[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Proposed Rules]
[Pages 6727-6743]
[FR Doc No: 2012-2989]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2009-0730; FRL-9629-2]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Wisconsin; Redesignation of
the Milwaukee-Racine and Sheboygan Areas to Attainment for 1997 8-Hour
Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve requests from the Wisconsin
Department of Natural Resources (WDNR) to redesignate the Milwaukee-
Racine and Sheboygan areas to attainment for the 1997 8-hour ozone
standard, because the requests meet the statutory requirements for
redesignation under the Clean Air Act (CAA or Act). The Milwaukee-
Racine area includes Milwaukee, Ozaukee, Racine, Washington, Waukesha,
and Kenosha Counties. The Sheboygan area includes Sheboygan County.
WDNR submitted these requests on September 11, 2009, and supplemented
the submittal on November 16, 2011. This proposed approval also
involves several related actions. EPA is proposing to approve, as
revisions to the Wisconsin State Implementation Plan (SIP), the state's
plans for maintaining the 1997 8-hour ozone National Ambient Air
Quality Standard (NAAQS or standard) through 2022 in the above-
mentioned areas. EPA is also proposing to approve the 2005
comprehensive emissions inventories for the Milwaukee-Racine and
Sheboygan areas as meeting the requirements of the CAA. Finally, EPA
finds adequate and is proposing to approve the state's 2015 and 2022
Motor Vehicle Emission Budgets (MVEBs) for the Milwaukee-Racine and
Sheboygan areas.

DATES: Comments must be received on or before March 12, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0730, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Doug Aburano, Chief, Attainment Planning and Maintenance
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand delivery: Doug Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, 18th floor, Chicago,
Illinois 60604. Such deliveries are only accepted during the Regional
Office normal hours of operation, and special arrangements should be
made for deliveries of boxed information. The Regional Office official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0730. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to Section I of this document,
``What Should I Consider as I Prepare My Comments for EPA?''
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Kathleen D'Agostino, Environmental
Engineer, at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental

Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

Table of Contents

I. What should I consider as I prepare my comments for EPA?
II. What actions is EPA proposing to take?
III. What is the background for these actions?
    A. What is the general background information?
    B. What are the impacts of the December 22, 2006, and June 8,
2007, United States Court of Appeals decisions regarding EPA's Phase
1 Implementation Rule?
IV. What are the criteria for redesignation to attainment?
V. What is EPA's analysis of the State's request?
    A. Redesignation
    B. Adequacy of Wisconsin's MVEBs
    C. 2005 Comprehensive Emissions Inventory
VI. Summary of Actions
VII. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. What actions is EPA proposing to take?

    EPA is proposing to determine that the Milwaukee-Racine and
Sheboygan ozone nonattainment areas have met the requirements for
redesignation under section 107(d)(3)(E) of the CAA. EPA is thus
proposing to approve Wisconsin's requests to change the legal
designations of the Milwaukee-Racine and Sheboygan areas from
nonattainment to attainment for the 1997 8-hour ozone NAAQS. EPA is
also proposing to approve Wisconsin's maintenance plan SIP revisions
for the Milwaukee-Racine and Sheboygan areas (such approval being one
of the CAA criteria for redesignation to attainment status). The
maintenance plans are designed to keep the Milwaukee-Racine and
Sheboygan areas in attainment of the ozone NAAQS through 2022. EPA is
proposing to approve the 2005 comprehensive emissions inventories for
the Milwaukee-Racine and Sheboygan areas as meeting the requirements of
section 182(a)(1) of the CAA. Finally, EPA is proposing to approve the
newly-established 2015 and 2022 MVEBs for the Milwaukee-Racine and
Sheboygan areas. The adequacy comment period for the MVEBs began on
December 6, 2011, with EPA's posting of the availability of the
submittal on EPA's Adequacy Web site (at http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm). The adequacy comment period for
these MVEBs ended on January 5, 2012. EPA did not receive any requests
for this submittal, or adverse comments on this submittal during the
adequacy comment period. See section V. B. of this rulemaking,
``Adequacy of Wisconsin's MVEBs,'' for further explanation on this
process. Therefore, EPA finds adequate, and is proposing to approve,
the state's 2015 and 2022 MVEBs for use in future transportation
conformity analyses for the areas.

III. What is the background for these actions?

A. What is the general background information?

    Ground-level ozone is not emitted directly by sources. Rather,
emissions of nitrogen oxides (NOX) and volatile organic
compounds (VOCs) react in the presence of sunlight to form ground-level
ozone. NOX and VOCs are referred to as precursors of ozone.
    The CAA establishes a process for air quality management through
the NAAQS. Before promulgation of the 8-hour standard, the ozone NAAQS
was based on a 1-hour standard. On November 6, 1991 (56 FR 56693 and
56852), the Milwaukee-Racine and Sheboygan areas were designated as
severe and moderate nonattainment areas, respectively, under the 1-hour
ozone NAAQS. The Sheboygan area was subsequently redesignated to
attainment of the 1-hour standard on August 26, 1996 (61 FR 43675).
Although the Milwaukee-Racine area was monitoring attainment of the 1-
hour ozone standard by the end of the 2005 ozone season, at the time
EPA revoked the 1-hour ozone NAAQS, on June 15, 2005, the Milwaukee-
Racine area was never redesignated as attainment under the 1-hour ozone
NAAQS.
    On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone
standard of 0.08 parts per million parts (ppm). On April 30, 2004 (69
FR 23857), EPA published a final rule designating and classifying areas
under the 8-hour ozone NAAQS. These designations and classifications
became effective June 15, 2004. EPA designated as nonattainment any
area that was violating the 8-hour ozone NAAQS based on the three most
recent years of air quality data, 2001-2003.
    The CAA contains two sets of provisions, subpart 1 and subpart 2,
that address planning and control requirements for nonattainment areas.
(Both are found in title I, part D, 42 U.S.C. 7501-7509a and 7511-
7511f, respectively.) Subpart 1 contains general requirements for
nonattainment areas for any pollutant, including ozone, governed by a
NAAQS. Subpart 2 provides more specific requirements for ozone
nonattainment areas.
    Under EPA's implementation rule for the 1997 8-hour ozone standard,
(69 FR 23951, April 30, 2004), an area was classified under subpart 2
based on its 8-hour ozone design value,\1\ if it had a 1-hour design
value at the time of designation at or above 0.121 ppm (the lowest 1-
hour design value in Table 1 of subpart 2) (69 FR 23954). All other
areas were covered under subpart 1, based upon their 8-hour design
values (69 FR 23958). The Milwaukee-Racine and Sheboygan areas were
designated as subpart 2, 8-hour ozone moderate nonattainment areas by
EPA on April 30, 2004 (69 FR 23857 and 23947) based on air quality
monitoring data from 2001-2003 (69 FR 23860).
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    \1\ To determine the 8-hour design value for an area, the three-
year average of the fourth-highest daily maximum 8-hour average
ozone concentration is calculated for each monitor within an area.
The highest three-year average is the design value for the area.
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    40 CFR 50.10 and appendix I of 40 CFR part 50 provide that the 8-
hour ozone standard is attained when the three-year average of the
annual fourth-highest daily maximum 8-hour average ozone concentration
is less than or equal to 0.08 ppm, when rounded. The data completeness
requirement is met when the average percent of days with

valid ambient monitoring data is greater than 90 percent, and no single
year has less than 75 percent data completeness. See 40 CFR part 50,
appendix I, 2.3(d).
    WDNR submitted requests to redesignate the Milwaukee-Racine and
Sheboygan areas to attainment for the 1997 8-hour ozone standard on
September 11, 2009, and supplemented the request on November 16, 2011.
Complete, quality-assured and certified data for the 2006-2008, 2007-
2009, and 2008-2010 time periods indicate the 8-hour NAAQS for ozone,
as promulgated in 1997, has been attained for the Milwaukee-Racine and
Sheboygan areas. In addition, available monitoring data for 2011
continue to show the areas in attainment of the standard. Under the
CAA, nonattainment areas may be redesignated to attainment if
sufficient complete, quality-assured data are available for the
Administrator to determine that the area has attained the standard, and
the area meets the other CAA redesignation requirements in section
107(d)(3)(E).
    On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour
ozone standard of 0.075 ppm. EPA has not yet designated areas under the
2008 standard. The actions addressed in this proposed rulemaking relate
only to the 1997 8-hour ozone standard.

B. What are the impacts of the December 22, 2006, and June 8, 2007,
United States Court of Appeals decisions regarding EPA's Phase 1
Implementation Rule?

