# Approval and Promulgation of Implementation Plan; Wisconsin > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-14533 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** June 15, 1994 ## Text 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. ----------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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: --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- Highway Non-road Point Area mobile mobile Total Ozone NAA source source emissions emissions Biogenic emissions emissions emissions ---------------------------------------------------------------------------------------------------------------- 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 ----------------------------------------------------------------- Total Emissions......................... 50.65 166.87 170.88 54.53 187.48 630.14 ---------------------------------------------------------------------------------------------------------------- Daily CO Emissions From All Sources--Tons/Summer Weekday ---------------------------------------------------------------------------------------------------------------- Non-road Point Area Highway mobile Total Ozone NAA source source mobile emissions emissions emissions emissions emissions ---------------------------------------------------------------------------------------------------------------- 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 ---------------------------------------------------------- Total Emissions................................ 32.14 45.33 1172.33 382.78 1,632.58 ---------------------------------------------------------------------------------------------------------------- Daily NOX Emissions From All Sources--Tons/Summer Weekday ---------------------------------------------------------------------------------------------------------------- Highway Non-road Point Area mobile mobile Total Ozone NAA source source emissions emissions emissions emissions emissions ---------------------------------------------------------------------------------------------------------------- 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 ------------------------------------------------------ Total Emissions.................................... 190.63 22.69 148.82 57.25 419.39 ---------------------------------------------------------------------------------------------------------------- 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] BILLING CODE 6560-50-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-14533. Public record. Not legal advice.