Approval and Promulgation of Implementation Plans Wisconsin

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI66-01-7242; FRL-5861-8]

Approval and Promulgation of Implementation Plans Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency is temporarily delaying

the ozone attainment date for Manitowoc County from 1996 to 2007. This

action suspends the automatic reclassification of Manitowoc County from

moderate to serious nonattainment. Final approval of the new attainment

date is dependent upon the results of an attainment demonstration for

both upwind and downwind areas. Wisconsin is working toward completion

of this attainment demonstration (which is due in mid-1997 for the Lake

Michigan States) in conjunction with Illinois, Indiana, and Michigan,

following the Phase I/Phase II Ozone Transport Assessment Group

approach outlined in EPA's March 2, 1995 guidance memorandum from Mary

Nichols entitled ``Ozone Attainment Demonstrations''.

In this rulemaking, EPA is responding to Wisconsin's submittal of

an overwhelming transport petition for Manitowoc County. Photochemical

grid modeling was used to demonstrate that transport from upwind areas

makes it ``practicably impossible'' for the county to attain the ozone

National Ambient Air Quality Standard (NAAQS) by its original

attainment date. EPA's action does not preclude the State of Wisconsin

from submitting a request for redesignation to attainment for the

county, based on three current years of clean air quality monitoring

data.

DATES: This final rule will become effective on August 22, 1997.

ADDRESSES: Copies of the State's submittal and other information are

available for inspection during normal business hours at the following

location:

Regulation Development Section, Air Programs Branch (AR-18J), United

States Environmental Protection Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Rick Tonielli, Air Programs Branch,

Regulation Development Section (AR-18J), United States Environmental

Protection Agency, Region 5, Chicago, Illinois 60604, (312) 886-6068.

[[Page 39447]]

SUPPLEMENTARY INFORMATION:

I. Background

On November 15, 1994, the Wisconsin Department of Natural Resources

submitted a petition to the EPA requesting temporary suspension of the

automatic reclassification to serious nonattainment and delay of the

attainment date (from 1996 to 2007) for three ozone moderate

nonattainment counties (Manitowoc, Sheboygan, and Kewaunee). On May 15,

1996, the WDNR submitted a request for redesignation to attainment for

the three moderate nonattainment areas based on 3 years of clean air

quality data. On August 26, 1996, the counties of Sheboygan and

Kewaunee were redesignated to attainment (61 FR 43668-43675). Manitowoc

County was not redesignated to attainment due to violations of the

ozone national ambient air quality standard (NAAQS) during the summer

of 1996. As a result, the overwhelming transport request was applied

solely to Manitowoc County.

On May 5, 1997, EPA published a rulemaking proposing approval of

the overwhelming transport petition for Manitowoc County. A discussion

of EPA's overwhelming transport policy and the modeling submitted by

Wisconsin to demonstrate overwhelming transport is included in that

proposed rulemaking (62 FR 24380-24383). During the 30 day public

comment period for this final rule, EPA received adverse comments from

a private party, who took the position that EPA should redesignate

Manitowoc County to attainment.

II. Public Comment/EPA Response

Private Citizen Comment 1

Manitowoc County does not generate the air quality recorded at the

Woodland Dunes ozone monitoring site.

EPA Response

EPA's overwhelming transport policy applies to areas which are

violating the ozone NAAQS due to emissions occurring upwind. Wisconsin

has demonstrated through photochemical grid modeling that overwhelming

transport of ozone and its precursors into Manitowoc County is

occurring; further, Wisconsin has shown that eliminating emissions in

Manitowoc County would not bring the area into attainment. For this

reason, EPA is taking action in this notice to grant a temporary delay

of the attainment date for Manitowoc County from the end of 1996 to the

end of the year 2007. Because the attainment date is no longer the end

of 1996, EPA has no basis to reclassify Manitowoc to a serious

nonattainment area for failure to attain by the end of 1996. This will

mean that the automatic regulatory requirements that would otherwise be

applied to Manitowoc County were it reclassified to serious will not be

implemented.

Private Citizen Comment 2

If the Woodland Dunes monitor was moved inland, the area would meet

the requirements for attainment.

EPA Response

The ozone monitor at the Woodland Dunes site is part of the

Photochemical Assessment Monitoring Station (PAMS) network. Its

location was chosen to establish the extreme downwind concentrations of

ozone and its precursors being transported from the Milwaukee

metropolitan area. The high concentrations measured at this site are

representative of the ozone being transported into this downwind area.

As mentioned previously, Wisconsin has verified through modeling that

overwhelming transport is occurring.