1. Summary of Court Decision
    On December 22, 2006, in South Coast Air Quality Management Dist.
v. EPA, the U.S. Court of Appeals for the District of Columbia (DC
Circuit) vacated EPA's Phase 1 Implementation Rule for the 1997 8-hour
Ozone Standard (69 FR 23951, April 30, 2004). 472 F.3d 882 (D.C. Cir.
2006). On June 8, 2007, in response to several petitions for rehearing,
the DC Circuit clarified that the Phase 1 Rule was vacated only with
regard to those parts of the rule that had been successfully
challenged. Id., Docket No. 04 1201. Therefore, several provisions of
the Phase 1 Rule remain effective: Provisions related to
classifications for areas currently classified under subpart 2 of title
I, part D, of the CAA as 8-hour nonattainment areas; the 8-hour
attainment dates; and the timing for emissions reductions needed for
attainment of the 8-hour ozone NAAQS. The June 8, 2007, decision also
left intact the court's rejection of EPA's reasons for implementing the
8-hour standard in certain nonattainment areas under subpart 1 in lieu
of subpart 2. By limiting the vacatur, the D.C. Circuit let stand EPA's
revocation of the 1-hour standard and those anti-backsliding provisions
of the Phase 1 Rule that had not been successfully challenged.
    The June 8, 2007, decision reaffirmed the December 22, 2006,
decision that EPA had improperly failed to retain four measures
required for 1-hour nonattainment areas under the anti-backsliding
provisions of the regulations: (1) Nonattainment area New Source Review
(NSR) requirements based on an area's 1-hour nonattainment
classification; (2) Section 185 penalty fees for 1-hour severe or
extreme nonattainment areas; (3) measures to be implemented pursuant to
section 172(c)(9) or 182(c)(9) of the Act, on the contingency of an
area not making reasonable further progress toward attainment of the 1-
hour NAAQS, or for failure to attain that NAAQS; and (4) certain
transportation conformity requirements for certain types of Federal
actions. The June 8, 2007, decision clarified that the court's
reference to conformity requirements was limited to requiring the
continued use of 1-hour motor vehicle emissions budgets until 8-hour
budgets were available for 8-hour conformity determinations.
    This section sets forth EPA's views on the potential effect of the
Court's rulings on this proposed redesignation action. For the reasons
set forth below, EPA does not believe that the court's rulings alter
any requirements relevant to this redesignation action so as to
preclude redesignation or prevent EPA from proposing or ultimately
finalizing this redesignation. EPA believes that the D.C. Circuit's
December 22, 2006, and June 8, 2007, decisions impose no impediment to
moving forward with redesignation of this area to attainment, because
even in light of the court's decisions, redesignation is appropriate
under the relevant redesignation provisions of the CAA and longstanding
policies regarding redesignation requests.
2. Requirements Under the 8-Hour Ozone Standard
    With respect to the 1997 8-hour standard, the Milwaukee-Racine and
Sheboygan areas are classified under subpart 2. The June 8, 2007,
opinion clarifies that the court did not vacate the Phase 1 Rule's
provisions with respect to classifications for areas under subpart 2.
The court's decision therefore upholds EPA's classifications for those
areas classified under subpart 2 for the 8-hour ozone standard.
3. Requirements Under the 1-Hour Ozone Standard
a. Milwaukee-Racine Area
    In its June 8, 2007 decision the D.C. Circuit limited its vacatur
so as to uphold those provisions of the anti-backsliding requirements
that were not successfully challenged. Therefore, an area must meet the
anti-backsliding requirements which apply by virtue of the area's
classification for the 1-hour ozone standard. See 40 CFR 51.900, et
seq.; 70 FR 30592, 30604 (May 26, 2005). As set forth in more detail
below, the area must also address four additional anti-backsliding
provisions identified by the court in its decisions.
    The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe 1-
hour ozone standard requirements that continue to apply after
revocation of the 1-hour ozone NAAQS to former 1-hour ozone
nonattainment areas. 40 CFR 51.905(a)(1)(i) provides that:

    The area remains subject to the obligation to adopt and
implement the applicable requirements as defined in section
51.900(f), except as provided in paragraph (a)(1)(iii) of this
section, and except as provided in paragraph (b) of this section.

40 CFR 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005),
states that:

    Applicable requirements means for an area the following
requirements to the extent such requirements apply or applied to the
area for the area's classification under section 181(a)(1) of the
CAA for the 1-hour NAAQS at designation for the 8-hour NAAQS:
    (1) Reasonably available control technology (RACT).
    (2) Inspection and maintenance programs (I/M).
    (3) Major source applicability cut-offs for purposes of RACT.
    (4) Rate of Progress (ROP) reductions.
    (5) Stage II vapor recovery.
    (6) Clean fuels fleet program under section 182(c)(4) of the
CAA.
    (7) Clean fuels for boilers under section 182(e)(3) of the
CAA.\2\
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    \2\ Applies only to areas classified as extreme; therefore, not
a requirement for the Milwaukee-Racine area.
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    (8) Transportation Control Measures (TCMs) during heavy traffic
hours as provided section 182(e)(4) of the CAA.\2\
    (9) Enhanced (ambient) monitoring under section 182(c)(1) of the
CAA.
    (10) Transportation controls under section 182(c)(5) of the CAA.
    (11) Vehicle miles traveled provisions of section 182(d)(1) of
the CAA.
    (12) NOX requirements under section 182(f) of the
CAA.
    (13) Attainment demonstration or an alternative as provided
under Sec.  51.905(a)(1)(ii).

Pursuant to 40 CFR 51.905(c), the Milwaukee-Racine area is subject to
the

obligations set forth in 40 CFR 51.905(a) and 40 CFR 51.900(f).
    In addition, the D.C. Circuit held that EPA should have retained
four additional measures in its anti-backsliding provisions: (1)
Nonattainment area NSR; (2) section 185 penalty fees; (3) contingency
measures under section 172(c)(9) or 182(c)(9) of the Act; and (4) 1-
hour MVEBs that were not yet replaced by 8-hour emissions budgets. EPA
has addressed these four requirements as follows:
    With respect to NSR, EPA has determined that an area being
redesignated need not have an approved nonattainment NSR program,
provided that the state demonstrates maintenance of the standard in the
area without part D NSR in effect. The rationale for this view is
described in a memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation, dated October 14, 1994, entitled, ``Part D New
Source Review Requirements for Areas Requesting Redesignation to
Attainment.'' This policy assumes that the state's PSD program will
become effective in the area immediately upon redesignation to
attainment. Consequently EPA concludes that an approved NSR program is
not an applicable requirement for purposes of redesignation. See the
more detailed explanations in the following rulemakings: Detroit,
Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-Akron-Lorrain,
Ohio (61 FR 20458, 20469-70, May 7, 1996); Louisville, Kentucky (66 FR
53665, 53669, October 23, 2001); Grand Rapids, Michigan (61 FR 31831,
31836-31837, June 21, 1996). Furthermore, EPA approved Wisconsin's NSR
program on January 18, 1995 (60 FR 3538), February 6, 2006 (71 FR
5979), March 8, 2006 (71 FR 55062) and May 16, 2006 (71 FR 28274).
    With regard to the requirement for section 185 source penalty fees,
the Milwaukee-Racine area was classified as severe nonattainment under
the 1-hour standard and is, therefore, subject to this requirement. EPA
approved an excess VOC emissions fee rule for the Milwaukee-Racine area
on June 25, 2002 (67 FR 42729). On April 24, 2009 (74 FR 18641), EPA
published a final rule making a determination that the Milwaukee-Racine
area had attained the 1-hour ozone standard and confirming that this
finding of attainment relieved Wisconsin of the obligation to adopt
section 185 source penalty fee regulations for this area.
    With respect to the 1-hour MVEBs that were not yet replaced by 8-
hour emissions budgets, the conformity portion of the court's June 8,
2007 ruling clarified that, for those areas with MVEBs for the 1-hour
ozone standard, anti-backsliding requires that these MVEBs be used for
8-hour conformity determinations until replaced by MVEBs for the 8-hour
ozone standard. To meet this requirement, conformity determinations in
such areas must comply with the applicable requirements of EPA's
conformity regulations at 40 CFR part 93. Note below that EPA is
proposing to find adequate and approve 8-hour MVEBs established by
Wisconsin's 8-hour ozone maintenance plans for the Milwaukee and
Sheboygan areas.
    With respect to the contingency measure requirements under sections
172(c)(9) and 182(c)(9) of the CAA, these requirements must be
addressed in state ozone Reasonable Further Progress (RFP) and
attainment demonstration plans. Wisconsin addressed these requirements
in the 1-hour ozone RFP and attainment demonstration plans for the
Milwaukee-Racine area by adopting and implementing extra VOC and
NOX emission controls that go beyond the emission reductions
needed for RFP and attainment of the 1-hour ozone standard. EPA
approved these ozone control plans, including their contingency
elements as follows: VOC 15 percent RFP plan, March 22, 1996 (61 FR
11735); post-1996 RFP plan, November 10, 2001 (66 FR 51572); and 1-hour
ozone attainment demonstration and post-1999 RFP plan, November 13,
2001 (66 FR 56931). Therefore, Wisconsin has met the contingency
measure requirements of sections 172(c)(9) and 182(c)(9) of the CAA for
the 1-hour ozone standard.
b. Sheboygan Area
    With respect to the 1-hour standard requirements, the Sheboygan
area was an attainment area subject to a CAA section 175A maintenance
plan under the 1-hour standard. The D.C. Circuit's decisions do not
impact redesignation requests for these types of areas, except to the
extent that the court, in its June 8, 2007, decision, clarified that
for those areas with 1-hour MVEBs in their maintenance plans, anti-
backsliding provisions require that those 1-hour budgets must be used
for 8-hour conformity determinations until replaced by 8-hour budgets.
All conformity determinations must comply with the applicable
requirements of EPA's conformity regulations at 40 CFR part 93.
    With respect to the three other anti-backsliding provisions for the
1-hour standard that the court found were not properly retained, the
Sheboygan area is an attainment area subject to a maintenance plan for
the 1-hour standard, and the nonattainment NSR, contingency measures
(pursuant to section 172(c)(9) or 182(c)(9)), and fee provision
requirements no longer apply to an area that has been redesignated to
attainment of the 1-hour standard.
    Thus the decision in South Coast should not alter requirements that
would preclude EPA from proposing or finalizing the redesignations of
these areas.

IV. What are the criteria for redesignation to attainment?

    The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) allows for
redesignation provided that: (1) The Administrator determines that the
area has attained the applicable NAAQS; (2) the Administrator has fully
approved the applicable implementation plan for the area under section
110(k); (3) the Administrator determines that the improvement in air
quality is due to permanent and enforceable reductions in emissions
resulting from implementation of the applicable SIP and applicable
Federal air pollutant control regulations and other permanent and
enforceable reductions; (4) the Administrator has fully approved a
maintenance plan for the area as meeting the requirements of section
175A; and, (5) the state containing such area has met all requirements
applicable to the area under section 110 and part D.
    EPA provided guidance on redesignation in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990 on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070). EPA has provided further guidance on processing
redesignation requests in the following documents:
    ``Ozone and Carbon Monoxide Design Value Calculations,'' Memorandum
from William G. Laxton, Director Technical Support Division, June 18,
1990;
    ``Maintenance Plans for Redesignation of Ozone and Carbon Monoxide
Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, April 30, 1992;
    ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
    ``Procedures for Processing Requests to Redesignate Areas to
Attainment,''

Memorandum from John Calcagni, Director, Air Quality Management
Division, September 4, 1992;
    ``State Implementation Plan (SIP) Actions Submitted in Response to
Clean Air Act (ACT) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
    ``Technical Support Documents (TSD's) for Redesignation Ozone and
Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
    ``State Implementation Plan (SIP) Requirements for Areas Submitting
Requests for Redesignation to Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On or
After November 15, 1992,'' Memorandum from Michael H. Shapiro, Acting
Assistant Administrator for Air and Radiation, September 17, 1993;
    ``Use of Actual Emissions in Maintenance Demonstrations for Ozone
and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, Acting
Director, Air Quality Management Division, to Air Division Directors,
Regions 1-10, November 30, 1993.
    ``Part D New Source Review (part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and
    ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, May 10, 1995.

V. What is EPA's analysis of the State's request?

A. Redesignation

    EPA is proposing to determine that the Milwaukee-Racine and
Sheboygan areas have met all applicable redesignation criteria under
CAA section 107(d)(3)(E). The bases for EPA's proposed approval of the
redesignation requests are as follows:
1. The Areas Have Attained the 1997 8-Hour Ozone NAAQS. (Section
107(d)(3)(E)(i))
    On March 1, 2011 (76 FR 11080), EPA determined that the Milwaukee-
Racine and Sheboygan areas have attained the 1997 8-hour ozone NAAQS
based on monitoring data for 2006-2008 and 2007-2009, and 2008-2010
time periods. An area may be considered to be attaining the 1997 8-hour
ozone NAAQS if there are no violations, as determined in accordance
with 40 CFR 50.10 and 40 CFR part 50, appendix I, based on three
complete, consecutive calendar years of quality-assured air quality
monitoring data. To attain this standard, the three-year average of the
fourth-highest daily maximum 8-hour average ozone concentrations
measured at each monitor within an area over each year must not exceed
0.08 ppm. Based on the rounding convention described in 40 CFR part 50,
appendix I, the standard is attained if the design value is 0.084 ppm
or below. The data must be collected and quality-assured in accordance
with 40 CFR part 58, and recorded in EPA's Air Quality System (AQS).
The monitors generally should have remained at the same location for
the duration of the monitoring period required for demonstrating
attainment.
    All 2006-2010 monitoring data have been quality-assured in
accordance with 40 CFR 58.10, recorded in the AQS database, and
certified. The data meet the completeness criteria in 40 CFR 50,
appendix I, which requires a minimum completeness of 75 percent
annually and 90 percent over each three-year period. Monitoring data is
presented in Table 1 below. In addition, available preliminary
monitoring data for 2011 continue to show the areas in attainment of
the standard.

    Table 1--Annual 4th High Daily Maximum 8-Hour Ozone Concentrations and Three-Year Averages of 4th High Daily Maximum 8-Hour Ozone Concentrations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              2006     2007     2008     2009     2010
                                                                              4th      4th      4th      4th      4th    2006-2008  2007-2009  2008-2010
              Area                       County              Monitor          high     high     high     high     high    average    average    average
                                                                             (ppm)    (ppm)    (ppm)    (ppm)    (ppm)     (ppm)      (ppm)      (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee-Racine................  Kenosha............  Pleasant Prairie 55-   0.079    0.085    0.072    0.071    0.081      0.078      0.076      0.074
                                                        059-0019.
                                  Milwaukee..........  16th St. HC 55-079-    0.064    0.067    0.059    0.066    0.065      0.063      0.064      0.063
                                                        0010.
                                                       WDNR SERHQ 55-079-     0.068    0.075    0.063    0.067    0.076      0.068      0.068      0.068
                                                        0026.
                                                       UWM-North 55-079-      0.073    0.078    0.065    0.068      n/a      0.072      0.070        n/a
                                                        0041.
                                                       Bayside 55-079-0085    0.073    0.083    0.069    0.072    0.082      0.075      0.074      0.074
                                  Ozaukee............  Grafton 55-089-0008    0.071    0.082    0.064    0.067    0.075      0.072      0.071      0.068
                                                       Harr. Beach 55-089-    0.072    0.084    0.067    0.070    0.078      0.074      0.073      0.071
                                                        0009.
                                  Racine.............  Racine 55-101-0017.    0.071    0.077    0.065    0.071    0.078      0.071      0.071      0.071
                                  Washington.........  Slinger 55-131-0009    0.066    0.071    0.060    0.065    0.064      0.065      0.065      0.063
                                  Waukesha...........  Waukesha 55-133-       0.067    0.072    0.060    0.059    0.062      0.066      0.063      0.060
                                                        0027.
Sheboygan.......................  Sheboygan..........  Kohler Andre Park      0.083    0.088    0.075    0.074    0.085      0.082      0.079      0.078
                                                        55-117-0006.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In addition, as discussed below with respect to the maintenance
plan, WDNR has committed to continue to operate an EPA-approved
monitoring network in the areas. WDNR will continue to quality assure
monitoring data in accordance with 40 CFR part 58 and enter all data
into the AQS in accordance with Federal guidelines. In summary, EPA
believes that the data provide an adequate demonstration that the
Milwaukee-Racine and Sheboygan areas have attained and continue to
attain the 8-hour ozone NAAQS.
2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D; and the Area Has a Fully Approved SIP Under Section 110(k).
(Sections 107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
    We are proposing to determine that Wisconsin has met all currently
applicable SIP requirements for

purposes of redesignation of the Milwaukee-Racine and Sheboygan areas
to attainment of the 1997 8-hour ozone standard under section 110 and
part D of the CAA, in accordance with section 107(d)(3)(E)(v). We are
also proposing to determine that the Wisconsin SIP, with the exception
of the comprehensive emission inventory and certain VOC RACT rules, is
fully approved with respect to all applicable requirements for purposes
of redesignation to attainment of the 1997 8-hour ozone standard, in
accordance with section 107(d)(3)(E)(ii) of the CAA. As discussed
below, in this action EPA is proposing to approve Wisconsin's 2005
comprehensive emissions inventory as meeting the comprehensive
emissions inventory requirement of section 182(a)(1) for the areas. EPA
is taking action on the Wisconsin VOC RACT regulations in a separate
rule.
    Recognizing that the comprehensive emissions inventory and VOC RACT
rules must be approved on or before we complete final rulemaking
approving the redesignation requests, we determine here that, assuming
that this occurs, Wisconsin will have met all applicable section 110
and part D SIP requirements of the CAA for purposes of approval of
Wisconsin's ozone redesignation requests for the Milwaukee-Racine and
Sheboygan areas. In making these determinations, we have ascertained
what SIP requirements are applicable to the area for purposes of
redesignation, and have determined that the portions of the SIP meeting
these requirements are fully approved or will be fully approved under
section 110(k) of the CAA by the time we complete final rulemaking on
Wisconsin's ozone redesignation requests for the Milwaukee-Racine and
Sheboygan areas. As discussed more fully below, SIPs must be fully
approved only with respect to currently applicable requirements of the
CAA.
    The September 4, 1992, Calcagni memorandum (see ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992) describes EPA's interpretation of section
107(d)(3)(E) of the CAA. Under this interpretation, a state and the
area it wishes to redesignate must meet the relevant CAA requirements
that are due prior to the state's submittal of a complete redesignation
request for the area. See also the September 17, 1993, Michael Shapiro
memorandum and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of
Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone NAAQS).
Applicable requirements of the CAA that come due subsequent to the
state's submittal of a complete request remain applicable until a
redesignation to attainment is approved, but are not required as a
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to
attainment of the 1-hour ozone NAAQS).
    Since EPA determined that the areas have attained the 1997 8-hour
ozone standard, under 40 CFR 51.918, the requirements to submit certain
planning SIPs related to attainment, including attainment demonstration
requirements (the reasonably available control measure (RACM)
requirement of section 172(c)(1) of the CAA, the RFP and attainment
demonstration requirements of sections 172(c)(2) and (6) and 182(b)(1)
of the CAA, and the requirement for contingency measures of section
172(c)(9) of the CAA) are not applicable to the areas as long as they
continue to attain the NAAQS and will cease to apply upon
redesignation. In addition, in the context of redesignations, EPA has
interpreted requirements related to attainment as not applicable for
purposes of redesignation. For example, in the General Preamble EPA
stated that:

[t]he section 172(c)(9) requirements are directed at ensuring RFP
and attainment by the applicable date. These requirements no longer
apply when an area has attained the standard and is eligible for
redesignation. Furthermore, section 175A for maintenance plans * * *
provides specific requirements for contingency measures that
effectively supersede the requirements of section 172(c)(9) for
these areas. ``General Preamble for the Interpretation of Title I of
the Clean Air Act Amendments of 1990,'' (General Preamble) 57 FR
13498, 13564 (April 16, 1992).

