Approval and Promulgation of Implementation Plan; Wisconsin

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI32-01-5763a; FRL-4891-5]

Approval and Promulgation of Implementation Plan; Wisconsin

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: United States Environmental Protection Agency (USEPA) approves

Wisconsin's 1990 base year ozone (O3) emission inventory as a

revision to the Wisconsin State Implementation Plan (SIP) for O3.

The inventory was submitted by the State of Wisconin to satisfy a

Federal requirement that those States containing O3 nonattainment

areas (NAAs) classified as marginal to extreme submit inventories of

actual O3 season and emissions from all sources in accordance with

USEPA guidance. Wisconsin's O3 NAAs are the counties of Walworth,

Door, Kewaunee, Manitowoc, Sheboygan, and the six county Milwaukee area

(counties Washington, Ozaukee, Waukesha, Milwaukee, Racine, and

Kenosha). The rationale for the approval is set forth in this final

rule; additional information is available at the address indicated

below in the supporting Technical Support Document (TSD).

DATES: This final rule will be effective August 15, 1994, unless notice

is received by July 15, 1994, that someone wishes to submit adverse

comments. If the effective date is delayed, timely notice will be

published in Federal Register.

ADDRESSES: Copies of the SIP revision and USEPA's analyses are

available for inspection at the following address: (It is recommended

that you telephone Charles Hatten at (312) 886-6031 before visiting the

Region 5 Office.) United States Environmental Protection Agency, Region

5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,

Illinois 60604.

Written comments can be mailed to Carlton T. Nash, Chief,

Regulation Development Section, Air Toxics and Radiation Branch (AT-

18J), United States Environmental Protection Agency, Region 5, Air and

Radiation Division, 77 West Jackson Boulevard, Chicago, Illionis 60604.

FOR FURTHER INFORMATION CONTACT:

Charles Hatten (312) 886-6031.

SUPPLEMENTARY INFORMATION:

I. Background

Under the Clean Air Act as amended (including the 1990 Amendments)

(the Act), States have the responsibility to inventory emissions

contributing to the National Ambient Air Quality Standards

nonattainment, to track these emissions over time, and to ensure that

control strategies are being implemented that reduce emissions and move

areas towards attainment. Section 182(b) of the Act, 42 U.S.C.

7511a(b)(1), requires States with O3 NAAs designated as moderate,

serious, severe, and extreme to submit a plan within 3 years of 1990 to

reduce VOC emissions by 15 percent with 6 years after 1990. The

baseline level of emissions, from which the 15 percent reduction is

calculated, is determined by adjusting the base year inventory to

exclude biogenic emissions and to exclude certain emission reductions

not creditible towards the 15 percent. The 1990 base year emissions

inventory is the primary inventory from which the periodic inventory,

the Reasonable Further Progress (RFP) projection inventory, and the

modeling inventory are derived. See General Preamble to title I, 57 FR

13502 (April 16, 1992). Further information on these inventories and

their purpose can be found in the ``Emission Inventory Requirements for

Ozone State Implementation Plans,'' U.S. Environmental Protection

Agency, Office of Air Quality Planning and Standards, Research Triangle

Park, North Carolina, (March 1991).

The air quality planning requirements for marginal to extreme

O3 NAAs are set out in section 182(a)-(e) of the Act. The General

Preamble to title I of the 1990 Amendments to the Act describes the

bases for reviewing SIP revisions submitted under title I of the 1990

Amendments, including requirements for the preparation of the 1990 base

year inventories. See 57 FR 13502 (April 16, 1992) and 57 FR 18070

(April 28, 1992). A more detailed discussion of the interpretations of

title I of the 1990 Amendments to the Act, as well as detailed policy

guidance on the development of the emission inventory is contained in

the General Preamble. See 57 FR 18070, appendix B (April 28, 1992).

Those States containing O3 NAAs classified as marginal to

extreme are required under section 182(a)(1) of the Act to submit a

final, comprehensive, accurate, and current inventory of the actual

O3 season and weekday emissions from all sources within 2 years of

enactment (November 15, 1992). The inventory must include both

anthropogenic (man-made) and biogenic (natural) sources of volatile

organic compound (VOC), nitrogen oxides (NOX), and carbon monoxide

(CO). The inventory is to address actual VOC, NOX, and CO

emissions for the area during peak O3 season, which is generally

comprised of the summer months. All stationary point and area sources,

as well as highway mobile sources within the nonattainment area, are to

be included in the compilation. Available guidance for preparing

emission inventories is provided in the General Preamble. See 57 FR

13498 (April 16, 1992).