Elevated concentrations are seen on high ozone days at the Woodland

Dunes monitor; as the commenter points out, these concentrations are

typically higher than those seen at the Manitowoc County inland monitor

at the Collins Fire Tower. Ozone concentration measurements are needed

from monitors along the lakeshore as well as inland to generate the

information needed by EPA and Wisconsin to design strategies to reduce

ozone and protect public health.

III. Final Action

The State submittal demonstrated through modeling that emissions

from the Manitowoc County moderate nonattainment area do not contribute

to the predicted concentrations in that area. It further demonstrated

that the high modeled concentrations are due to transport from upwind

areas. Therefore, Manitowoc County could not demonstrate modeled

attainment of the Ozone National Ambient Air Quality Standards by the

required attainment date, November 15, 1996, due to overwhelming

transport from upwind areas that have a later attainment date of

November 15, 2007. Because the upwind areas (e.g., Chicago and

Milwaukee) do not have approved modeling analyses demonstrating that

the Manitowoc County moderate nonattainment area could show attainment

by a specific date, EPA approves Wisconsin's request to temporarily

allow the Manitowoc County moderate nonattainment area to use the

upwind area's attainment date of November 15, 2007. This action does

not preclude the State from submitting a request for redesignation to

attainment for Manitowoc County based on the 3 most recent years of

clean air quality monitoring data. Approval of a permanent delay of the

attainment date will be dependent on the results of the attainment

demonstration for both the upwind and downwind areas, along with the

additional provisions detailed in part II(B) of the attachment to the

September 1, 1994, guidance memorandum.

IV. General Provisions

Nothing in this action should be construed as permitting, 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.

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, Acting Assistant

Administrator for Air and Radiation. The Office of Management and

Budget has exempted this regulatory action from Executive Order 12866

review.

Regulatory Process

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 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.

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 economic impact on any small

entities.

Under sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995, 2 U.S.C. 1532, 1533, and 1535, EPA must undertake various

actions in association with proposed or final rules that include a

Federal mandate that may result in estimated costs of $100 million or

more to the private sector, or to State,

[[Page 39448]]

local, or tribal governments in the aggregate.

Through submission of the state implementation plan or plan

revisions approved in this section, the State has elected to adopt the

program provided for under section 110 of the Clean Air Act. The rules

and commitments being approved under this section may bind State,

local, and tribal governments to perform certain actions and also may

ultimately lead to the private sector being required to perform certain

duties. To the extent that the rules and commitments being approved by

this action will impose or lead to the imposition of any mandate upon

the State, local, or tribal governments either as the owner or operator

of a source or as a regulator, or would impose or lead to the

imposition of any mandate upon the private sector, EPA's action will

impose no new requirements; such sources are already subject to these

requirements under State law. Accordingly, no additional costs to

State, local, or tribal governments, or to the private sector, result

from this action. The EPA has also determined that this action does not

include a mandate that may result in estimated costs of $100 million or

more to State, local, or tribal governments in the aggregate or to the

private sector. Approval of Wisconsin's emissions inventories does not

impose any new requirements or have a significant economic impact on

small entities.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by September 22, 1997. 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)).

Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of this rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Ozone, Volatile

organic compounds, Nitrogen oxides.

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

Dated: July 9, 1997.

David A. Ullrich,

Acting Regional Administrator.

Parts 52 and 81 of chapter I, title 40 of the Code of Federal

Regulations are 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 52.2585 is amended by adding paragraph (l) to read as

follows:

Sec. 52.2585 Control strategy: Ozone.

* * * * *

(l) Wisconsin's November 15, 1994 request for a temporary delay of

the ozone attainment date for Manitowoc County from 1996 to 2007 and

suspension of the automatic reclassification of Manitowoc County to

serious nonattainment for ozone is approved, based on Wisconsin's

demonstration through photochemical grid modeling that transport from

upwind areas makes it ``practicably impossible'' for the County to

attain the ozone National Ambient Air Quality Standard by its original

attainment date.

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

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

2. In Section 81.350, the ``Wisconsin--Ozone'' table is amended by

revising the entry for Manitowoc County to read as follows:

Sec. 81.350 Wisconsin

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Wisconsin--Ozone

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Designation Classification

Designated area -----------------------------------------------------------------------------------------------------------------

Date \1\ Type Date \1\ Type

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* * * * * * *

Manitowoc County Area................. 1/6/92 Nonattainment...................... Aug. 22, 1997...................... Moderate.\2\

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\1\ This date is November 15, 1990, unless otherwise noted.

\2\ Attainment date temporarily delayed until November 15, 2007.

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[FR Doc. 97-19394 Filed 7-22-97; 8:45 am]

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