29508 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Proposed Rules

Public Meeting

If only one person requests an

opportunity to comment at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss the proposed amendments may

request a meeting at the Big Stone Gap

Field Office by contacting the person

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings will be

open to the public and, if possible,

notices of meetings will be posted in

advance at the locations listed under

ADDRESSES. A written summary of each

public meeting will be made part of the

Administrative Record.

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

the individual listed under FOR FURTHER

INFORMATION CONTACT.

IV. Procedural Determinations

Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12778

(Civil Justice Reform) and has

determined that, to the extent allowed

by law, this rule meets the applicable

standards of subsections (a) and (b) of

that section. However, these standards

are not applicable to the actual language

of State regulatory programs and

program amendments since each such

program is drafted and promulgated by

a specific State, not by OSM. Under

sections 503 and 505 of SMCRA (30

U.S.C. 1253 and 1255) and 30 CFR

730.11, 732.15 and 732.17(h)(10),

decisions on proposed State regulatory

programs and program amendments

submitted by the States must be based

solely on a determination of whether the

submittal is consistent with SMCRA and

its implementing Federal regulations

and whether the other requirements of

30 CFR Parts 730, 731, and 732 have

been met.

National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA [30 U.S.C. 1292(d)]

provides that agency decisions on

proposed State regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et. seq.). The State submittal

which is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 946

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 31, 1996.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 96–14605 Filed 6–10–96; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA 52–2–7155; FRL–5506–9]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Extension of Comment

Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of extension of public

comment period.

SUMMARY: EPA is reopening the

comment period for a proposed rule

published on April 9, 1996 (61 FR

15744). In the April 9, 1996 notice, EPA

proposed to approve a reasonably

available control technology (RACT)

requirements for 21 Pennsylvania

sources of volatile organic compounds

(VOCs) or nitrogen oxides (NOX). At the

request of the New York State

Department of Environmental

Conservation, EPA is reopening the

comment period through June 10, 1996,

only as it pertains to the RACT

determinations for Pennsylvania

Power—New Castle plant and

International Paper—Hammermill

Division. All comments received on or

before June 10, 1996, including those

received between the close of the

comment period on May 9 and the

publication of this notice, will be

entered into the public record and

considered by EPA before taking final

action on the proposed rule.

DATES: Comments are now due on or

before June 28, 1996.

ADDRESSES: Comments may be mailed to

Kathleen Henry, Acting Chief, Ozone

and Mobile Sources Section, Mailcode

3AT21, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107. Copies of the documents relevant

to this action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; and Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Cynthia H. Stahl at the U.S. EPA Region

III address above, (215) 597–9337, or

after May 20, 1996, (215) 566–2180, or

via e-mail at

stahl.cynthia@epamail.epa.gov

pertaining to the reopening of the

comment period for the Pennsylvania

Power—New Castle and International

Paper—Hammermill RACT

determinations.

Dated: May 9, 1996.

Stanley Laskowski,

Acting Regional Administrator, Region III.

[FR Doc. 96–14807 Filed 6–10–96; 8:45 am]

BILLING CODE 6560–50–M

40 CFR Parts 52 and 81

[WI71–01–7297; FRL–5518–8]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes: Wisconsin

AGENCY: Environmental Protection

Agency (EPA).
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Proposed Rules 29509

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to

approve the Wisconsin Department of

Natural Resources (WDNR) request to

redesignate Kewaunee, Manitowoc, and

Sheboygan counties to attainment for

ozone. In addition, EPA is proposing to

approve the section 175A maintenance

plans as revisions to the Wisconsin

State Implementation Plan (SIP). This

proposed rulemaking is based upon a

May 15, 1996, submittal to the EPA from

the WDNR.

DATES: Comments on this proposed

action must be received in writing by

July 11, 1996.

ADDRESSES: Written comments should

be addressed to: Carlton T. Nash, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), United

States Environmental Protection

Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

Copies of the State’s submittal and

EPA’s analysis are available for

inspection at the following location:

United States Environmental Protection

Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard,

Chicago, Illinois 60604. (It is

recommended that you telephone Randy

Robinson at (312) 353–6713 before

visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT:

Randy Robinson at (312) 353–6713.

SUPPLEMENTARY INFORMATION:

I. Background

In accordance with requirements of

the Clean Air Act Amendments (Act) of

1990, Kewaunee, Sheboygan, and

Manitowoc Counties were designated as

ozone nonattainment areas on

November 6, 1991, (56 FR 56850).

Kewaunee and Manitowoc were

designated as moderate ozone

nonattainment areas. Sheboygan was

originally designated as a serious ozone

nonattainment area, but that

classification was changed from serious

to moderate on November 30, 1992, (57

FR 56762). The nonattainment

designations were based on air quality

monitored violations of the ozone

National Ambient Air Quality Standards

(NAAQS).

Recent air quality data shows that

none of the three counties are in

violation of the ozone NAAQS.

Therefore, the counties of Manitowoc,

Sheboygan, and Kewaunee, are eligible

for redesignation to attainment based on

a minimum of 3 years of ‘‘clean’’ air

quality data, as required in the Act. On

May 15, 1996, the WDNR submitted

requests for redesignation to attainment

and maintenance plans for ozone for

Kewaunee County, Manitowoc County,

and Sheboygan County. The remainder

of this document will discuss the

regulatory requirements for

redesignation to attainment, the details

of the Wisconsin draft submittals, and

EPA’s recommended rulemaking action.