Summary of the SIP Revision and Criteria for This Action

A. Procedural Background

USEPA must determine whether a submittal is complete and therefore

warrants further USEPA review and action. See section 110(k)(1) and 57

FR 13565 (April 16, 1992). USEPA's completeness criteria for SIP

submittals are set out at 40 CFR part 51, appendix V (1991), as amended

by 57 FR 42216 (August 26, 1991). USEPA attempts to make completeness

determinations within 60 days of receiving a submission. However, a

submittal is deemed complete by operation of law if a completeness

determination is not made by USEPA 6 months after receipt of the

submission.

USEPA reviewed Wisconsin's emission inventory to determine

completeness shortly after its submittal, in accordance with the

completeness criteria set out at 40 CFR part 51, appendix V (1991), as

amended by 57 FR 42216 (August 26, 1991). USEPA found the January 15,

1993, submittal to be complete on March 16, 1993, and sent a letter

dated March 24, 1993 to the Governor indicating the completeness of the

submittal and the next steps to be taken in the review process.

The Act requires States to observe certain procedural requirements

in developing emission inventory submissions to USEPA. Section

110(a)(2) of the Act provides that each emission inventory submitted by

a State must be adopted after reasonable notice and public hearing.\1\

Section 110(a)(2) of the Act similarly provides that each revision to

an implementation plan submitted by a State under the Act must be

adopted by such State after reasonable notice and public hearing.\2\

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\1\Also, section 172(c)(7) of the Act requires that plan

provisions for nonattainment areas meet the applicable provisions of

section 110(a)(2).

\2\Memorandum from John Calcagni, Director, Air Quality

Management Division, and William Laxton, Director, Technical Support

Division, to Regional Air Directors, Region I-X, ``Public Hearing

Requirements for 1990 Base-Year Emission Inventories for Ozone and

Carbon Monoxide Nonattainment Areas,'' (September 29, 1992).

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The State of Wisconsin held public hearings on January 12 and 13,

1993, to hear public comment on the 1990 base year emission inventory

for all six areas in Wisconsin designated nonattainment for O3.

Following the public hearing, the inventory was adopted by the State

and signed by the Governor's Designee, Donald F. Theiler, Director,

Bureau of Air Management, Wisconsin Department of Natural Resource

(WDNR) on January 15, 1993, and submitted to USEPA as a formal request

for revision to the SIP.

WDNR sent supplemental information to USEPA on July 21, 1993 and

December 10, 1993, in response to USEPA's preliminary comments on the

inventory.

When reviewing the final inventory, USEPA used the Level I, II, and

III, O3 nonattainment inventory quality review checklists provided

by the OAQPS to determine the acceptance and approvability of the final

emission inventory.

USEPA's initial Level I review determined whether the basic

inventory requirements set forth in the ``Emission Inventory

Requirements for Ozone State Implementation Plans,'' EPA-450/4-91-010

(March 1991) were present. The Level II review evaluated the emission

inventory in more detail expanding on many of the questions found in

the Level I review for each of the four general source types:

stationary point and area sources, highway and non-highway (or non-

road) mobile sources. USEPA's Level II review evaluated the level of

supporting documentation provided by the State for completeness,

procedures and consistency for each of the emission source types

according to current USEPA guidance, as well as data quality. A more

detailed discussion of USEPA's Level I and II review findings are

presented in the TSD.\3\

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\3\See USEPA guidance document, ``Quality Review Guidelines for

1990 Base Year Emissions Inventories,'' Office of Air Quality

Planning and Standards (OAQPS), Research Triangle Park, NC, August

1992.

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The Level III review process outlined below consists of ten points

that the inventory must include.\4\ For a base year emission inventory

to be approvable it must pass all the following acceptance criteria:

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\4\Memorandum from John S. Seitz, Director, Office of Air

Quality Planning and Standards, to Regional Air Division Directors,

Region I-X, ``Emission Inventory Issues,'' June 24, 1993.

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1. An approved Inventory Preparation Plan (IPP) was provided and

the Quality Assurance (QA) Program contained in the IPP implemented was

performed and its implementation documented.

2. Adequate documentation was provided that enabled the reviewer to

determine the estimation procedures and data sources used to develop

the inventory.

