation purposes, 

the budgets must be used by state and 

Federal agencies in determining 

whether transportation plans, 

transportation improvement programs 

and, in the case of isolated rural areas, 

proposed transportation projects 

conform to the SIP as required by 

section 176(c) of the CAA.17

EPA’s substantive criteria for 

determining adequacy of a budgets are 

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

process for determining adequacy 

consists of three basic steps: Public 

notification of a SIP submission; 

provision for a public comment period; 

and EPA’s adequacy determination. EPA 

adopted regulations to codify the 

adequacy process in the Transportation 

Conformity Rule Amendments for the 

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

Ambient Air Quality Standards and 

Miscellaneous Revisions for Existing 

Areas; Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change,’’ 

on July 1, 2004 (69 FR 40004). 

As discussed earlier, Wisconsin’s 

maintenance plan includes NOX and 

VOC budgets for the area for 2035 and 

2030, the last year of the maintenance 

period and an interim year, respectively. 

EPA has reviewed Wisconsin’s VOC and 

NOX budgets for the area and, in this 

action, is proposing to approve them. 

We are also starting the adequacy 

review process for these budgets. 

Wisconsin’s January 5, 2022 

maintenance plan SIP submission, 

including the VOC and NOX budgets for 

the area, is available for public comment 

via this proposed rulemaking. The 

submitted maintenance plan, which 

includes the budgets, was endorsed by 

the Governor’s designee and was subject 

to a state public hearing. The budgets 

were developed as part of an 

interagency consultation process which 

includes Federal, state, and local 

agencies. The budgets were clearly 

identified and precisely quantified 

using the following methodology. To 

accurately identify future on-road 

emissions, WDNR grew VMT from 2019 

using growth rates provided by the 

Wisconsin Department of 

Transportation for two general classes of 

vehicles (automobiles and trucks). After 

growing the VMT for these two general 

classes, WDNR allocated the VMT to 

vehicle sub-classes based on the 

MOVES3 default VMT splits by vehicle 

class for Door County for 2030 and 

2035. To account for additional driving 

during the summer, WDNR developed 

adjustment factors using data averaged 

over a 10-year period to convert the 

annual VMT (divided by 365) to ozone 

season weekday VMT. These budgets, 

when considered together with all other 

emissions sources, are consistent with 

maintenance of the 2015 ozone NAAQS. 

TABLE 12—BUDGETS FOR THE AREA (TPSD) 

Attainment 

year 2019 

on-road 

emissions 

2030 

estimated 

on-road 

emissions 

2030 mobile 

safety margin 

allocation 

(%) 

2030 budgets 

2035 

estimated 

on-road 

emissions 

2035 mobile 

safety margin 

allocation 

(%) 

2035 budgets 

VOC ............................. 0.2235 0.1173 15 0.1349 0.1003 15 0.1153 

NOX .............................. 0.6141 0.2604 15 0.2995 0.2248 15 0.2586 

As shown in Table 12, the 2030 and 

2035 budgets exceed the estimated 2030 

and 2035 on-road sector emissions. To 

accommodate future variations in VMT 

in the area, Wisconsin allocated a 

portion of the safety margin (described 

further below) to the mobile sector.18

Wisconsin has demonstrated that with 

mobile source emissions at or below 

0.1349 TPSD and 0.1153 TPSD of VOC 

and 0.2995 TPSD and 0.2586 TPSD of 

NOX in 2030 and 2035, respectively, 


khammond on DSKJM1Z7X2PROD with PROPOSALS
12032 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 

including partial allocation of the safety 

margin, emissions are projected to 

remain under attainment year emission 

levels. EPA is proposing to approve the 

budgets for use to determine 

transportation conformity in the area, 

because EPA has determined that the 

area can maintain attainment of the 

2015 ozone NAAQS for the relevant 

maintenance period with mobile source 

emissions at the levels of the budgets in 

conjunction with the levels of the 

projected emissions inventories for the 

upwind areas discussed above. 

C. What is a safety margin? 

A ‘‘safety margin’’ is the amount by 

which the total projected emissions 

from all sources of a given pollutant are 

less than the total emissions that would 

satisfy the applicable requirement for 

maintenance. 40 CFR 93.101. As noted 

in Table 11, the emissions in the area 

are projected to have safety margins of 

0.35 TPSD for NOX and 0.10 TPSD for 

VOC in 2035 (the difference between the 

attainment year, 2019, emissions and 

the projected 2035 emissions for all 

sources in the area). Similarly, there is 

a safety margin of 0.31 TPSD for NOX

and 0.09 TPSD for VOC in 2030. Even 

if emissions exceeded projected levels 

by the full amount of the safety margin, 

the area would still demonstrate 

maintenance since emission levels 

would equal those in the attainment 

year. 

As shown in Table 12 above, 

Wisconsin is allocating a portion of that 

safety margin to the on-road mobile 

source sector. Specifically, in 2030, 

Wisconsin is allocating 15% or 0.0176 

TPSD and 0.0391 TPSD of the VOC and 

NOX safety margins, respectively. In 

2035, Wisconsin is allocating 15% or 

0.0150 TPSD and 0.0338 TPSD of the 

VOC and NOX safety margins, 

respectively. Wisconsin is not 

requesting allocation to the budgets of 

the entire available safety margins 

reflected in the demonstration of 

maintenance. In fact, the amount 

allocated to the budgets represents only 

a small portion of the 2030 and 2035 

safety margins. Therefore, even though 

the state is requesting budgets that 

exceed the projected on-road mobile 

source emissions for 2030 and 2035 

contained in the demonstration of 

maintenance, the permissible level of 

on-road mobile source emissions that 

can be considered for transportation 

conformity purposes is well within the 

safety margins of the ozone maintenance 

demonstration. Once allocated to onroad mobile sources, these safety 

margins will not be available for use by 

other sources. Further, the area is an 

RTA. Therefore, in addition to the 

budgets, the estimated upwind 

emissions reductions throughout the 

maintenance period, which are 

described above, are also important for 

maintaining the 2015 ozone NAAQS in 

the area throughout the 10-year 

maintenance period. 