See also Calcagni memorandum at 6 (``The requirements for reasonable
further progress and other measures needed for attainment will not
apply for redesignations because they only have meaning for areas not
attaining the standard.'').
a. The Milwaukee-Racine and Sheboygan Areas Have Met All Applicable
Requirements Under Section 110 and Part D of the CAA for Purposes of
Redesignation
i. Section 110 General SIP Requirements
    Section 110(a) of title I of the CAA contains the general
requirements for a SIP. Section 110(a)(2) provides that the
implementation plan submitted by a state must have been adopted by the
state after reasonable public notice and hearing, and that, among other
things, it includes enforceable emission limitations and other control
measures, means or techniques necessary to meet the requirements of the
CAA; provides for establishment and operation of appropriate devices,
methods, systems and procedures necessary to monitor ambient air
quality; provides for implementation of a source permit program to
regulate the modification and construction of any stationary source
within the areas covered by the plan; includes provisions for the
implementation of part C, PSD, and part D, NSR permit programs;
includes criteria for stationary source emission control measures,
monitoring, and reporting; includes provisions for air quality
modeling; and provides for public and local agency participation in
planning and emission control rule development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address transport of
air pollutants, e.g., the NOX SIP Call.\3\ However, the
section 110(a)(2)(D) requirements for a state are not linked with a
particular nonattainment area's designation and classification. EPA
believes that the requirements linked with a particular nonattainment
area's designation and classification are the relevant measures to
evaluate in reviewing a redesignation request. The transport SIP
submittal requirements, where applicable, continue to apply to a state
regardless of the designation of any one particular area in the state.
Thus, we believe that these requirements should not be construed to be
applicable requirements for purposes of redesignation.
---------------------------------------------------------------------------

    \3\ On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP call requiring the District of Columbia and 22
states to reduce emissions of NOX in order to reduce the
transport of ozone and ozone precursors. Wisconsin was not included
in EPA's NOX SIP call.
---------------------------------------------------------------------------

    Further, we conclude that the other section 110 elements described
above that are not connected with nonattainment plan submissions and
not linked with an area's attainment status are also not applicable
requirements for purposes of redesignation. A state remains subject to
these requirements after an area is redesignated to attainment. We
conclude that only the section 110 and part D requirements which are
linked with a particular area's designation and

classification are the relevant measures which we may consider in
evaluating a redesignation request. This approach is consistent with
EPA's existing policy on applicability of conformity and oxygenated
fuels requirements for redesignation purposes, as well as with section
184 ozone transport requirements. See Reading, Pennsylvania, proposed
and final rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR
24826, May 7, 1997); Cleveland-Akron-Lorain, Ohio, final rulemaking (61
FR 20458, May 7, 1996); and Tampa, Florida, final rulemaking (60 FR
62748, December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio 1-hour ozone redesignation (65 FR 37890, June 19,
2000), and in the Pittsburgh, Pennsylvania 1-hour ozone redesignation
(66 FR 50399, October 19, 2001).
    We have reviewed Wisconsin's SIP and have concluded that it meets
the general SIP requirements under section 110 of the CAA, to the
extent those requirements are applicable for purposes of redesignation.
EPA has previously approved provisions of the Wisconsin SIP addressing
section 110 elements under the 1-hour ozone standard (40 CFR 52.2570).
Further, in submittals dated December 12, 2007, January 24, 2011, and
March 28, 2011, Wisconsin confirmed that the state continues to meet
the section 110 requirements for the 8-hour ozone standard. EPA
approved some elements of this Wisconsin submittal on July 13, 2011, at
76 FR 41075. The requirements of section 110(a)(2), however, are
statewide requirements that are not linked to the 8-hour ozone
nonattainment status of the Milwaukee-Racine and Sheboygan areas.
Therefore, EPA concludes that these infrastructure SIP elements are not
applicable requirements for purposes of review of the state's 8-hour
ozone redesignation request.
ii. Part D Requirements
    EPA has determined that, if EPA finalizes the approval of the 2005
comprehensive emissions inventory, discussed in section V.C. of this
rulemaking, and the VOC RACT submittal, discussed below under the
heading ``Subpart 2 Section 182(a) and (b) Requirements,'' the
Wisconsin SIP will meet the SIP requirements applicable for purposes of
redesignation under part D of the CAA for the Milwaukee-Racine and
Sheboygan areas. Subpart 1 of part D, found in sections 172-176 of the
CAA, sets forth the basic nonattainment requirements applicable to all
nonattainment areas. Subpart 2 of part D, which includes section 182 of
the CAA, establishes additional specific requirements depending on the
area's nonattainment classification.
    The Milwaukee-Racine and Sheboygan areas were classified as
moderate areas under subpart 2. Therefore, the state must meet the
applicable requirements of both subpart 1 and subpart 2 of part D. The
applicable subpart 1 requirements are contained in sections 172(c)(1)-
(9) and in section 176. The applicable subpart 2 requirements are
contained in sections 182(a) and (b) (marginal and moderate
nonattainment area requirements).
    Subpart 1 Section 172 Requirements. For purposes of evaluating this
redesignation request, the applicable section 172 SIP requirements for
the Milwaukee-Racine and Sheboygan areas are contained in sections
172(c)(1)-(9). A thorough discussion of the requirements contained in
section 172 can be found in the General Preamble for Implementation of
Title I (57 FR 13498, April 16, 1992).
    Section 172(c)(1) requires the plans for all nonattainment areas to
provide for the implementation of all RACM as expeditiously as
practicable and to provide for attainment for the national primary
ambient air quality standards. EPA interprets this requirement to
impose a duty on all states containing nonattainment areas to consider
all available control measures and to adopt and implement such measures
as are reasonably available for implementation in each area as
components of the area's attainment demonstration. Because attainment
has been reached in the Milwaukee-Racine and Sheboygan areas, no
additional measures are needed to provide for attainment and section
172(c)(1) requirements are no longer considered to be applicable as
long as the area continues to attain the standard until redesignation.
See 40 CFR 51.918.
    The RFP requirement under section 172(c)(2) is defined as progress
that must be made toward attainment. This requirement is not relevant
for purposes of redesignation because the Milwaukee-Racine and
Sheboygan areas have demonstrated monitored attainment of the 1997 8-
hour ozone NAAQS. (General Preamble, 57 FR 13564). See also 40 CFR
51.918. In addition, because the Milwaukee-Racine and Sheboygan areas
have attained the ozone NAAQS and are no longer subject to an RFP
requirement, the section 172(c)(9) contingency measures are not
applicable for purposes of redesignation. Id.
    Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. This
requirement was superseded by the inventory requirement in section
182(a)(1) discussed below.
    Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources in an
area, and section 172(c)(5) requires source permits for the
construction and operation of new and modified major stationary sources
anywhere in the nonattainment area. EPA approved Wisconsin's current
NSR program on December 17, 2008 (73 FR 76558 and 76560). Nonetheless,
EPA has determined that, since PSD requirements will apply after
redesignation, areas being redesignated need not comply with the
requirement that a NSR program be approved prior to redesignation,
provided that the area demonstrates maintenance of the NAAQS without
part D NSR. A more detailed rationale for this view is described in a
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled, ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.''
Wisconsin has demonstrated that the Milwaukee-Racine and Sheboygan
areas will be able to maintain the standard without part D NSR in
effect; therefore, EPA concludes that the state need not have a fully
approved part D NSR program prior to approval of the redesignation
request. The state's PSD program will become effective in the
Milwaukee-Racine and Sheboygan areas upon redesignation to attainment.
See rulemakings for Detroit, Michigan (60 FR 12467-12468, March 7,
1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7,
1996); Louisville, Kentucky (66 FR 53665, October 23, 2001); and Grand
Rapids, Michigan (61 FR 31834-31837, June 21, 1996).
    Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the standard. Because attainment
has been reached, no additional measures are needed to provide for
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we believe the
Wisconsin SIP meets the requirements of section 110(a)(2) for purposes
of redesignation.
    Subpart 1, Section 176 Conformity Requirements.
    Section 176(c) of the CAA requires states to establish criteria and

procedures to ensure that Federally-supported or funded activities,
including highway projects, conform to the air quality planning goals
in the applicable SIPs. The requirement to determine conformity applies
to transportation plans, programs and projects developed, funded or
approved under title 23 of the U.S. Code and the Federal Transit Act
(transportation conformity) as well as to all other Federally-supported
or funded projects (general conformity). State conformity revisions
must be consistent with Federal conformity regulations relating to
consultation, enforcement, and enforceability, which EPA promulgated
pursuant to CAA requirements.
    EPA interprets the conformity SIP requirements as not applying for
purposes of evaluating the redesignation request under section 107(d)
for two reasons. First, the requirement to submit SIP revisions to
comply with the conformity provisions of the CAA continues to apply to
areas after redesignation to attainment, since such areas would be
subject to a section 175A maintenance plan. Second, EPA's Federal
conformity rules require the performance of conformity analyses in the
absence of Federally-approved state rules. Therefore, because areas are
subject to the conformity requirements regardless of whether they are
redesignated to attainment and, because they must implement conformity
under Federal rules if state rules are not yet approved, it is
reasonable to view these requirements as not applying for purposes of
evaluating a redesignation request. See Wall v. EPA, 265 F.3d 426 (6th
Cir. 2001), upholding this interpretation. See also 60 FR 62748, 62749-
62750 (Dec. 7, 1995) (Tampa, Florida).
    EPA approved Wisconsin's general and transportation conformity SIPs
on July 29, 1996 (61 FR 39329) and August 27, 1996 (61 FR 43970),
respectively. Wisconsin has submitted onroad motor vehicle budgets for
the Milwaukee-Racine area of 21.08 tons per day (tpd) and 15.98 tpd VOC
and 51.22 tpd and 31.91 tpd NOX for the years 2015 and 2022,
respectively. Wisconsin has submitted onroad motor vehicle budgets for
the Sheboygan area of 2.024 tpd and 1.615 tpd VOC and 4.321 tpd and
2.778 tpd NOX for the years 2015 and 2022, respectively. The
areas must use the MVEBs from the maintenance plan in any conformity
determination that is effective on or after the effective date of the
maintenance plan approval.
    Subpart 2 Section 182(a) and (b) Requirements.
    Comprehensive Emissions Inventory. Section 182(a)(1) requires the
submission of a comprehensive emissions inventory. As part of
Wisconsin's redesignation request for the Milwaukee-Racine and
Sheboygan areas, the state submitted a 2005 comprehensive emissions
inventory. As discussed below in section V.C., EPA is proposing to
approve the 2005 inventory as meeting the section 182(a)(1)
comprehensive emissions inventory requirement.
    Emissions Statements. EPA approved Wisconsin's emission statement
SIP, as required by section 182(a)(3)(B), on December 6, 1993 (58 FR
64155).
    Reasonable Further Progress and Attainment Demonstration. On
September 11, 2009, Wisconsin submitted an attainment demonstration and
RFP plans for the Milwaukee-Racine and Sheboygan areas as required by
section 182(b)(1) of the CAA. Because attainment has been reached,
section 182(b)(1) requirements are no longer considered to be
applicable as long as the area continues to attain the standard. If EPA
finalizes approval of the redesignation of the Milwaukee-Racine and
Sheboygan areas, EPA will take no further action on the attainment
demonstration and RFP plans submitted by Wisconsin for the areas.
    VOC RACT Requirements. Section 182(b)(2) requires states with
moderate nonattainment areas to implement RACT under section 172(c)(1)
with respect to each of the following: (1) All sources covered by a
Control Technology Guideline (CTG) document issued between November 15,
1990, and the date of attainment; (2) all sources covered by a CTG
issued prior to November 15, 1990; and, (3) all other major non-CTG
stationary sources. As required under the 1-hour ozone standard,
Wisconsin submitted VOC RACT rules covering the second and third
categories. EPA approved these VOC RACT rules on the following dates:
August 15, 1994 (59 FR 41709), April 27, 1995 (60 FR 20643), June 30,
1995 (60 FR 34170), July 28, 1995 (60 FR 38722), February 12, 1996 (61
FR 5307), February 13, 1996 (61 FR 5514), April 4, 1996 (61 FR 14972),
April 9, 1996 (61 FR 15706), April 25, 1996 (61 FR 18257), July 17,
1996 (61 FR 37216), August 29, 1996 (61 FR 45327), June 8, 2000 (65 FR
36351), November 13, 2001 (66 FR 56931), and September 22, 2006 (71 FR
55287). With respect to the first category, EPA issued CTGs for five
source categories in September 2006 and three additional source
categories in September 2007. Areas classified as moderate and above
were required to submit VOC RACT for the source categories covered by
these CTGs, by September 2007 and September 2008, respectively.
Wisconsin submitted SIP revisions to address these CTGs on September 1,
2009, and November 16, 2011. EPA is taking action on these revisions in
a separate rulemaking action. Full approval of Wisconsin's RACT
submittals is a prerequisite for approval of the redesignation of the
Milwaukee-Racine and Sheboygan areas to attainment.
    NOX RACT. Section 182(f) establishes NOX
requirements for ozone nonattainment areas. EPA approved Wisconsin's
NOX RACT SIP on October 19, 2010 (75 FR 64155).
    Stage II Vapor Recovery. Section 182(b)(3) requires states to
submit Stage II rules no later than November 15, 1992. EPA approved
Wisconsin's Stage II rule on August 13, 1993 (58 FR 43080), August 15,
1994 (59 FR 41709), and April 27, 1995 (60 FR 206423).
    Vehicle Inspection and Maintenance (I/M). EPA's final I/M
regulations in 40 CFR part 85 required the states to submit a fully
adopted I/M program by November 15, 1993. EPA approved Wisconsin's
enhanced I/M program on January 12, 1995 (60 FR 2881) and August 16,
2001 (66 FR 42949).
    Thus, as discussed above, with approval of the comprehensive
emissions inventory and Wisconsin's VOC RACT submittals, the Milwaukee-
Racine and Sheboygan areas will satisfy the requirements applicable for
purposes of redesignation under section 110 and part D of the CAA.
b. The Milwaukee-Racine and Sheboygan Areas Have a Fully Approved
Applicable SIP for Purposes of Redesignation Under Section 110(k) of
the CAA
    If EPA issues a final approval of the comprehensive emissions
inventory and Wisconsin's VOC RACT submittals, EPA will have fully
approved the Wisconsin SIP for the Milwaukee-Racine and Sheboygan areas
under section 110(k) of the CAA for all requirements applicable for
purposes of redesignation. EPA may rely on prior SIP approvals in
approving a redesignation request (See page three of the September 4,
1992, John Calcagni memorandum; Southwestern Pennsylvania Growth
Alliance v. Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v.
EPA, 265 F.3d 426 (6th Cir. 2001)), plus any additional measures it may
approve in conjunction with a redesignation action. See 68 FR 25413,
25426 (May 12, 2003). Since the passage of the CAA of 1970, Wisconsin
has adopted and submitted, and EPA has fully approved, provisions
addressing the various required SIP elements applicable to the
Milwaukee-Racine and Sheboygan areas under the

1-hour ozone standard. In this action, EPA is proposing to approve
Wisconsin's 2005 comprehensive emissions inventory for the Milwaukee-
Racine and Sheboygan areas as meeting the requirement of section
182(a)(1) of the CAA. In a separate rule, EPA will take action on the
Wisconsin VOC RACT submittals.
c. The Milwaukee-Racine Area Has a Fully Approved SIP and Meets Anti-
Backsliding Requirements Under the 1-Hour Ozone Standard
    The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe 1-
hour ozone NAAQS requirements that continue to apply after the
revocation of the 1-hour ozone NAAQS for former 1-hour ozone
nonattainment areas. 40 CFR 51.905(a)(1)(i) provides that:

    The area remains subject to the obligation to adopt and
implement the applicable requirements defined in 40 CFR 51.900(f),
except as provided in paragraph (a)(1)(iii) of this section, and
except as provided in paragraph (b) of this section.

40 CFR 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005),
provides that:

    Applicable requirements means for an area the following
requirements to the extent such requirements apply or applied to the
area for the area's classification under section 181(a)(1) of the
CAA for the 1-hour NAAQS at designation for the 8-hour NAAQS:
    (1) Reasonably available control technology (RACT).
    (2) Inspection and maintenance programs (I/M).
    (3) Major source applicability cut-offs for purposes of RACT.
    (4) Rate of Progress (ROP) reductions.
    (5) Stage II vapor recovery.
    (6) Clean fuels fleet program under section 182(c)(4) of the
CAA.
    (7) Clean fuels for boilers under section 182(e)(3) of the CAA.
[Not a requirement for the Milwaukee-Racine area.]
    (8) Transportation Control Measures (TCMs) during heavy traffic
hours as provided under section 182(e)(4) of the CAA.
    (9) Enhanced (ambient) monitoring under section 182(c)(1) of the
CAA.
    (10) Transportation controls under section 182(c)(5) of the CAA.
    (11) Vehicle miles travelled provisions of section 182(d)(1) of
the CAA.
    (12) NOX requirements under section 182(f) of the
CAA.
    (13) Attainment demonstration or an alternative as provided
under 40 CFR 51.905(a)(1)(ii).

    In addition to applicable requirements listed under 40 CFR
51.900(f) and as discussed above, the state must also comply with the
1-hour anti-backsliding requirements discussed in the DC Circuit's
decisions in South Coast Air Quality Management Dist. v. EPA. See
III.B.i, above.
    Pursuant to 40 CFR 51.905(c), the Milwaukee-Racine area is subject
to the obligations set forth in 40 CFR 51.905(a) and 40 CFR 51.900(f).
The following paragraphs address the 1-hour ozone SIP requirements
applicable to the Milwaukee-Racine area pursuant to all the anti-
backsliding requirements described above.
    Prior to the revocation of the 1-hour ozone standard on June 15,
2005, the Milwaukee-Racine area was classified as a severe
nonattainment area for the 1-hour ozone standard with an attainment
deadline of November 15, 2007, and was therefore subject to the ozone
SIP requirements for severe 1-hour ozone nonattainment areas contained
in sections 182(a) through 182(d) of the CAA. In reviewing Wisconsin's
ozone redesignation request for the Milwaukee-Racine area, we assessed
whether the area satisfied the CAA requirements under the 1-hour ozone
standard. We conclude that this area and the state of Wisconsin have
satisfied all anti-backsliding CAA requirements applicable to a severe
ozone nonattainment area by complying with all applicable 1-hour ozone
SIP requirements. The following discusses how the applicable CAA
requirements have been met in the Milwaukee-Racine area.

40 CFR 51.900(f)(1) and (3) RACT

    Section 182(a)(2)(A) of the CAA requires RACT corrections. Section
182(b)(2) requires RACT for each category of VOC sources covered by a
CTG and for all other major sources of VOC within an ozone
nonattainment area. Section 182(d) specifies requirements for severe
ozone nonattainment areas, including a major source emissions cut-off
of 25 tons per year.
    Under the 1-hour ozone standard, EPA fully approved Wisconsin's VOC
RACT regulations as SIP revisions for CTG sources and for major non-CTG
sources through rulemakings on the following dates: August 15, 1994 (59
FR 41709), April 27, 1995 (60 FR 20643), June 30, 1995 (60 FR 34170),
July 28, 1995 (60 FR 38722), February 12, 1996 (61 FR 5307), February
13, 1996 (61 FR 5514), April 4, 1996 (61 FR 14972), April 9, 1996 (61
FR 15706), April 25, 1996 (61 FR 18257), July 17, 1996 (61 FR 37216),
August 29, 1996 (61 FR 45327), June 8, 2000 (65 FR 36351), November 13,
2001 (66 FR 56931), and September 22, 2006 (71 FR 55287). These RACT
SIP revisions include rules covering all non-CTG sources in the
Milwaukee-Racine area with the potential to emit VOCs at or in excess
of 25 tons per year.
    EPA issued CTGs for five source categories in September 2006 and
three additional source categories in September 2007. Areas classified
as moderate and above for the 1997 8-hour standard were required to
submit VOC RACT for the source categories covered by these CTGs by
September 2007 and September 2008, respectively. Wisconsin submitted
SIP revisions to address these CTGs on September 1, 2009, and November
16, 2011. EPA is taking action on these revisions in a separate
rulemaking action. Full approval of Wisconsin's RACT submittals is a
prerequisite for approval of the redesignation of the Milwaukee-Racine
and Sheboygan areas to attainment.

40 CFR 51.900(f)(2) Vehicle I/M

    EPA approved Wisconsin's enhanced I/M program on January 12, 1995
(60 FR 2881), and August 16, 2001 (66 FR 42949).