II. Redesignation Review Criteria

The Act provide the requirements for

redesignating a nonattainment area to

attainment. Specifically, section

107(d)(3)(E) provides for redesignation

if: (i) The Administrator determines that

the area has attained the National

Ambient Air Quality Standard

(NAAQS); (ii) the Administrator has

fully approved the applicable

implementation plan for the area under

section 110(k); (iii) the Administrator

determines that the improvement in air

quality is due to permanent and

enforceable reductions in emissions

resulting from implementation of the

applicable implementation plan and

applicable Federal air pollutant control

regulations and other permanent and

enforceable reductions; (iv) the

Administrator has fully approved a

maintenance plan for the area as

meeting the requirements of section

175(A); and (v) the State containing

such area has met all requirements

applicable to the area under section 110

and Part D.

The EPA provided guidance on

redesignation in the General Preamble

for the Implementation of Title I of the

Clean Air Act Amendments of 1990, 57

FR 13498, (April 16, 1992),

supplemented at 57 FR 18070, (April 28,

1992) (General Preamble). Three key

memoranda provide further guidance

with respect to section 107(d)(3)(E) of

the Act. The first, dated September 4,

1992, was issued by John Calcagni,

Director, Air Quality Management

Division, Subject: Procedures for

Processing Requests to Redesignate

Areas to Attainment (Calcagni

Memorandum). The second, dated

September 17, 1993, was issued by

Michael Shapiro, Acting Assistant

Administrator for Air and Radiation,

Subject: State Implementation Plan (SIP)

Requirements for Area Submitting

Requests for Redesignation to

Attainment of the Ozone and Carbon

Monoxide (CO) NAAQS on or after

November 15, 1992, (Shapiro

Memorandum). The third, dated

October 14, 1994, was issued by Mary

Nichols, Assistant Administrator for Air

and Radiation, Subject: Part D New

Source Review Requirements for Areas

Requesting Redesignation to Attainment

(Nichols Memorandum).

Analysis of State Submittal

A. The Area Must Have Attained the

Ozone National Ambient Air Quality

Standard (NAAQS)

An area may be considered attaining

the ozone NAAQS if there are no

violations of the NAAQS, as determined

in accordance with 40 CFR 50.9, based

on 3 complete, consecutive calendar

years of quality assured monitoring

data. The data that are used should be

the product of ambient monitoring that

is representative of the area believed to

have the highest concentration. A

violation of the NAAQS occurs when

the annual average number of expected

daily exceedances is equal to or greater

than one at any site under

consideration. A daily exceedance

occurs when the maximum hourly

ozone concentration during a given day

exceeds 0.124 parts per million (ppm).

The data should be collected and

quality-assured in accordance with 40

CFR Part 58, and recorded in the

Aerometric Information Retrieval

System (AIRS). The monitors should

have remained at a location

representative of the area’s ozone air

quality for the duration of the

monitoring period required for

demonstrating attainment.

Kewaunee County contains one ozone

monitor, located just south of the town

of Kewaunee, close to Lake Michigan.

The monitor was moved to this site in

1994 from a previous location about one

mile to the northwest. The monitor had

been located in a room at Kewaunee

High School, which the school wanted

to reclaim. Kewaunee High School is

located in the town of Kewaunee, about

one-half mile from Lake Michigan.

The Sheboygan County monitor is

located approximately 5 miles south of

the city of Sheboygan and about a mile

from Lake Michigan. The monitor has

been in operation at this site since 1977.

Manitowoc County has two ozone

monitors which operate during the

April 15 to October 15 ozone season.

The Collins Fire Tower site was

initiated in 1992 after high ozone levels

were measured during the Lake

Michigan Ozone Study field study,

conducted in the summer of 1991. The

second monitor is at the Woodland

Dunes Nature Conservancy. The

monitor was moved to this location in

1994 from the Washington Jr. High

School site. The move was needed to

ensure adequate access to the

monitoring equipment and also to

provide sufficient space for the

additional monitoring equipment

required for the Photochemical Air

Monitoring Stations (PAMS). The PAMS

sites are required by the Act and
29510 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Proposed Rules

measure more pollutants than

traditional ozone monitoring stations.

The EPA stated, in a letter dated March

21, 1995, to WDNR, that the ozone

monitoring data from the new site may

be considered as a continuation from

the old site.

To demonstrate monitored attainment

with the standard, the WDNR submitted

ozone monitoring data for the April 15

to October 15 ozone season for 1993,

1994, and 1995 for Kewaunee,

Sheboygan, and Manitowoc Counties.

The annual average expected

exceedance for this 3-year time period,

for each county is 0.67, 0.67, and 1.0,

respectively. No violations were

recorded during this 3-year time period.

The three counties have attained the

NAAQS. This data has been quality

assured and is recorded in AIRS.

B. The Area Must Have a Fully

Approved State Implementation Plan

(SIP) Under Section 110(k); and the

Area Must Have Met All Applicable

Requirements Under Section 110 and

Part D

In November 1991, Kewaunee and

Manitowoc Counties were designated

moderate nonattainment for ozone

based on monitored ozone exceedances

occurring during the years 1987–1989.

Sheboygan County was classified as

moderate nonattainment in November

1992. As a result of this designation, the

WDNR was required to submit revised

SIPs that meet the requirements of the

Act and demonstrate attainment and

maintenance with the ozone standards.

Section 110: General Requirements for

Implementation Plans

Section 110(a)(2) of the Act lists the

elements to be included in each SIP

after adoption by the State and

reasonable notice and public hearing.

