[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Proposed Rules]
[Pages 29508-29515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14759]



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ENVIRONMENTAL PROTECTION AGENCY
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).


[[Page 29509]]


ACTION: Proposed rule.

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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

[[Page 29510]]

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

[[Page 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) NO<INF>X Requirement
    Section 182(f) establishes NO<INF>X requirements for ozone 
nonattainment areas. However, it provides that these requirements do 
not apply to an area if the Administrator determines that NO<INF>X 
reductions would not contribute to attainment. On July 13, 1994, 
Wisconsin submitted, along with Illinois, Indiana and Wisconsin, a 
section 182(f) NO<INF>X petition to be relieved of the section 182(f) 
NO<INF>X requirements based on urban airshed modeling (UAM). The 
modeling demonstrates that NO<INF>X 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.

[[Page 29512]]

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 NO<INF>X 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 NO<INF>x 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
Percent Change from 1988 (design year).......  .......    -4.51    -9.32
------------------------------------------------------------------------


                     Sheboygan County NO<INF>X 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 NO<INF>X 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 NO<INF>x emissions decreased for both 
Manitowoc and Kewaunee Counties from 1988 to 1993. Sheboygan VOC also 
decreased during that time period. However, NO<INF>x emission increased 
from 73.49 tons per day to 76.77 tons per day. The increase in NO<INF>x 
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 NO<INF>x waiver 
analysis, which showed that NO<INF>x 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 NO<INF>x 
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 NO<INF>x emissions from 
stationary, area, and mobile sources. This is the most accurate,

[[Page 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 NO<INF>X 
emissions from the 1993 attainment inventory to 2007. The following 
tables list the VOC and NO<INF>X emissions for the base year, interim 
year and final year for each county.

                    Summary of Kewaunee VOC Emissions                   
                             [Tons per day]                             
------------------------------------------------------------------------
                                               1993     1996      2007  
                   Sector                     Attain   Proj.     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 NO<INF>X Emissions                   
                             [Tons per day]                             
------------------------------------------------------------------------
                                               1993     1996      2007  
                   Sector                     Attain   Proj.     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]                             
------------------------------------------------------------------------
                                               1993     1996      2007  
                   Sector                     Attain   Proj.     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 NO<INF>X Emissions                   
                             [Tons per day]                             
------------------------------------------------------------------------
                                               1993     1996      2007  
                   Sector                     Attain   Proj.     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]                             
------------------------------------------------------------------------
                                               1993     1996      2007  
                   Sector                     Attain   Proj.     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 NO<INF>X Emissions                   
                             [Tons per day]                             
------------------------------------------------------------------------
                                               1993     1996      2007  
                   Sector                     Attain   Proj.     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 NO<INF>X 
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 NO<INF>X requirements. To date, 
this level of increase in NO<INF>X 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 NO<INF>X waiver 
petition showed that additional NO<INF>X 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 NO<INF>X 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

[[Page 29514]]

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    60 days after violation measurement.                         
     violation to EPA for approval.                                                                             
    Submit completed analysis, public notice and   14 months after violation measurement.                       
     comment material to EPA for approval.                                                                      
    Lower ``major source'' threshold for           24 months after violation measurement.                       
     industrial sources within the county with                                                                  
     the violation.                                                                                             
    Gasoline standards in the county with the      24 months after violation measurement.                       
     violation to lower VOC emissions.                                                                          
----------------------------------------------------------------------------------------------------------------

    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 
NO<INF>X 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

[[Page 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