3. The point source inventory must be complete.

4. Point source emissions must have been prepared or calculated

according to USEPA guidance.

5. The area source inventory must be complete.

6. The area source emissions must have been prepared or calculated

according to USEPA guidance.

7. Biogenic emissions must have been prepared according to current

EPA guidance or another approved technique.

8. The method (e.g., Highway Performance Monitoring System (HPMS)

or a network transportation planning model) used to develop VMT

estimates must follow EPA guidance, which is detailed in the document,

``Procedures for Emission Inventory Preparation, Volume IV: Mobile

Sources'', U.S. Environmental Protection Agency, Office of Mobile

Sources and Office of Air Quality Planning and Standards, Ann Arbor,

Michigan, and Research Triangle Park, North Carolina, December 1992.

The VMT development methods were adequately described and documented in

the inventory report.

9. The MOBILE model (or EMFAC model for California only) was

correctly used to produce emission factors for each of the vehicle

classes.

10. Non-road mobile emissions were prepared according to current

EPA guidance for all of the source categories.

Based on USEPA's level III review findings, WDNR has satisfied all

of USEPA's requirements for purposes of providing a comprehensive,

accurate, and current inventory of actual emissions in the O3 NAA.

A summary of USEPA's Level III findings is given below:

1. The IPP and QA program have been approved and implemented. These

were approved by a August 28, 1992, letter from Gary Gulezian, Region 5

to Larry Bruss, WDNR.

2. The documentation was adequate for all emission types

(stationary point and area sources, and mobile sources) for the

reviewer to determine the estimation procedures and data sources used

to develop the inventory.

3. The point source inventory was found to be complete.

4. The point source emissions were estimated according to USEPA

guidance.

5. The area source inventory was found to be complete.

6. The area source emissions were estimated according to USEPA

guidance.

7. The biogenic emissions were estimated using the BIOgenic Model

for Emissions (BIOME), an equivalent technique approved by USEPA.

8. The method used to development VMT estimates was adequately

described and documented.

9. The MOBILE model was used correctly.

10. The non-road mobile emission estimates were correctly prepared

according to current EPA guidance.

B. Emission Inventory

The State of Wisconsin has met the requirements of section

182(a)(1) of the Act by submitting a O3 SIP revision that includes

a comprehensive, accurate, and current inventory of actual emissions

from all sources of relevant pollutants in the NAAs, classified

marginal to extreme. This section of the notice describes the adequacy

of Wisconsin's inventory of actual emissions as required by section

182(a)(1).

The State of Wisconsin Department of Natural Resources (WDNR)

submitted a 1990 base year emission inventory for six areas designated

nonattainment for O3. Wisconsin's six areas designated

nonattainment for O3 include a total of eleven (11) counties:

Walworth (marginal), and Door (rural transport) counties; Kewaunee,

Manitowoc, and Sheboygan counties (moderate); and the Milwaukee area

which include the counties of Washington, Ozaukee, Waukesha, Milwaukee,

Racine, and Kenosha (severe). The nonattainment boundaries for these

areas are described in Federal Register notices dated November 6, 1991

(56 FR 56852), and November 30, 1992 (57 FR 56778).

The emissions inventory contains stationary point and area sources,

highway and non-highway (or non-road) mobile source, and biogenic

sources within the NAA. Emissions from these groupings of emission

source types for the six O3 NAAs are presented below in the

following tables, by pollutant (VOC, CO, and NOX), in units of

tons per summer weekday:

VOC Emissions From All sources--Tons/Summer Weekday

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Highway Non-road

Point Area mobile mobile Total

Ozone NAA source source emissions emissions Biogenic emissions

emissions emissions

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Door.......................................... 0.00 5.62 2.35 4.24 26.02 38.23

Kewaunee...................................... 0.86 1.76 1.33 0.83 20.97 25.75

Manitowoc..................................... 1.16 8.82 5.71 2.54 33.69 51.92

Sheboygan..................................... 6.74 9.69 6.11 3.07 26.76 52.37

Milwaukee..................................... 40.38 133.39 147.22 39.86 68.98 429.83

Walworth...................................... 1.51 7.59 8.16 3.99 11.06 32.31

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Total Emissions......................... 50.65 166.87 170.88 54.53 187.48 630.14

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Daily CO Emissions From All Sources--Tons/Summer Weekday

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Non-road

Point Area Highway mobile Total

Ozone NAA source source mobile emissions emissions

emissions emissions emissions

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Door................................................. 0.00 1.8 18.56 20.53 40.17

Kewaunee............................................. 0.02 0.66 9.02 4.66 14.36

Manitowoc............................................ 1.16 2.50 51.58 15.95 71.19

Sheboygan............................................ 10.51 3.42 52.47 19.17 85.57

Milwaukee............................................ 20.26 35.52 976.31 300.12 1,332.21

Walworth............................................. 0.19 2.15 64.39 22.35 89.08

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Total Emissions................................ 32.14 45.33 1172.33 382.78 1,632.58

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Daily NOX Emissions From All Sources--Tons/Summer Weekday

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Highway Non-road

Point Area mobile mobile Total

Ozone NAA source source emissions emissions emissions

emissions emissions

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Door..................................................... 0.00 0.33 4.20 1.45 5.98

Kewaunee................................................. 0.03 0.14 1.85 0.93 2.95

Manitowoc................................................ 3.20 0.98 11.48 3.84 19.50

Sheboygan................................................ 56.35 1.37 11.12 5.20 74.04

Milwaukee................................................ 130.51 19.09 111.98 42.15 303.73

Walworth................................................. 0.54 0.78 8.19 3.68 13.19

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Total Emissions.................................... 190.63 22.69 148.82 57.25 419.39

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In developing of these emission estimates, WDNR closely followed

methodologies recommended by USEPA for the preparation of O3

inventories. A more detailed discussion of how emission estimates were

derived for the above groupings of emission source type is presented in

the supporting TSD and inventory documentation.

II. Final Rulemaking Action

USEPA approved the 1990 base year O3 emission inventory as

meeting the requirements of section 182(a)(1) of the Act, as a revision

to the O3 State Implementation Plan (SIP) for all areas in

Wisconsin designated as nonattainment, classified marginal to extreme.

These areas include counties of the Walworth, Door, Kewaunee,

Manitowoc, Sheboygan, and the six county Milwaukee area (which includes

Washington, Ozaukee, Waukesha, Milwaukee, Racine, and Kenosha).

Because USEPA considers this action noncontroversial and routine,

we are approving it without prior proposal. This action will become

effective on August 15, 1994. However, if we receive adverse comments

by July 15, 1994, then USEPA will publish:

(1) A document that withdraws the action; and

(2) Address the comments received in a subsequent final rule based

on the proposal for approval of the requested SIP revision in the

proposed rules section of this Federal Register. The public comment

period will not be extended or reopened.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et al., USEPA

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, USEPA may certify that the rule will not have a

significant economic 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.

The SIP approvals under section 110 and subchapter I, part D, of

the 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 small entities affected.

Moreover, due to the nature of the Federal-State relationship under the

Act, preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

Act forbids USEPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976).

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225). On January 6, 1989 the OMB waived

Table 2 and Table 3 SIP revisions (54 FR 2222) from the requirements of

section 3 of Executive Order 12291 for a period of 2 years. The USEPA

has submitted a request for a permanent waiver for Table 2 and 3 SIP

revisions. The OMB has agreed to continue the waiver until such time of

USEPA's request. This request continues in effect under Executive Order

12866 which superseded Executive Order 12291, on September 30, 1993.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to any SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, Ozone, Volatile organic compounds.

Dated: May 11, 1994.

Michelle D. Jordan,

Acting Regional Administrator.

40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart YY--Wisconsin

2. Section 52.2585 is amended by adding paragraph (e) to read as

follows:

Sec. 52.2585 Control strategy: Ozone.

* * * * *

(e) Approval--On January 15, 1993, the Wisconsin Department of

Natural Resources submitted a revision to the ozone State

Implementation Plan for the 1990 base year inventory. The inventory was

submitted by the State of Wisconsin to satisfy Federal requirements

under section 182(a)(1) of the Clean Air Act as amended in 1990 (the

Act), as a revision to the ozone State Implementation Plan (SIP) for

all areas in Wisconsin designated nonattainment, classified marginal to

extreme. These areas include counties of Walworth, Door, Kewaunee,

Manitowoc, Sheboygan, and the six county Milwaukee area (counties of

Washington, Ozaukee, Waukesha, Milwaukee, Racine, and Kenosha).

* * * * *

[FR Doc. 94-14533 Filed 6-14-94; 8:45 am]

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