The elements include, but are not

limited to, provisions for establishment

and operation of appropriate devices,

methods, systems, and procedures

necessary to monitor ambient air

quality; implementation of a permit

program, provisions for Part C (PSD)

and D (NSR) permit programs, criteria

for stationary source emission control

measures, monitoring, and reporting,

provisions for modeling, and provisions

for public and local agency

participation. For purposes of

redesignation, the Kewaunee,

Manitowoc, and Sheboygan County SIPs

were reviewed to ensure that all

requirements under the Act were

satisfied. EPA has determined that the

individual SIPs are consistent with the

requirements of section 110 of the Act.

Part D: General Provisions for

Nonattainment Areas

Before any of the moderate

nonattainment counties may be

redesignated as attainment, they must

fulfill the applicable requirements of

Part D. Under Part D, an area’s

classification determines the

requirements to which it is subject.

Subpart 1 of Part D sets forth the basic

nonattainment requirements applicable

to all nonattainment areas. Subpart 2 of

Part D establishes additional

requirements for nonattainment areas

classified under table 1 of section

181(a). As described in the General

Preamble, specific requirements of

Subpart 2 may override Subpart 1’s

general provisions, (57 FR 13501 (April

16, 1992)). Kewaunee, Manitowoc, and

Sheboygan Counties are classified as

moderate nonattainment areas.

Therefore, in order to be redesignated,

the State must meet the applicable

requirements of Subpart 1 of Part D—

specifically sections 172 and 176, as

well as the applicable requirements of

Subpart 2 of Part D.

Section 172 Requirements

The State redesignation requests have

satisfied all of the relevant submittal

requirements under section 172

necessary for the area to be redesignated

to attainment.

The reasonable further progress (RFP)

requirement under section 172(c)(2) is

defined as progress that must be made

toward attainment. This requirement is

not relevant because all three counties

have demonstrated monitored

attainment of the ozone NAAQS,

(General Preamble, 57 FR 13564).

Section 172(c)(3) requires submission

and approval of a comprehensive,

accurate, and current inventory of actual

emissions. The requirement was

superseded by the inventory

requirement in section 182(a)(1). The

WDNR submitted such an inventory on

November 15, 1992. It was approved on

June 15, 1994 (59 FR 30702).

Section 172(c)(5) requires permits for

the construction and operation of new

and modified major stationary sources

anywhere in the nonattainment area.

The WDNR submitted information on

nonattainment area new source review

rules on November 15, 1992. The rules

were approved by EPA on January 18,

1995, (60 FR 3538). The State’s

Prevention of Significant Deterioration

(PSD) program will become effective in

Kewaunee, Sheboygan, and Manitowoc

County upon redesignation to

attainment. The State was delegated the

PSD program on November 4, 1987.

Section 176 Conformity Requirements

Section 176 of the Act requires States

to revise their SIPs to establish criteria

and procedures to ensure that, before

they are taken, Federal actions conform

to the air quality planning goals in the

applicable State SIP. The requirement to

determine conformity applies to

transportation plans, programs and

projects developed, funded or approved

under Title 23 U.S.C. or the Federal

Transit Act, 49 U.S.C.A. App. section

1601 et seq., (‘‘transportation

conformity’’), as well as to all other

Federal actions (‘‘general conformity’’).

Section 176 further provides that the

conformity revision to be submitted by

the States must be consistent with

Federal conformity regulations that the

Act required the EPA to promulgate.

Congress provided for the State

revisions to be submitted 1 year after the

date of promulgation of final EPA

conformity regulations.

The EPA promulgated final

transportation conformity regulations on

November 24, 1993, (58 FR 62188) and

general conformity regulations on

November 30, 1993, (58 FR 63214).

Pursuant to Section 51.396 of the

transportation conformity rule and

Section 51.851 of the general conformity

rule, the State of Wisconsin submitted a

SIP revision containing transportation

and general conformity criteria and

procedures on November 23, 1994, and

November 30, 1994, respectively. The

EPA has not yet approved these rules as

part of the SIP.

The EPA believes it is reasonable to

interpret the conformity requirements as

not being applicable requirements for

purposes of evaluating the redesignation

request under section 107(d). The

rationale for this is based on a

combination of two factors. First, the

requirement to submit SIP revisions to

comply with the conformity provisions

of the Act continue to apply to areas

after redesignation to attainment, since

such areas would be subject to a section

175A maintenance plan. Second, EPA’s

Federal conformity rules require the

performance of conformity analyses in

the absence of federally approved State

rules. Therefore, because areas are

subject to the conformity requirements

regardless of whether they are

redesignated to attainment and must

implement conformity under Federal

rules if State rules are not yet approved,

the EPA believes it is reasonable to view

these requirements as not being

applicable requirements for purposes of

evaluation of a redesignation request.

Consequently, the ozone redesignation

requests for Kewaunee, Manitowoc, and

Sheboygan County may be approved
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Proposed Rules 29511

notwithstanding the lack of fully

approved State transportation and

general conformity rules. This policy

was also exercised in the Tampa,

Florida ozone redesignation finalized on

December 7, 1995, (60 FR 62748).

Subpart 2 Section 182 Requirements

The Counties of Kewaunee,

Sheboygan, and Manitowoc are

classified as moderate nonattainment.

Therefore, Part D, Subpart 2, section

182(b) requirements apply. In

accordance with guidance presented in

the Shapiro memorandum, the

requirements that were due prior to the

submission of the requests to

redesignate the three counties must be

fully approved into the SIP before the

requests to redesignate the area to

attainment can be approved. Those

requirements are discussed below:

(a) 1990 Base Year Inventory

The 1990 base year emission

inventory was due on November 15,

1992. It was submitted to EPA on

November 15, 1992, and approved by

EPA on June 15, 1994, (59 FR 30702).

(b) Emission Statements

The emission statements SIP was due

on November 15, 1992. It was submitted

to the EPA on November 15, 1992, and

approved by EPA on December 6, 1993,

(58 FR 64155).

(c) (15 Percent) Plan

The 15 percent Rate of Progress plan

for VOC reductions was submitted to

EPA on November 15, 1993. The plan

was approved on March 22, 1996, (61

FR 11735).

(d) Attainment Demonstration

Section 182(b)(1) requires that the 15

percent plan provide for ‘‘such specific

annual reductions in emissions . . . as

necessary to attain the national primary

ambient air quality standard by the

attainment date applicable under this

Act.’’ However, as explained in a

memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, entitled ‘‘Reasonable

Further Progress, Attainment

Demonstration, and Related

Requirements for Ozone Nonattainment

Areas Meeting the Ozone National

Ambient Air Quality Standard,’’ dated

May 10, 1995, EPA believes it is

appropriate to interpret the provisions

regarding attainment demonstrations,

along with certain other provisions, so

as not to require SIP submittals if an

ozone nonattainment area subject to

those requirements is monitoring

attainment of the ozone standard.

The EPA has determined that

Kewaunee, Manitowoc, and Sheboygan

Counties have demonstrated monitored

attainment with the ozone NAAQS. As

a consequence, the attainment

demonstration requirement of section

182(b)(1) is not applicable to the

Kewaunee, Manitowoc, and Sheboygan

Counties redesignation requests. The

State must, however, continue to

operate an appropriate air quality

monitoring network, in accordance with

40 CFR Part 58, to verify the attainment

status of the area.

(e) RACT Requirements

SIP revisions requiring RACT for

three classes of VOC sources are

required under section 182(b)(2). The

categories are:

(i) All sources covered by a Control

Technology Guideline (CTG) document

issued between November 15, 1990 and

the date of attainment.

(ii) All sources covered by a CTG

issued prior to November 15, 1990.

(iii) All other major non-CTG

stationary sources.

The State submitted VOC RACT rules,

including existing CTG’s and non-CTG

major sources, on September 22, 1993.

EPA approved the rules on August 15,

1994. Additional rules for yeast

manufacturing and molded wood parts

or products coating and wood door

finishing were approved on June 30,

1995; screenprinting on July 28, 1995;

iron and steel foundaries on February

13, 1996; wood furniture coating on July

28, 1995; and lithographic printing on

April 9, 1996.

(f) Stage II Vapor Recovery

Section 182(b)(3) requires States to

submit gasoline vapor recovery rules no

later than November 15, 1992. This

requirement pertains to the recovery of

emissions from the refueling of motor

vehicles (i.e., Stage II). The Wisconsin

Stage II rules were submitted as a SIP

revision on November 15, 1992. On

August 13, 1993, the EPA approved the

State’s SIP revision for implementation

of Stage II (58 FR 43080).

(g) Vehicle Inspection and Maintenance

(I/M)

The EPA’s final I/M regulations in 40

CFR Part 51 establish specific

requirements for certain ozone

nonattainment areas to adopt and

submit plans for I/M. Under these

regulations, Manitowoc and Kewaunee

counties are not required to implement

an I/M program due to lack of urbanized

areas. Sheboygan county, however, is

subject to the I/M requirements and on

November 15, 1993, the State of

Wisconsin submitted a SIP revision to

meet the I/M requirements for

Sheboygan county. Under the I/M

regulations, areas requesting

redesignation must meet certain

requirements in order to receive full SIP

approval for their I/M program. For

Sheboygan county, the I/M plans must

contain the following elements:

1. Legal authority to implement an I/

M program.

2. A commitment by the Governor or

the Governor’s designee to adopt or

consider adopting an I/M program, in

accordance with the maintenance plan.

3. An enforceable schedule for

adoption and implementation of the I/

M program, and appropriate milestones

for implementation.

The legal authority for the I/M

program in Sheboygan county was

approved by the EPA on January 12,

1995, (60 FR 2881). The program is

currently being implemented in

accordance with the schedule submitted

by the State. As a result, the Sheboygan

county I/M program meets the criteria

for a fully approved I/M SIP under EPA

regulations.

(h) 1.15 to 1.0 Offset

Section 182(b)(5) requires all major

new sources or modifications in a

moderate nonattainment area to achieve

offsetting reductions of VOCs at a ratio

of at least 1.15 to 1.0. The State

submitted New Source Review rules on

November 23, 1994. EPA approved the

rules on January 18, 1995, (60 FR 3538).

(i) NOX Requirement

Section 182(f) establishes NOX

requirements for ozone nonattainment

areas. However, it provides that these

requirements do not apply to an area if

the Administrator determines that NOX

reductions would not contribute to

attainment. On July 13, 1994, Wisconsin

submitted, along with Illinois, Indiana

and Wisconsin, a section 182(f) NOX

petition to be relieved of the section

182(f) NOX requirements based on urban

airshed modeling (UAM). The modeling

demonstrates that NOX emission

reductions would not contribute to

attainment of the NAAQS for ozone in

the modeled area, which includes

Kewaunee, Sheboygan, and Manitowoc

Counties area. The EPA approved the

section 182(f) petition on January 26,

1996, (61 FR 2428). However, approval

of the waiver does not exempt these

counties from requirements that may be

imposed as a result of the Ozone

Transport Assessment Group process.
29512 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Proposed Rules

C. The Improvement in Air Quality

Must be Due to Permanent and

Enforceable Reductions in Emissions

Resulting From the SIP, Federal

Measures and Other Permanent and

Enforceable Reductions

The State must be able to reasonably

attribute the improvement in air quality

to emission reductions which are

permanent and enforceable. To satisfy

this requirement, the State should

estimate the percent reduction from the

year that was used to determine the

design value for designation and

classification achieved from Federal

measures and control measures that

have been adopted and implemented by

the State. Emission rates, production

capacities and other information should

be used in the estimation. Sources

should be assumed to operate at

permitted or historic peak levels unless

evidence is presented that such an

assumption is unrealistic.

