[Federal Register Volume 61, Number 57 (Friday, March 22, 1996)]
[Rules and Regulations]
[Pages 11735-11738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6779]
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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.
[[Page 11736]]
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]
BILLING CODE 6560-50-P