40 CFR 51.900(f)(4) ROP

    Sections 182(b)(1)(A) and 182(c)(2)(B) of the CAA establish the ROP
requirements for ozone nonattainment areas. EPA has fully approved
Wisconsin's SIP revisions that demonstrate that Wisconsin achieved ROP
in the Milwaukee-Racine area. On March 22, 1996 (61 FR 11735), EPA
approved Wisconsin's plan to achieve a 15 percent reduction in VOC
emissions in the Milwaukee-Racine area, as required in section 182(b)
of the CAA. On October 10, 2001 (66 FR 51572), EPA approved Wisconsin's
plan to achieve ROP between 1996 and 1999 in this area, meeting the ROP
requirements of section 182(c) of the CAA. Finally, on November 13,
2001 (66 FR 56931), EPA approved Wisconsin's plan to achieve ROP
emission reductions for the period of 1999 through 2007.

40 CFR 51.900(f)(5) Stage II Gasoline Vapor Recovery

    EPA approved Wisconsin's Stage II rule on August 13, 1993 (58 FR
43080), August 15, 1994 (59 FR 41709), and April 27, 1995 (60 FR
206423).

40 CFR 51.900(f)(6) Clean Fuel Fleet Program

    EPA approved Wisconsin's clean fuel fleet program rules as required
by section 182(c)(4) of the CAA on March 11, 1996 (61 FR 9639).

40 CFR 51.900(f)(7) Clean Fuels for Boilers

    Section 182(e)(3) of the CAA, which requires clean fuels for
boilers, does not apply to the Milwaukee-Racine area.

This CAA requirement only applies to extreme ozone nonattainment areas.

40 CFR 51.900(f)(8) Traffic Control Measures During Heavy Traffic Hours

    This requirement applies to areas subject to section 182(e)(4) of
the CAA, which covers extreme ozone nonattainment areas, and,
therefore, does not apply to the Milwaukee-Racine area.

40 CFR 51.900(f)(9) Enhanced Ambient Monitoring

    On March 18, 1994 (59 FR 1251), EPA approved Wisconsin's SIP
revision establishing an enhanced monitoring program for ozone in the
Milwaukee-Racine area, as required by section 182(c)(1) of the CAA.

40 CFR 51.900(f)(10) Transportation Control Measures

    Within six months of November 15, 1990, and every three years
thereafter, section 182(c)(5) of the CAA requires states to submit a
demonstration that current aggregate vehicle mileage, aggregate vehicle
emissions, congestion levels, and other relevant traffic-related and
vehicle emissions-related factors are consistent with those used for
the area's ozone attainment demonstration for serious and above 1-hour
ozone nonattainment areas. If the levels of relevant parameters that
are projected in the attainment demonstration are exceeded, a state has
18 months to develop and submit a revision to the SIP to include TCMs
to reduce mobile source emissions to levels consistent with the
emission levels in the attainment demonstration.
    The section 182(c)(5) requirements are included in those measures
subject to EPA's interpretation under EPA's May 10, 1995, Clean Data
Policy memorandum. As provided by the clean data policy, since the
Milwaukee-Racine area is attaining the 1-hour ozone standard, any
requirement for submitting the section 182(c)(5) measures for the
Milwaukee-Racine area is suspended. See also 40 CFR 51.918.

40 CFR 51.900(f)(11) Vehicle Miles Travelled

    Section 182(d)(1)(A) of the CAA requires severe ozone nonattainment
areas to offset the growth in emissions attributed to growth in VMT; to
select and implement TCMs necessary to comply with the periodic
emission reduction requirements of sections 182(b) and (c); and, to
consider TCMs specified in section 108(f) of the CAA, and implement
TCMs as necessary to demonstrate attainment with the ozone standard.
EPA approved Wisconsin's section 182(d)(1)(A) VMT SIP on May 5, 1995
(60 FR 22284), and September 11, 1995 (60 FR 47088).

40 CFR 51.900(f)(12) NOX Requirements Under Section 182(f)

    Section 182(f) requires major sources of NOX in an ozone
nonattainment area to be covered by emission control requirements
equivalent to those required for major sources of VOC, unless EPA
waives the NOX emission control requirements as provided in
section 182(f). The section 182(f) NOX emission control
requirements include NOX RACT in ozone nonattainment areas
required to implement VOC RACT for 1-hour ozone nonattainment areas
classified as moderate or above. On February 3, 1998 (63 FR 5460), EPA
approved a NOX emissions control waiver for the Milwaukee-
Racine area for the 1-hour ozone standard.

40 CFR 51.900(f)(13) Ozone Attainment Demonstration

    On November 13, 2001 (66 FR 56931), EPA approved Wisconsin's 1-hour
ozone attainment demonstration SIP revision for the Milwaukee-Racine
area.

New Source Review

    EPA has determined that an area being redesignated need not have an
approved nonattainment NSR program, provided that the state
demonstrates maintenance of the standard in the area without part D NSR
in effect. The rationale for this view is described in a memorandum
from Mary Nichols, Assistant Administrator for Air and Radiation, dated
October 14, 1994, entitled, ``Part D New Source Review Requirements for
Areas See III.3.a., above

Transportation Conformity

    The conformity portion of the court's ruling does not impact the
redesignation request for the Milwaukee-Racine area except to the
extent that the court, in its June 8, 2007, decision clarified that,
for those areas with MVEBs for the 1-hour ozone standard, anti-
backsliding requires that these MVEBs be used for 8-hour conformity
determinations until replaced by MVEBs for the 8-hour ozone standard.
To meet this requirement, conformity determinations in such areas must
comply with the applicable requirements of EPA's conformity regulations
at 40 CFR part 93. Note below that EPA is proposing to find adequate
and approve 8-hour MVEBs established by Wisconsin's 8-hour ozone
maintenance plans for the Milwaukee and Sheboygan areas.

Contingency Measures

    The contingency measure requirements under sections 172(c)(9) and
182(c)(9) of the CAA must be addressed in state ozone RFP and
attainment demonstration plans. Wisconsin addressed these requirements
in the 1-hour ozone RFP and attainment demonstration plans for the
Milwaukee-Racine area by adopting and implementing extra VOC and
NOX emission controls that go beyond the emission reductions
needed for RFP and attainment of the 1-hour ozone standard. EPA
approved these ozone control plans, including their contingency
elements as follows: VOC 15 percent RFP plan, March 22, 1996 (61 FR
11735); post-1996 RFP plan, November 10, 2001 (66 FR 51572); and 1-hour
ozone attainment demonstration and post-1999 RFP plan, November 13,
2001 (66 FR 56931). Therefore, Wisconsin has met the contingency
requirements of sections 172(c)(9) and 182(c)(9) of the CAA for the 1-
hour ozone standard.

Section 185 Source Emission Penalty Fees

    EPA approved an excess VOC emissions fee rule for the Milwaukee-
Racine area on June 25, 2002 (67 FR 42729). On April 24, 2009 (74 FR
18641), EPA published a final rule making a determination that the
Milwaukee-Racine area had attained the 1-hour ozone standard and
confirming that this finding of attainment relieved Wisconsin of the
obligation to adopt section 185 source penalty fee regulations for this
area.

Conclusion

    For the reasons discussed above, EPA concludes that Wisconsin has
met all part D SIP requirements for the 1-hour ozone standard
applicable to the Milwaukee-Racine area for purposes of redesignation,
as addressed in the DC Circuit's and EPA's anti-backsliding
requirements.
3. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions in Emissions Resulting From Implementation of the SIP and
Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Reductions. (Section 107(d)(3)(E)(iii))
    EPA finds that Wisconsin has demonstrated that the observed air
quality improvement in the Milwaukee-Racine and Sheboygan areas is due
to permanent and enforceable reductions in emissions resulting from
implementation of the SIP, Federal