The WDNR submittal documents

changes in VOC and NOX emissions

from 1988 (the design year) to 1993 (the

attainment year) for each county. Those

changes are shown in the tables below.

KEWAUNEE COUNTY VOC EMISSIONS

[Tons per day]

Sector 1988 1990 1993

Point .............. 0.84 0.86 0.92

Area ............... 1.77 1.76 1.74

Mobile ............ 2.48 2.16 1.74

Totals 5.09 4.78 4.40

Percent

Change

from 1988

(design

year) ........... ............ ¥6.09 ¥13.56

KEWAUNEE COUNTY NOx EMISSIONS

[Tons per day]

Sector 1988 1990 1993

Point .................. 0.03 0.03 0.04

Area ................... 0.14 0.14 0.14

Mobile ................ 2.87 2.78 2.67

Totals ...... 3.04 2.95 2.85

Percent Change

from 1988 (design year) ....... ............ ¥2.96 ¥6.25

SHEBOYGAN COUNTY VOC EMISSIONS

[Tons per day]

Sector 1988 1990 1993

Point .................. 6.60 6.74 7.18

Area ................... 9.62 9.69 9.84

Mobile ................ 10.59 9.17 7.29

Totals ...... 26.81 25.60 24.32

SHEBOYGAN COUNTY VOC

EMISSIONS—Continued

[Tons per day]

Sector 1988 1990 1993

Percent Change

from 1988 (design year) ....... ............ ¥4.51 ¥9.32

SHEBOYGAN COUNTY NOX EMISSIONS

[Tons per day]

Sector 1988 1990 1993

Point .................. 55.23 56.35 60.08

Area ................... 1.35 1.38 1.36

Mobile ................ 16.91 16.32 15.34

Totals ...... 73.49 74.05 76.78

Percent Change

from 1988 (design year) ....... ............ +0.76 +4.48

MANITOWOC COUNTY VOC EMISSIONS

[Tons per day]

Sector 1988 1990 1993

Point .............. 1.14 1.16 1.24

Area ............... 8.73 8.82 8.87

Mobile ............ 9.57 8.25 6.44

Totals 19.44 18.23 16.55

Percent

Change

from 1988

(design

year) ........... ............ ¥6.22 ¥14.86

MANITOWOC COUNTY NOX EMISSIONS

[Tons per day]

Sector 1988 1990 1993

Point .............. 3.14 3.20 3.41

Area ............... 0.97 0.98 0.97

Mobile ............ 15.91 15.32 13.94

Totals 20.02 19.50 18.32

Percent

Change

from 1988

(design

year) ........... ............ ¥2.55 ¥8.44

The tables show that VOC and NOx

emissions decreased for both

Manitowoc and Kewaunee Counties

from 1988 to 1993. Sheboygan VOC also

decreased during that time period.

However, NOx emission increased from

73.49 tons per day to 76.77 tons per day.

The increase in NOx emissions

happened concurrently with the

county’s decrease in ozone and

subsequent ability to show attainment of

the standard. The WDNR has

demonstrated that the improvement in

air quality is due to the decrease in VOC

emissions resulting primarily from the

implementation of Federal programs.

This reasoning is consistent with the

NOx waiver analysis, which showed that

NOx reductions would not contribute to

attainment of the NAAQS for ozone.

Emission estimates in the above tables

were back casted to 1988 from 1990 base

year emissions, according to variables

such as population growth, economic

growth, and vehicle miles traveled.

Although Kewaunee, Manitowoc, and

Sheboygan Counties experienced

moderate economic and population

growth during the years 1988 to 1993,

VOC decreased in all three counties and

NOx emissions decreased in each county

except Sheboygan. The majority of the

reductions are due to lower highway

motor vehicle emissions. These

reductions are directly attributable to

the implementation of the Federal

Motor Vehicle Control Program

(FMVCP).

D. The Area Must Have a Fully

Approved Maintenance Plan Meeting

the Requirements of Section 175A

Section 175A of the Act defines

requirements for maintenance plans.

The maintenance plan is a SIP revision

which provides for attainment of the

relevant NAAQS in the area for at least

10 years after redesignation. There are

five core provisions that the

maintenance plan must address

(Calgagni Memorandum): the attainment

inventory, maintenance demonstration,

monitoring network, verification of

continued attainment, and a

contingency plan. The attainment

inventory must identify the level of

emissions in the area that is sufficient

to attain the ozone NAAQS and must

include the emissions during the time

period associated with the monitoring

data showing attainment. Maintenance

is demonstrated by showing that future

emissions will not exceed the level of

the attainment inventory. The

maintenance plan must also provide for

continued operation of an appropriate

air quality monitoring network to verify

attainment status of the area. The plan

must indicate how the State will track

the progress of the maintenance plan.

Finally, the maintenance plan must

include contingency measures which

would promptly correct any violation of

the ozone NAAQS that occurs after

redesignation of the area to attainment.

Attainment Inventory

The Kewaunee, Sheboygan, and

Manitowoc Counties submittals

contained inventories of 1990 actual

VOC and NOx emissions from

stationary, area, and mobile sources.

This is the most accurate,
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Proposed Rules 29513

comprehensive emission inventory

available for the area. The 1990

emission inventory was projected to

1993 to provide an emissions inventory

representative of attainment conditions

based upon the lack of a monitored

ozone violation for the years 1992–1994.

Maintenance Demonstration

The three county submittals show

projected VOC and NOX emissions from

the 1993 attainment inventory to 2007.

The following tables list the VOC and

NOX emissions for the base year, interim

year and final year for each county.

SUMMARY OF KEWAUNEE VOC

EMISSIONS

[Tons per day]

Sector 1993

Attain

1996

Proj.

2007

Proj.

Area ............... 1.74 1.57 1.57

Point .............. 0.92 0.76 0.98

Mobile ............ 1.74 1.68 1.37

Totals 4.40 4.01 3.92

Percent

Change

from 1993 ............ ¥8.86 ¥10.91

SUMMARY OF KEWAUNEE NOX

EMISSIONS

[Tons per day]

Sector 1993

Attain

1996

Proj.

2007

Proj.

Area 0.14 0.14 0.13

Point .............. 0.04 0.04 0.05

Mobile ............ 2.67 2.56 2.36

Totals 2.85 2.74 2.54

Percent

Change

from 1993 ............ ¥3.86 ¥10.87

SUMMARY OF SHEBOYGAN VOC

EMISSIONS

[Tons per day]

Sector 1993

Attain

1996

Proj.

2007

Proj.

Area ............... 9.84 8.52 9.03

Point .............. 7.18 7.18 9.22

Mobile ............ 7.29 6.85 4.36

Totals 24.31 22.55 22.61

Percent

Change

from 1993 ............ ¥7.23 ¥7.00

SUMMARY OF SHEBOYGAN NOX

EMISSIONS

[Tons per day]

Sector 1993

Attain

1996

Proj.

2007

Proj.

Area ............... 1.36 1.36 1.27

Point .............. 60.08 70.13 55.89

Mobile ............ 15.34 14.33 11.63

Totals 76.78 85.82 68.79

Percent

Change

from 1993 ............ +11.77 ¥10.40

SUMMARY OF MANITOWOC VOC

EMISSIONS

[Tons per day]

Sector 1993

Attain

1996

Proj.

2007

Proj.

Area ............... 8.87 7.77 8.22

Point .............. 1.24 1.22 1.59

Mobile ............ 6.44 6.18 5.02

Totals 16.55 15.17 14.83

Percent

Change

from 1993 ............ ¥8.33 ¥10.39

SUMMARY OF MANITOWOC NOX

EMISSIONS

[Tons per day]

Sector 1993

Attain

1996

Proj.

2007

Proj.

Area ............... 0.97 0.97 0.91

Point .............. 3.41 3.64 4.71

Mobile ............ 13.94 12.97 10.35

Totals 18.32 17.58 15.97

Percent

Change

from 1993 ............ ¥4.04 ¥12.83

The above tables show that the level

of total emissions in the attainment

year, 1993, are not exceeded in either

the interim year, 1996, or the final year,

2007. An exception to this is the NOX

emission estimate for the interim year in

Sheboygan County, which is predicted

to increase by about 12 percent in 1996

but drop below attainment year levels

by 2007. The drop in emissions from

1996 to 2007 is attributable to the Act

Title IV NOX requirements. To date, this

level of increase in NOX has not caused

a violation of the NAAQS. The EPA

believes that the emissions projections

demonstrate that the area will continue

to maintain the ozone NAAQS because

this area has achieved attainment

through VOC controls and reductions.

Additionally, modeling performed to

support the NOX waiver petition

showed that additional NOX reductions

would not contribute to attainment of

the NAAQS.

Emission Projections

All emission projections were made

from emissions calculated for WDNR’s

1990 base year inventory. The 1990 base

year inventory reflects tons per typical

summer day emissions as well as an 80

percent rule effectiveness assumption.

Projections were generally based on the

following equation:

Proj.Emissions=’90 Emissions*(Proj.

Factor)*(1¥(Cont.Effcy)*(RE)*(RP))

Where RE=rule effectiveness

(default=80%), and RP=rule

penetration.

Projections of stationary source

emissions through the year 2007, for all

three counties, were developed based

primarily on economic growth

projection factors using a growth of 1

percent per year prior to 1990 and

approximately 2.3 percent per year after

1990. The area source emissions were

projected using a variety of growth

factors, such as population growth,

gasoline market, vehicle miles traveled,

farmland, etc. To project future year

mobile VOC emissions, a VMT growth

rate of 2.0 percent was used for the

period between 1988 and 2007. These

estimates were provided by the

Wisconsin Department of

Transportation. The MOBILE5a model

was run to produce emission factors for

the years 1988, 1990, 1993, 1996, and

2007. The submittal included the input

and output files from the model runs.

Monitoring Network

There is currently one monitor

measuring ozone in Kewaunee County

and one monitor in Sheboygan County.

Two monitors measure ozone in

Manitowoc County. The WDNR has

committed to continue operating and

maintaining an approved ozone monitor

network in each of the three counties for

the 10 year maintenance period to verify

the attainment status of the area.

Contingency Plan

The contingency plans for the

counties of Kewaunee, Manitowoc, and

Sheboygan contain three major

components: attainment tracking,

contingency measures, and a

mechanism that triggers the

implementation of the contingency

measures.

The WDNR will track the progress of

the maintenance plan for each County

by generating VOC and NOX emissions

inventories for point, area, and mobile

sources for the years 1996, 1999, 2002,

2005, and 2007

The contingency measures to be

considered for implementation for each
29514 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Proposed Rules

county are (1) a lower major source

applicability threshold for industrial

sources and (2) the implementation of

new gasoline standards that will lower

VOC emissions. Selection of the

contingency measures will take place in

the event the ozone NAAQS is violated,

and if an EPA approved analysis shows

that emission sources from the county

with the monitored violation caused the

violation. This analysis is being

conducted because the State has

maintained that the level of ozone in

these three counties is a function of

ozone and ozone precursors being

transported to the region from upwind

urbanized areas such as the greater

Chicago area. The analysis will follow a

protocol which WDNR will submit to

EPA for approval, within 60 days after

the violation. This protocol plan may

include available meteorological data,

monitoring data, and a dispersion

modeling study. The completed analysis

will then be sent to EPA for approval

within 14 months of the violation. The

completed analysis will be subject to

public comment. If the analysis shows

that the specific county source(s) caused

the violation, contingency measures will

be implemented. In summary, the

contingency measures will be

implemented according to the following

schedule:

Activity Completion time

Violation of the ozone NAAQS:

Verify violation and submit plan to analyze violation to EPA for approval .................................. 60 days after violation measurement.

Submit completed analysis, public notice and comment material to EPA for approval .............. 14 months after violation measurement.

Lower ‘‘major source’’ threshold for industrial sources within the county with the violation ....... 24 months after violation measurement.

Gasoline standards in the county with the violation to lower VOC emissions ............................ 24 months after violation measurement.

The Kewaunee, Manitowoc, and

Sheboygan Counties submittals

adequately address the five basic

components which comprise a

maintenance plan (attainment

inventory, maintenance demonstration,

monitoring network, verification of

continued attainment, and a

contingency plan) and, therefore, satisfy

the maintenance plan requirements of

Section 107(d)(3)(E)(iv).

E. The Area Must Have Met All

Applicable Requirements Under Section

110 and Part D

Section 110 and Part D requirements

were discussed under section B above.

III. Final Rulemaking Action

The EPA is proposing to approve

WDNR’s request for redesignation to

attainment and 175A maintenance plan

for ozone for Kewaunee, Sheboygan,

and Manitowoc County.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. The EPA

shall consider each request for revision

to the SIP in light of specific technical,

economic, and environmental factors

and in relation to relevant statutory and

regulatory requirements.

Ozone SIPs are designed to satisfy the

requirements of Part D of the Act and to

provide for attainment and maintenance

of the ozone NAAQS. This proposed

redesignation should not be interpreted

as authorizing the State to delete, alter,

or rescind any of the VOC or NOX

emission limitations and restrictions

contained in the approved ozone SIP.

Changes to ozone SIP VOC regulations

rendering them less stringent than those

contained in the EPA approved plan

cannot be made unless a revised plan

for attainment and maintenance is

submitted to and approved by EPA.

Unauthorized relaxations, deletions,

and changes could result in both a

finding on nonimplementation [section

173(b) of the Clean Air Act] and in a SIP

deficiency call made pursuant to section

110(a)(2)(H) of the Act.

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989, (54 FR

2214–2225), as revised by a July 10,

1995, memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from Executive Order

12866 review.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. (5 U.S.C. 603

and 604.) Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), 2 U.S.C.

1532, requires that the EPA prepare a

budgetary impact statement before

promulgating a rule that includes a

Federal mandate that may result in

expenditure by State, local, and tribal

governments, in aggregate, or by the

private sector, of $100 million or more

in any one year. Section 203, 2 U.S.C.

1533, requires the EPA to establish a

plan for obtaining input from and

informing, educating, and advising any

small governments that may be

significantly or uniquely affected by the

rule.

Under section 205 of the Unfunded

Mandates Act, 2 U.S.C. 1535, the EPA

must identify and consider a reasonable

number of regulatory alternatives before

promulgating a rule for which a

budgetary impact statement must be

prepared. The EPA must select from

those alternatives the least costly, most

cost-effective, or least burdensome

alternative that achieves the objectives

of the rule, unless the EPA explains why

this alternative is not selected or the

selection of this alternative is

inconsistent with law.

Because this proposed rule is

estimated to result in the expenditure by

State, local, and tribal governments or

the private sector of less then $100

million in any one year, the EPA has not

prepared a budgetary impact statement

or specifically addressed the selection of

the least costly, most cost-effective, or

least burdensome alternative. Because

small governments will not be

significantly or uniquely affected by this

rule, the EPA is not required to develop

a plan with regard to small

governments.

SIP approvals under section 110 and

Subchapter I, Part D, of the Clean Air

Act do not create any new requirements,

but simply approve requirements that

the State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-State relationship under the

Clean Air Act, preparation of a

regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of the State

action. The Clean Air Act forbids EPA

to base its actions concerning SIPs on
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Proposed Rules 29515

such grounds. Union Electric Co. v.

EPA, 427 U.S. 246, 256–66 (1976).

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Motor vehicle

pollution, Hydrocarbons, Nitrogen

oxides, Ozone, Volatile organic

compounds.

40 CFR Part 81

Environmental protection, Air

pollution control, National Parks,

Wilderness Areas.

Authority: 42 U.S.C. 7401–7671q.

Dated: May 30, 1996.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 96–14759 Filed 6–10–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[WA52–7125; FRL–5513–2]

Approval and Promulgation of

Maintenance Plan and Designation of

Areas for Air Quality Planning

Purposes for Carbon Monoxide; State

of Washington

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) is announcing its intent

to redesignate the Seattle-TacomaEverett nonattainment area to

attainment for the carbon monoxide

(CO) air quality standard and to approve

a maintenance plan that will insure that

the area remains in attainment. Under

the Clean Air Act as amended in 1990

(CAA), designations can be revised if

sufficient data is available to warrant

such revisions. In this action, EPA is

proposing to approve the SeattleTacoma-Everett redesignation as

meeting the requirements set forth in

the CAA.

DATES: Comments must be postmarked

on or before July 11, 1996.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, EPA, Office of Air Quality

(OAQ–107), 1200 Sixth Avenue, Seattle,

Washington 98101.

Copies of the State’s redesignation

request and other information

supporting this proposed action are

available for public review during

normal business hours at the addresses

listed below: EPA, Alaska-Washington

Unit (OAQ–107), 1200 Sixth Avenue,

Seattle, Washington 98101, and the

Washington State Department of

Ecology, Air Quality Program, P.O. Box

47600, Olympia, Washington 98504–

7600.

FOR FURTHER INFORMATION CONTACT:

Christi Lee, EPA Region 10 Washington

Operation’s Office, at (360) 753–9079.

SUPPLEMENTARY INFORMATION:

I. Background

In a March 15, 1991, letter to the EPA

Region 10 Administrator, the Governor

of Washington recommended the

Seattle-Tacoma-Everett area, including

the western portions of King, Pierce,

and Snohomish Counties, be designated

as nonattainment for CO as required by

section 107(d)(1)(A) of the 1990 Clean

Air Act Amendments (CAA) (Public

Law 101–549, 104 Stat. 2399, codified at

42 U.S.C. 7401–7671q). The area, which

includes lands within the Puyallup

Reservation, Tulalip Reservation and

Muckleshoot Reservation, was

designated nonattainment and classified

as ‘‘moderate’’ under the provisions

outlined in sections 186 and 187 of the

CAA. (See 56 FR 56694 (Nov. 6, 1991),

codified at 40 CFR part 81, § 81.348.)

Because the Seattle-Tacoma-Everett area

had a design value of 14.8 ppm (based

on 1987 data), it was classified as

‘‘moderate > 12.7 ppm’’ (moderate plus).

The CAA established an attainment

date of December 31, 1995, for all

moderate CO areas. The Seattle-TacomaEverett area has ambient monitoring

data showing attainment of the CO

National Ambient Air Quality Standards

(NAAQS), since 1991. Therefore, in an

effort to comply with the CAA and to

ensure continued attainment of the

NAAQS, on March 6, 1996, the

Washington State Department of

Ecology (WDOE) submitted a CO

redesignation request and a

maintenance plan for the SeattleTacoma-Everett nonattainment area. The

WDOE submitted evidence that public

hearings were held on October 26, 1995

in Seattle at the office of the Puget

Sound Air Pollution Control Agency.

On April 8, 1996, EPA Region 10

determined that the information

received from the WDOE constituted a

complete redesignation request under

the general completeness criteria of 40

CFR part 51, appendix V, §§ 2.1 and 2.2.

II. Evaluation Criteria

Section 107(d)(3)(E) of the CAA lists

specific requirements that an area must

meet in order to be redesignated from

nonattainment to attainment. They are:

1. The area must have attained the

applicable NAAQS;

2. The area must have a fully approved

SIP under section 110(k) of the CAA

and the area must have met all

relevant requirements under section

110 and Part D of the CAA.

3. The air quality improvement must be

permanent and enforceable;

4. The area must have a fully approved

maintenance plan pursuant to section

175A of the CAA.

III. Review of State Submittal

EPA proposes to find that the

Washington redesignation request for

the Seattle-Tacoma-Everett area meets

the requirements of section 107(d)(3)(E),

noted above. EPA also proposes to find

that information and requirements

provided in the WDOE redesignation

request and maintenance plan for the

Seattle-Tacoma-Everett nonattainment

area demonstrate that the 107(d)(3)(E)

requirements have been met for the

affected tribal lands which include

portions of the Tulalip Reservation, the

Puyallup Reservation and the

Muckleshoot Reservation. The Agency

has not determined whether it is bound

to follow the formal requirements of

section 107(d)(3)(E) when taking such

redesignation actions for tribal lands.

The action to redesignate to attainment

these tribal lands is being proposed

today without answering that question

because information submitted by

WDOE satisfies each required element

for redesignation.

The following is a brief description of

how each of the 107(d)(3)(E)

requirements are met. A Technical

Support Document, on file at the EPA

Region 10 office, contains a more

detailed analysis of this redesignation

proposal.

1. Attainment of the CO NAAQS

To attain the CO NAAQS, an area

must have complete quality-assured

data showing no more than one

exceedance of the standard per year

over at least two consecutive years. The

redesignation is based on air quality

data that showed that the CO standard

was not violated in 1993 and 1994.

These data were collected by WDOE in

accordance with 40 CFR 50.8, following

EPA guidance on quality assurance and

quality control and are in the EPA

Aerometric Information and Retrieval

System (AIRS). Since the SeattleTacoma-Everett area has complete

quality-assured monitoring data

showing attainment of the standard over

two consecutive years (1993 and 1994),

and has not violated the standard since

that time, the area has met the first

statutory criterion for attainment of the

CO NAAQS. The WDOE has committed

to continue monitoring in this area in

accordance with 40 CFR part 58.