VI. Proposed Actions 

EPA is proposing to change the legal 

designation of the revised Door County 

(partial) area from nonattainment to 

attainment for the 2015 ozone NAAQS. 

Additionally, EPA is proposing 

approval of the emissions inventory for 

this area, which is a prerequisite to 

finalizing the redesignation. 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 area in attainment of the 2015 ozone 

NAAQS through 2035. Finally, EPA is 

proposing to approve the newly 

established 2030 and 2035 budgets for 

the area and initiating the adequacy 

process for these budgets. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, the proposed 

actions to approve Wisconsin’s SIP 

Submissions merely approve state law 

as meeting Federal requirements and do 

not impose additional requirements 

beyond those imposed by state law. For 

these reasons, 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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Proposed Rules 12033 

Dated: February 24, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2022–04319 Filed 3–2–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2020–0743; EPA–R05– 

OAR–2021–0886; EPA–R05–OAR–2022– 

0123; FRL–9567–01–R5] 

Air Plan Approval; Indiana; 

Redesignation of the Indiana Portion of 

the Chicago-Naperville Area to 

Attainment of the 2008 Ozone 

Standard, NOX RACT Waiver, and 

Serious Plan Elements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to find that 

the Indiana 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 redesignate the 

Indiana portion of the Chicago area to 

attainment for the 2008 ozone NAAQS, 

because the request meets the statutory 

requirements for redesignation under 

the Clean Air Act (CAA). EPA is 

proposing to approve, as a revision to 

the Indiana State Implementation Plan 

(SIP), the State’s plan for maintaining 

the 2008 ozone NAAQS through 2035 in 

the Chicago area. EPA is also proposing 

to approve a waiver, for the Indiana 

portion of the Chicago area, from the 

oxides of nitrogen (NOX) requirements 

of the CAA. EPA finds adequate and is 

proposing to approve Indiana’s 2030 

and 2035 volatile organic compound 

(VOC) and NOX Motor Vehicle Emission 

Budgets for the Indiana portion of the 

Chicago area. Finally, the VOC 

reasonably available control technology 

(RACT), clean-fuel vehicle programs 

(CFVP), enhanced monitoring of ozone 

and ozone precursors (EMP), and 

Enhanced motor vehicle Inspection/ 

Maintenance (I/M) SIP revisions. These 

SIP revisions satisfy the above 

requirements for a nonattainment area 

that is classified as a ‘‘Serious area’’ for 

the Indiana portion of the Chicago area 

under the 2008 ozone NAAQS. 

DATES: Comments must be received on 

or before April 4, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2020–0743 (regarding the serious 

area elements), EPA–R05–OAR–2021– 

0886 (regarding the redesignation), or 

EPA–R05–OAR–2022–0123 (regarding 

the NOX RACT waiver) at https://

www.regulations.gov or via email to 

arra.sarah@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: 

Katie Mullen, Environmental Engineer, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–3490, 

Mullen.Kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

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 Indiana’s 

redesignation request? 

V. Has the state adopted approvable motor 

vehicle emission budgets? 

VI. Section 182(f) NOX Exemption 

VII. VOC RACT in the Indiana Portion of the 

Chicago Area 

VIII. Clean-Fuel Vehicle Programs (CFVP) 

IX. Enhanced Monitoring of Ozone and 

Ozone Precursors (EMP) 

X. Enhanced I/M in the Indiana Portion of 

the Chicago Area 

XI. Proposed Actions 

XII. 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 Indiana portion of 

the Chicago area is attaining the 2008 

ozone NAAQS, based on quality-assured 

and certified monitoring data for 2019– 

2021, and that the Indiana portion of the 

Chicago area has met the requirements 

for redesignation under section 

107(d)(3)(E) of the CAA. The Indiana 

portion of the Chicago area consists of 

Lake and Porter Counties in Northwest 

Indiana. Indiana submitted this request 

on December 6, 2021, with additional 

information submitted on January 18, 

2022. EPA is thus proposing to change 

the legal designation of the Indiana 

portion of the Chicago area from 

nonattainment to attainment for the 

2008 ozone NAAQS. EPA is also 

proposing to approve, as a revision to 

the Indiana SIP, the State’s maintenance 

plan (such approval being one of the 

CAA criteria for redesignation to 

attainment status) for the area. The 

maintenance plan is designed to keep 

the Chicago area in attainment of the 

2008 ozone NAAQS through 2035. EPA 

finds adequate and is proposing to 

approve the newly-established 2030 and 

2035 motor vehicle emissions budgets 

(or budgets) for the Indiana portion of 

the Chicago area. EPA is proposing to 

approve a NOX waiver, for the Indiana 

portion of the Chicago area, from the 

NOX requirements of section 182(f) of 

the CAA, included in Indiana’s January 

18, 2022, submittal. EPA is also 

proposing to approve the VOC RACT 

SIP revisions included in Indiana’s 

December 29, 2020, and September 17, 

2021, submittals. Finally, EPA is 

proposing to approve the CFVP and the 

EMP SIP certifications included in 

Indiana’s December 29, 2020, submittal 

and the Enhanced I/M certification in 

Indiana’s December 29, 2020, and 

January 18, 2022 submittals. These 

elements satisfy the serious VOC RACT, 

CFVP, EMP, and Enhanced I/M 

requirements for the Indiana portion of 

the Chicago area for the 2008 ozone 

NAAQS. 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS