Approval and Promulgation of State Implementation Plan; Wisconsin; Rate-of-Progress and Contingency Plans

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI64-01-7169a; FRL-5437-3]

Approval and Promulgation of State Implementation Plan;

Wisconsin; Rate-of-Progress and Contingency Plans

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: In this action, USEPA is approving a revision to the Wisconsin

State Implementation Plan (SIP) for the purpose of satisfying the rate-

of-progress and contingency plan requirements of the Clean Air Act

(Act) which will aid in ensuring the attainment of the national ambient

air quality (NAAQS) for ozone.

DATES: This ``direct final'' rule will be effective May 21, 1996,

unless USEPA receives adverse or critical comments by April 22, 1996.

If the effective date is delayed, timely notice will be published in

the Federal Register.

ADDRESSES: Comments may be mailed to: Carlton T. Nash, United States

Environmental Protection Agency, Region 5, Air and Radiation Division,

Air Programs Branch (AR-18J), 77 West Jackson Boulevard, Chicago,

Illinois, 60604.

Copies of the documents relevant to this action are available at

the above address for public inspection during normal business hours.

FOR FURTHER INFORMATION CONTACT: Brad J. Beeson at (312) 353-4779.

SUPPLEMENTARY INFORMATION:

I. Background

On November 15, 1990, Congress enacted amendments to the 1977 Clean

Air Act (CAA); Public Law 101-549, 104 Stat. 2399, codified at 42

U.S.C. 7401-7671q. Section 182(b)(1) of the CAA requires all ozone

nonattainment areas classified as moderate and above to submit a SIP

revision by November 15, 1993, which describes, in part, how these

areas will achieve an actual emissions reduction of at least 15 percent

during the first 6 years after enactment of the CAA (November 15,

1996). Emissions and emissions reductions shall be calculated on a

typical weekday basis for the ``peak'' 3-month ozone period (generally

June through August).

The 15 percent VOC emissions reduction required by November 15,

1996 is defined within this document as ``rate-of-progress.''

Furthermore, the portion of the SIP revision that illustrates the plan

for the achievement of the emissions reduction is subsequently defined

in this document as the ``rate-of-progress plan.''

In addition, section 172(c)(9) requires moderate and above areas to

adopt contingency measures by November 15, 1993. The General Preamble

states that the contingency measures generally must provide reductions

of 3 percent of the emissions from the adjusted base year inventory.

While all contingency measures must be fully adopted rules or measures,

the State can use these measures in 2 different ways. The State can use

its discretion to implement any contingency measures it wants before

1996. Alternatively, the State may decide not to implement a measure

until the area has failed to either make rate-of-progress or attain the

national ambient air quality standards (NAAQS). In that situation, the

reductions must be achieved in the year following that in which the

failure has been identified.

II. Wisconsin's SIP Submittal

The Act requires States to observe certain procedural requirements

in developing implementation plans and plan revisions for submission to

USEPA. Section 110(a)(2) of the Act provides that each implementation

plan submitted by a State must be adopted after reasonable notice and

public hearing. Section 110(l) 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.

The State of Wisconsin held a public hearing on October 14, 1993,

to receive public comment on the implementation plan for their moderate

and above ozone nonattainment areas. Following the public hearing the

plan was adopted by the State Natural Resources Board and signed by the

Governor's designee, George Meyer on September 9, 1993, and submitted

to USEPA on November 15, 1993 as a proposed revision to the SIP.

The SIP revision was reviewed by USEPA 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). Because neither plan included fully adopted

rules for all the measures listed in the plans, these submittals were

deemed incomplete.

On July 13, 1995, the State made a supplemental submittal which

included fully adopted rules for both the rate-of-progress and

contingency plan. On July 18, the State's SIP submittal was deemed

complete.

III. The USEPA's Analysis of Wisconsin's Rate-of-Progress and

Contingency Plans

The USEPA has reviewed the State's submittal for consistency with

the requirements of USEPA regulations. A summary of USEPA's analysis is

provided below. More detailed support for approval of the State's

submittal is contained in a Technical Support Document (TSD), dated

January 10, 1996, which is available from the Region 5 Office, listed

above.

A. Accurate Emission Inventory

Sections 172(c)(3) and 182(b)(1) of the Act require that

nonattainment plan provisions include a comprehensive, accurate,

current inventory of actual emissions from all sources of relevant

pollutants in the nonattainment area. Because the approval of such

inventories is necessary to an area's rate-of-progress plan and

attainment demonstration, the emission inventory must be approved prior

to or with the rate-of-progress plan submission.

On June 15, 1994, USEPA approved Wisconsin's base year inventory.

Therefore, Wisconsin has a comprehensive, accurate, current inventory

of actual emissions from all sources of relevant pollutants in the

nonattainment area.

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B. Calculation of the Adjusted Base Year Inventory

The Act specifies the emission baseline from which the 15 percent

reduction is calculated. This baseline value is termed the 1990

adjusted base year inventory. Section 182(b)(1)(D) excludes from the

baseline the emissions that would be eliminated by Federal Motor

Vehicle Control Program (FMVCP) regulations promulgated by January 1,

1990, and Reid vapor pressure (RVP) regulations (55 FR 23666, June 11,

1990), which require maximum RVP limits in nonattainment areas during

the peak ozone season.

The adjusted base year inventory is determined by starting with the

emission inventory, and then removing all biogenic emissions as well as

emissions from sources located outside of the designated nonattainment

boundary. The resulting inventory is termed the rate-of-progress base

year inventory. The rate-of-progress base year inventory is then

adjusted by removing the expected FMVCP and RVP reductions in order to

derive the adjusted base year inventory.

Wisconsin used USEPA's MOBILE5a emission factor model to correctly

calculate its adjusted base year inventory. Wisconsin's documentation

includes the actual 1990 motor vehicle emissions using 1990 vehicle

miles traveled (VMT) and MOBILE5a emission factors, and the adjusted

emissions using 1990 VMT and the MOBILE emission factors in calendar

year 1996 with the appropriate RVP for the nonattainment area as

mandated by USEPA. The plan includes adequate information on how the

MOBILE5a model was run to calculate the expected emission reductions

from FMVCP and RVP.

As specified by the Act, section 182(b)(1)(B), preenactment banked

emission credits were not included in any of Wisconsin's inventories.

Provided below is a tabular summary of the emission inventories

calculated above.

------------------------------------------------------------------------

Tons

Emissions inventory per day

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A. 1990 Base Year Emission Inventory........................... 559.9

B. 1990 Rate-of-Progress Inventory............................. 409.5

C. Emission Reductions from the pre-1990 FMVCP and Phase II RVP

expected by 1996.............................................. 70.2

D. 1990 Adjusted Base Year Inventory (B-C)..................... 339.3

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C. Required Reductions

The adjusted base year inventory is multiplied by 0.15 to calculate

the amount of the required rate-of-progress emission reduction. The

amount of reductions necessary to meet the contingency plan requirement

is 3 percent of the adjusted base year inventory. Therefore the

adjusted base year inventory is multiplied by 0.03 to calculate the

amount of required reductions for the contingency plan requirement.

Shown below is a table summarizing the amount of required

reductions for the rate-of-progress and contingency plans.

------------------------------------------------------------------------

Tons

Inventory per day

------------------------------------------------------------------------

1990 Adjusted Base Year Inventory.............................. 339.3

Reduction for Rate-of-Progress Requirement..................... 50.9

Reduction for Contingency Requirement.......................... 10.2

------------------------------------------------------------------------

Therefore, to meet the rate-of-progress requirement, Wisconsin's

plan must provide for at least a 50.9 tons per day (tpd) reduction, net

of growth, in VOC emissions. In addition, to meet the contingency

requirement, the State's plan must provide for at least a 10.2 tpd

reduction, net of growth, in VOC emissions.

Under section 182(b)(1)(D) of the Act, the following reductions are

not creditable towards the rate-of-progress reductions: (1) FMVCP

regulations promulgated by January 1, 1990; (2) RVP regulations; (3)

RACT corrections; and (4) inspection and maintenance (I/M) corrections.

Thus, the total expected reductions comprise the amount of reductions

necessary to meet the rate-of-progress requirement and the expected

reductions from the four noncreditable programs just described.

Wisconsin has documented the correct amount for the total expected

reductions in the nonattainment area by showing each step, discussing

any assumptions made, and stating the origin of the number used in the

calculations.

D. Projected Emission Inventory

Emission projections for sources within an air basin are needed to

determine if the rate-of-progress requirements in the Act are met and

to determine if the area will attain the NAAQS by the applicable

attainment date. The purpose of projecting the emission inventories

into the future is not solely to predict what is likely to happen, but

also to test the ability of the regulations in the control strategy to

meet the rate-of-progress goals and attain the ozone NAAQS.

Growth factors are not included in the calculations of the 1990

adjusted base year inventory or the 1996 target. Growth factors are

needed, however, to project emissions to 1996 for the rate-of-progress

demonstration as part of the rate-of-progress plan.

Wisconsin has included growth factors documenting assumptions made.

The State's calculations for growth in the on-road mobile, industrial,

and area source sectors is 11.6, 0.5, and 2.1 tpd respectively. These

growth estimations were calculated in a manner consistent with USEPA's

guidance.

E. Control Measures

The revision submitted by the State lists a series of control

measures projected to achieve a 63.8 tpd reduction in VOC emissions.

See the table below for list of the measures and their associated

reductions.

------------------------------------------------------------------------

Expected Implemented

Control measure reductions by Nov. 1996

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On road mobile sector:

94-96 tailpipe and evaporative............. 0.72

I/M and RFG (severe counties).............. 34.06

I/M (Sheboygan County)....................... 0.98

ECO.......................................... 1.57

Federal detergent additive rule.............. 0.57

RFG--Class C (moderate counties)............. 1.50

RFG--Class B (severe counties)...............

5.66

Industrial Sector

Wood furniture coating....................... 2.38

Misc. wood product coating................... 0.91

[[Page 11737]]

Yeast manufacturing.......................... 0.73

Screen printing controls..................... 0.12

Foundries--gray iron and steel............... 0.06

Industrial adhesives......................... 0.21

Lithography.................................. 0.58

Degreasing...................................

2.01

Area Sources

AIM coatings................................. 3.77

Autobody refinishing......................... 2.91

RFG (off-road)............................... 1.56

Federal non-road engine standards............ 0.87

Stage II vapor recovery...................... 7.70

Traffic markings............................. 3.62

Gas station tank breathing................... 0.91

Consumer and commercial products............. 2.80

------------------------------------------------------------------------

F. Rate-of-Progress and Contingency Plan Demonstrations

Overall, a State's rate-of-progress and contingency plans must

provide for an 18 percent reduction in VOC emissions, of which rules

for 15 percent must be implemented by November 15, 1996. For Wisconsin

this means that at a minimum the State's plan must provide for a 61.1

tpd reduction in VOCs, of which at least 50.9 tpd of these reductions

must be achieved by November 15, 1996.

The State's plan provides for a 62.0 tpd reduction, net of growth,

in VOCs of which 54.8 tpd will be accomplished by November 15, 1996.

For measures not implemented by 1996, Wisconsin's SIP clearly states

the trigger mechanisms, a schedule of the implementation of the

measures, and an indication that the measures will be implemented with

no further action by the State or USEPA (e.g., additional rulemaking

actions such as public hearings or legislative review). Therefore the

State's plan meets the minimum program requirements.

G. Enforceability Issues

All measures and other elements in the SIP must be enforceable by

the State and USEPA (see sections 172(c)(6), 110(a)(2)(A) of the Act,

and 57 FR 13556). The USEPA criteria addressing the enforceability of

SIP's and SIP revisions were stated in a September 23, 1987 memorandum

(with attachments) from J. Craig Potter, Assistant Administrator for

Air and Radiation (see 57 FR 13541). Nonattainment area plan provisions

must also contain a program that provides for enforcement of the

control measures and other elements in the SIP [see section

110(a)(2)(C) of the Act].

Each rule has been or will be independently reviewed and approved

by USEPA as part of the State's SIP. Part of this review process

includes a review of the enforceability of the rule. Rules that are not

enforceable will not be approved by USEPA.

H. Concluding Statement

The USEPA has reviewed Wisconsin's rate-of-progress and contingency

plan SIP revisions submitted to USEPA as described above. The materials

contained in these SIP revisions represent an acceptable approach to

the rate-of-progress and contingency plan requirements and meet all the

criteria required for approvability.

IV. Action

The USEPA approves Wisconsin's rate-of-progress and contingency

plan SIP submittals. With this action, USEPA incorporates Wisconsin's

rate-of-progress and contingency plan SIP revision into the SIP, making

them federally enforceable.

For the purposes of transportation conformity determinations, final

approval of this rate-of-progress plan revision would eliminate the

need for a build/no-build test for VOC for the 1996 analysis year.

However, for analysis years later than 1996, conformity determinations

addressing VOC must demonstrate consistency with this plan revision's

motor vehicle emissions budget, consistency with the VOC motor vehicle

emissions budget in the submitted (but not yet approved) attainment

demonstration (if any), and satisfaction of the build/no-build test

(until the attainment demonstration is approved). Final approval of

this rate-of-progress plan revision would not eliminate the need for a

build/no-build test for NOX for the 1996 analysis year.

Because USEPA considers this action noncontroversial and routine,

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

effective on May 21, 1996. However, if we receive significant adverse

comments by April 22, 1996, USEPA will publish a notice that modifies

or withdraws this action.

V. Miscellaneous.

A. Applicability to Future SIP Decisions

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. The USEPA 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.

B. Executive Order 12866

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 has exempted

this regulatory action from E.O. 12866 review.

C. Regulatory Flexibility.

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

This approval does not create any new requirements. Therefore, I

certify that this action does not have a significant impact on any

small entities

[[Page 11738]]

affected. Moreover, due to the nature of the Federal-State relationship

under the Act, preparation of the regulatory flexibility analysis would

constitute Federal inquiry into the economic reasonableness of the

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).

D. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, USEPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to state, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under Section 205, USEPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires USEPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

The USEPA has determined that the approval action promulgated today

does not include a Federal mandate that may result in estimated costs

of $100 million or more to either state, local, or tribal governments

in the aggregate, or to the private sector.

This Federal action approves pre-existing requirements under state

or local law, and imposes no new Federal requirements. Accordingly, no

additional costs to state, local, or tribal governments, or the private

sector, result from this action.

E. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by May 21, 1996. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review, nor does

it extend the time within which a petition for judicial review may be

filed and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Dated: January 26, 1996.

Valdas V. Adamkus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

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

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

Subpart YY--Wisconsin

2. Section 52.2570 is amended by adding paragraph (c)(87) to read

as follows:

Sec. 52.2570 Identification of plan.

* * * * *

(c) * * *

(91) The State of Wisconsin requested a revision to the Wisconsin

State Implementation Plan (SIP). This revision is for the purpose of

satisfying the rate-of-progress requirement of section 182(b) and the

contingency measure requirement of section 172(c)(9) of the Clean Air

Act (Act) which will aid in ensuring the attainment of the national

ambient air quality standard (NAAQS) for ozone.

(i) Incorporation by reference.

(A) Wisconsin Statutes, sections 144.31(1)(e) and (f), enacted on

April 30, 1992, by Wisconsin Act 302.

[FR Doc. 96-6779 Filed 3-21-96; 8:45 am]

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