measures, and other state-adopted measures.
    In making this demonstration, the state has calculated the change
in emissions between 2005 and 2008. For the nonattainment inventory,
Wisconsin used the 2005 emissions inventory developed to meet the
comprehensive emissions inventory requirement of section 182(a)(1) of
the CAA. The state developed an attainment inventory for 2008, one of
the years the Milwaukee-Racine and Sheboygan areas monitored attainment
of the 1997 8-hour ozone standard. The reduction in emissions and the
corresponding improvement in air quality over this time period can be
attributed to a number of regulatory control measures that the
Milwaukee-Racine and Sheboygan areas and upwind areas have implemented
in recent years.
a. Permanent and Enforceable Controls Implemented
    The following is a discussion of permanent and enforceable measures
that have been implemented in the areas:
    i. Automobile Inspection and Maintenance (I/M) program. Wisconsin
operates an enhanced automobile inspection and maintenance program in
the Milwaukee-Racine and Sheboygan areas.
    ii. Stationary Source NOX Rules. As part of the state's ROP plan
under the 1-hour ozone standard, Wisconsin adopted regulations that
control NOX emissions at electric utilities and large
industrial combustion sources and establish NOX emissions
standards for new sources. The regulation of existing sources was
estimated to achieve a 55 ton per day reduction by 2007.
    iii. Federal Mobile Source Emission Control Measures. Reductions in
VOC and NOX emissions have occurred statewide and in upwind
areas as a result of Federal emission control measures, with additional
emission reductions expected to occur in the future. Federal emission
control measures include the following.
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. These emission control requirements result in lower VOC and
NOX emissions from new cars and light duty trucks, including
sport utility vehicles. The Federal rules were phased in between 2004
and 2009. The EPA has estimated that, by the end of the phase-in
period, the following vehicle NOX emission reductions will
occur nationwide: passenger cars (light duty vehicles) (77 percent);
light duty trucks, minivans, and sports utility vehicles (86 percent);
and, larger sports utility vehicles, vans, and heavier trucks (69 to 95
percent). VOC emission reductions are expected to range from 12 to 18
percent, depending on vehicle class, over the same period. Some of
these emission reductions occurred by the attainment years and
additional emission reductions will occur throughout the maintenance
period.
    Heavy-Duty Diesel Engine Rule. In July 2000, EPA issued a rule,
effective in 2004, that includes standards limiting the sulfur content
of diesel fuel. A second phase took effect in 2007 which further
reduced the highway diesel fuel sulfur content to 15 parts per million,
leading to additional reductions in combustion NOX and VOC
emissions. This rule is expected to achieve a 95 percent reduction in
NOX emissions from diesel trucks and busses.
    Nonroad Diesel Rule. EPA issued this rule in 2004. This rule
applies to diesel engines used in industries, such as construction,
agriculture, and mining. It is estimated that compliance with this rule
will cut NOX emissions from nonroad diesel engines by up to
90 percent. Some of these emission reductions occurred by the
attainment years and additional emission reductions will occur
throughout the maintenance period.
    iv. New Source Performance Standards (NSPS), National Emissions
Standards for Hazardous Air Pollutants (NESHAPS) and Maximum Achievable
Control Technology Standards (MACT). A broad range of emission sectors
are subject to Federal NSPS, NESHAP, and MACT standards with compliance
requirements which take effect over the attainment period.
    v. Control Measures in Upwind Areas. On October 27, 1998 (63 FR
57356), EPA issued a NOX SIP Call requiring the District of
Columbia and 22 states to reduce emissions of NOX. Affected
states were required to comply with Phase I of the SIP Call beginning
in 2004, and Phase II beginning in 2007. The reduction in
NOX emissions has resulted in lower concentrations of
transported ozone entering the Milwaukee-Racine and Sheboygan areas.
Emission reductions resulting from regulations developed in response to
the NOX SIP Call are permanent and enforceable.
b. Emission Reductions
    Wisconsin is using the 2005 emissions inventory developed pursuant
to section 182(a)(1) of the CAA as the nonattainment inventory. This
inventory is discussed in more detail in section V.C., below. In
summary, WDNR developed the point source inventory using actual
reported emissions, EPA's Clean Air Markets Database and EPA techniques
for emissions calculation. The area source inventory was created by
backcasting Wisconsin's 2008 emissions inventory that was submitted to
EPA for the National Emissions Inventory. The nonroad mobile inventory
was created using EPA's National Mobile Inventory Model (NMIM) (2009/
05/04 version). In addition, emissions estimates were developed for
commercial marine vessels, aircraft, and railroads, three nonroad
categories not included in the model. The onroad mobile source
inventory was developed using EPA's MOVES2010a model. Wisconsin is
using the 2008 emissions inventory for the attainment inventory. The
point source sector of the emissions inventory was created using
annually reported point source emissions, EPA's Clean Air Markets
Database, and EPA techniques for emissions calculation. Emissions were
estimated by collecting process-level information from each facility
that qualifies for inclusion in the state's point source database. Area
source emissions estimates were taken from the 2008 emissions inventory
developed by WDNR to meet the periodic emissions inventory requirement
of 40 CFR part 51, subpart A.
    In general, area source emissions estimates were calculated using
population, gasoline consumption, employment, crop acreages, and other
activity surrogates along with emission factors. Emission factors were
derived from local data, local or national surveys and EPA guidance for
the development of emissions inventories. Nonroad emissions estimates
were developed using EPA's NMIM (2009/05/04 version). In addition,
emissions estimates were developed for commercial marine vessels,
aircraft, and railroads, three nonroad categories not included in the
model. The onroad mobile source inventory was developed using EPA's
MOVES2010a model.
    Using the inventories described above, Wisconsin's submittal
documents changes in VOC and NOX emissions from 2005 to 2008
for the Milwaukee-Racine and Sheboygan areas. Emissions data are shown
in Tables 2 through 4.

                             Table 2--Milwaukee-Racine and Sheboygan Area VOC and NOX Emissions for Nonattainment Year 2005
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Point                   Area                   Nonroad                 Onroad                   Total
             County              -----------------------------------------------------------------------------------------------------------------------
                                      VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee-Racine Area...........      13.04       64.24       55.38       14.48       60.30       50.30       46.89      117.20      175.61      246.22
    Kenosha County..............       0.73       32.75        3.28        0.73        5.41        4.32        3.98        9.58       13.40       47.38
    Milwaukee County............       6.88       28.13       20.65        6.77       15.71       17.94       20.79       53.12       64.03      105.96
    Ozaukee County..............       0.42        0.52        3.79        0.87        2.70        5.44        2.72        6.84        9.63       13.67
    Racine County...............       1.17        0.77        5.88        1.25        7.42        5.70        4.38       10.65       18.85       18.37
    Washington County...........       0.47        0.88        9.71        1.19        6.45        4.08        3.91        9.78       20.54       15.93
    Waukesha County.............       3.37        1.19       12.07        3.67       22.61       12.82       11.11       27.23       49.16       44.91
Sheboygan Area (Sheboygan              2.307      17.338       6.879       1.114       6.245       4.389       3.340       8.489      18.771      31.330
 County)........................
--------------------------------------------------------------------------------------------------------------------------------------------------------

                               Table 3--Milwaukee-Racine and Sheboygan Area VOC and NOX Emissions for Attainment Year 2008
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Point                   Area                   Nonroad                 Onroad                   Total
             County              -----------------------------------------------------------------------------------------------------------------------
                                      VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee-Racine Area...........      12.17       39.16       57.22       14.76       50.02       45.34       36.35       92.74      155.76      192.00
    Kenosha County..............       1.33        8.56        3.39        0.76        4.57        3.94        3.05        7.52       12.34       20.78
    Milwaukee County............       5.52       26.91       21.19        6.85       12.90       15.83       16.05       41.68       55.66       91.27
    Ozaukee County..............       0.42        0.73        3.99        0.89        2.17        4.66        2.13        5.47        8.71       11.75
    Racine County...............       1.41        1.13        6.17        1.27        6.23        4.99        3.51        8.79       17.32       16.18
    Washington County...........       0.49        0.26        9.97        1.23        5.39        4.10        2.97        7.62       18.82       13.21
    Waukesha County.............       3.00        1.57       12.51        3.76       18.76       11.82        8.64       21.66       42.91       38.81
Sheboygan Area (Sheboygan              2.113      12.972       7.064       1.139       5.329       3.689       2.665       6.322      17.171      24.122
 County)........................
--------------------------------------------------------------------------------------------------------------------------------------------------------

         Table 4--Comparison of Milwaukee-Racine and Sheboygan Area 2005 and 2008 VOC and NOX Emissions
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                                                 VOC                                       NOX
                             -----------------------------------------------------------------------------------
           County                                          Net change                                Net change
                                  2005          2008       (2005-2008)      2005          2008       (2005-2008)
----------------------------------------------------------------------------------------------------------------
Milwaukee-Racine Area.......       175.61        155.76        -19.85        246.22        192.00        -54.22
    Point...................        13.04         12.17         -0.87         64.24         39.16        -25.08
    Area....................        55.38         57.22          1.84         14.48         14.76          0.28
    Nonroad.................        60.30         50.02        -10.28         50.30         45.34         -4.96
    Onroad..................        46.89         36.35        -10.54        117.20         92.74        -24.46
Sheboygan Area..............        18.771        17.171        -1.600        31.330        24.122        -7.208
    Point...................         2.307         2.113        -0.194        17.338        12.972        -4.366
    Area....................         6.879         7.064         0.185         1.114         1.139         0.025
    Nonroad.................         6.245         5.329        -0.916         4.389         3.689        -0.700
    Onroad..................         3.340         2.665        -0.675         8.489         6.322        -2.167
----------------------------------------------------------------------------------------------------------------

    Table 4 shows that the Milwaukee-Racine area reduced VOC emissions
by 19.85 tpd and NOX emissions by 54.22 tpd between 2005 and
2008, and the Sheboygan area reduced VOC emissions by 1.600 tpd and
NOX emissions by 7.208 tpd between 2005 and 2008. Based on
the information summarized above, Wisconsin has adequately demonstrated
that the improvement in air quality is due to permanent and enforceable
emissions reductions.
4. The Area Has a Fully Approved Maintenance Plan Pursuant to Section
175a of the CAA. (Section 107(d)(3)(E)(iv))
    In conjunction with its requests to redesignate the Milwaukee-
Racine and Sheboygan nonattainment areas to attainment status, WDNR
submitted SIP revisions to provide for the maintenance of the 1997 8-
hour ozone NAAQS in the areas through 2022.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after the
Administrator approves a redesignation to attainment. Eight years after
the redesignation, the state must submit a revised maintenance plan
which demonstrates that attainment will continue to be maintained for
ten years following the initial ten-year maintenance period. To address
the possibility of future NAAQS violations, the maintenance plan must
contain contingency measures with a schedule for implementation as EPA
deems necessary to assure prompt correction of any future violations of
the 1997 8-hour ozone standard.
    The September 4, 1992, John Calcagni memorandum provides additional
guidance on the content of a maintenance plan. The memorandum clarifies
that an ozone maintenance plan should address the following items: The
attainment VOC and NOX emissions inventories, a maintenance
demonstration showing maintenance for ten years of the maintenance
period, a commitment to maintain the existing

monitoring network, factors and procedures to be used for verification
of continued attainment of the NAAQS, and a contingency plan to prevent
or correct future violations of the NAAQS.
b. Attainment Inventory
    WDNR developed an emissions inventory for 2008, one of the years
Wisconsin used to demonstrate monitored attainment of the 1997 8-hour
NAAQS, as described above. The attainment level of emissions is
summarized in Table 3, above.
c. Demonstration of Maintenance
    Along with the redesignation requests, WDNR submitted revisions to
the 8-hour ozone SIP to include maintenance plans for the Milwaukee-
Racine and Sheboygan areas, in compliance with section 175A of the CAA.
These demonstrations show maintenance of the 1997 8-hour ozone standard
through 2022 by assuring that current and future emissions of VOC and
NOX for the Milwaukee-Racine and Sheboygan areas remain at
or below attainment year emission levels. A maintenance demonstration
need not be based on modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir.
2001), Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66
FR 53094, 53099-53100 (October 19, 2001), 68 FR 25413, 25430-25432 (May
12, 2003).
    Wisconsin is using emissions inventories for the years 2015 and
2022 to demonstrate maintenance. The emissions inventories were
developed as described below.
    Electric Generating Unit (EGU) point source emissions for 2018 were
estimated using IPM3.0. Non-EGU point source emissions for 2018 were
derived by applying growth and control factors, developed by Pechan for
the Lake Michigan Air Directors Consortium (LADCO), to the 2005
inventory. Growth factors were initially based on the Economic Growth
and Analysis System (EGAS) model and were modified for select priority
categories by examining emissions activity data. Projected emissions
for 2015 and 2022 were estimated using linear interpolation and
extrapolation from 2008 and 2018 emissions estimates.
    Area source emissions inventories were created by projecting the
2008 emissions inventory. The emission projections were primarily based
on growth factors from the EGAS model. If EGAS growth factors were not
available, population based growth factors were used.
    Nonroad emissions estimates were developed using EPA's NMIM model
(2009/05/04 version). In addition, emissions estimates were developed
for commercial marine vessels, aircraft, and railroads, three nonroad
categories not included in the model. Onroad emissions estimates were
generated using the MOVES2010a model.
    Emissions data are shown in Tables 5 through 7 below.

                              Table 5--Milwaukee-Racine and Sheboygan Area VOC and NOX Emissions for Maintenance Year 2015
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Point                   Area                   Nonroad                 Onroad                   Total
             County              -----------------------------------------------------------------------------------------------------------------------
                                      VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee-Racine Area...........      15.89       45.35       53.53       13.63       30.58       29.60       21.08       51.22      121.08      139.80
    Kenosha County..............       0.99       13.12        3.17        0.71        2.71        2.73        1.82        4.18        8.69       20.74
    Milwaukee County............       8.37       29.42       19.64        6.20        8.37       10.40        9.10       23.08       45.48       69.10
    Ozaukee County..............       0.52        0.74        3.81        0.84        1.37        2.89        1.24        2.98        6.94        7.45
    Racine County...............       1.47        0.76        5.85        1.18        3.63        3.46        2.05        4.76       13.00       10.16
    Washington County...........       0.51        0.15        9.34        1.17        3.32        2.51        1.77        4.24       14.94        8.07
    Waukesha County.............       4.03        1.16       11.72        3.53       11.18        7.61        5.10       11.98       32.03       24.28
Sheboygan Area (Sheboygan              2.895      11.486       6.568       1.067       3.263       2.432       2.024       4.321      14.750      19.306
 County)........................
--------------------------------------------------------------------------------------------------------------------------------------------------------

                              Table 6--Milwaukee-Racine and Sheboygan Area VOC and NOX Emissions for Maintenance Year 2022
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Point                   Area                   Nonroad                 Onroad                   Total
             County              -----------------------------------------------------------------------------------------------------------------------
                                      VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX         VOC         NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee-Racine Area...........      19.61       51.57       59.83       13.51       23.55       21.13       15.98       31.91      118.97      118.12
    Kenosha County..............       0.65       17.68        3.50        0.72        1.84        1.94        1.41        2.64        7.40       22.98
    Milwaukee County............      11.22       31.93       21.88        6.03        7.48        7.76        6.78       14.18       47.36       59.90
    Ozaukee County..............       0.63        0.76        4.33        0.85        1.19        1.83        0.95        1.88        7.10        5.32
    Racine County...............       1.52        0.39        6.63        1.17        2.44        2.57        1.58        3.00       12.17        7.13
    Washington County...........       0.53        0.05       10.43        1.20        2.52        1.59        1.36        2.69       14.84        5.53
    Waukesha County.............       5.06        0.76       13.06        3.54        8.08        5.44        3.90        7.52       30.10       17.26
    Sheboygan Area (Sheboygan          3.677      10.000       7.256       1.074       2.189       1.876       1.615       2.778      14.737      15.728
     County)....................
--------------------------------------------------------------------------------------------------------------------------------------------------------

                          Table 7--Comparison of Milwaukee-Racine and Sheboygan Area 2008, 2015 and 2022 VOC and NOX Emissions
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              VOC                                              NOX
                                                       -------------------------------------------------------------------------------------------------
                        County                                                               Net change                                       Net change
                                                           2008        2015        2022     (2008-2022)     2008        2015        2022     (2008-2022)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Milwaukee-Racine Area.................................     155.76      121.08      118.97       -36.79      192.00      139.80      118.12       -73.88
    Point.............................................      12.17       15.89       19.61         7.44       39.16       45.35       51.57        12.41
    Area..............................................      57.22       53.53       59.83         2.61       14.76       13.63       13.51        -1.25
    Nonroad...........................................      50.02       30.58       23.55       -26.47       45.34       29.60       21.13       -24.21
    Onroad............................................      36.35       21.08       15.98       -20.37       92.74       51.22       31.91       -60.83

Sheboygan Area........................................      17.171      14.750      14.737       -2.434      24.122      19.306      15.728       -8.394
    Point.............................................       2.113       2.895       3.677        1.564      12.972      11.486      10.000       -2.972
    Area..............................................       7.064       6.568       7.256        0.192       1.139       1.067       1.074       -0.065
    Nonroad...........................................       5.329       3.263       2.189       -3.140       3.689       2.432       1.876       -1.813
    Onroad............................................       2.665       2.024       1.615       -1.050       6.322       4.321       2.778       -3.544
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The emission projections show that WDNR does not expect emissions
in the Milwaukee-Racine and Sheboygan areas to exceed the level of the
2008 attainment year inventory during the maintenance period. In the
Milwaukee-Racine area, WDNR projects VOC emissions to decrease by 36.79
tpd and NOX emissions to decrease by 73.88 tpd between 2008
and 2022. In the Sheboygan area, WDNR projects VOC emissions to
decrease by 2.434 tpd and NOX emissions to decrease by 8.394
tpd between 2008 and 2022.
    Further, ozone modeling performed by the Lake Michigan Air
Directors Consortium supports the conclusion that the Milwaukee-Racine
and Sheboygan areas will maintain the 1997 8-hour ozone standard
throughout the maintenance period. Peak modeled ozone levels in the
Milwaukee-Racine area for 2012 and 2018 are 0.080 ppm, and 0.077 ppm,
respectively. Peak modeled ozone levels in the Sheboygan area for 2012
and 2018 are 0.081 ppm, and 0.076 ppm, respectively. These projected
ozone levels were modeled applying only legally enforceable controls;
e.g., consent decrees, rules, the NOX SIP Call, Federal
motor vehicle control programs, etc.
    As part of its maintenance plans, the state elected to include
``safety margins'' for the areas. A ``safety margin'' is the difference
between the attainment level of emissions (from all sources) and the
projected level of emissions (from all sources) in the maintenance
plan, which continues to demonstrate attainment of the standard. The
attainment level of emissions is the level of emissions during one of
the years in which the area met the NAAQS. The Milwaukee-Racine and
Sheboygan areas attained the 8-hour ozone NAAQS during the 2006-2008,
2007-2009, and 2008-2010 time periods. Wisconsin used 2008 as the
attainment level of emissions for the areas. In the maintenance plans,
WDNR projected emission levels for 2022. For the Milwaukee-Racine area,
the emissions from point, area, nonroad, and onroad mobile sources in
2008 equaled 155.76 tpd of VOC. WDNR projected VOC emissions for the
year 2022 to be 118.97 tpd of VOC. The SIP submission demonstrates that
the Milwaukee-Racine area will continue to maintain the standard with
emissions at this level. The safety margin for VOC is calculated to be
the difference between these amounts or, in this case, 36.79 tpd of VOC
for 2022. By this same method, for the Milwaukee-Racine area, 73.88 tpd
(i.e., 192.00 tpd less 118.12 tpd) is the safety margin for
NOX for 2022. For the Sheboygan area, the safety margin for
2022 is 2.434 tpd of VOC and 8.394 tpd of NOX. The safety
margin, or a portion thereof, can be allocated to any of the source
categories, as long as the total attainment level of emissions is
maintained.
d. Monitoring Network
    Wisconsin currently operates ten ozone monitors in the Milwaukee-
Racine area and one monitor in the Sheboygan area. WDNR has committed
to continue to monitor ozone levels in the areas. WDNR will work with
EPA should changes in siting become necessary. Wisconsin remains
obligated to meet monitoring requirements and continue to quality
assure monitoring data in accordance with 40 CFR part 58, and to enter
all data into the AQS in accordance with Federal guidelines.
e. Verification of Continued Attainment
    Continued attainment of the ozone NAAQS in the Milwaukee-Racine and
Sheboygan areas depends, in part, on the state's efforts toward
tracking indicators of continued attainment during the maintenance
period. Wisconsin's plan for verifying continued attainment of the 8-
hour standard in the Milwaukee-Racine and Sheboygan consists of plans
to continue ambient ozone monitoring in accordance with the
requirements of 40 CFR part 58. WDNR will also continue to develop and
submit periodic emission inventories as required by the Federal
Consolidated Emissions Reporting Rule (67 FR 39602, June 10, 2002) to
track future levels of emissions.
f. Contingency Plan
    The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. Section 175A of the CAA requires that a
maintenance plan include such contingency measures as EPA deems
necessary to assure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
and a time limit for action by the state. The state should also
identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must include a requirement that the state will
implement all measures with respect to control of the pollutant(s) that
were contained in the SIP before redesignation of the area to
attainment. See section 175A(d) of the CAA.
    As required by section 175A of the CAA, Wisconsin has adopted
contingency plans for the Milwaukee-Racine and Sheboygan areas to
address possible future ozone air quality problems. A contingency plan
response will be triggered whenever a three-year average fourth-high
monitored value of 0.085 ppm or greater is monitored within the
maintenance area. When a response is triggered, WDNR will evaluate
existing but not fully implemented, forthcoming, and, if necessary, new
control measures to correct the violation of the standard within 18
months. Wisconsin has confirmed EPA's interpretation that this
commitment means that the measure will be adopted and implemented
within 18 months of the triggering event. In addition, it is EPA's

understanding that to acceptably address a violation of the standard,
existing and forthcoming control measures must be in excess of
emissions reductions included in the projected maintenance inventories.
    WDNR included the following list of potential contingency measures
in its maintenance plans:
    i. Broaden the application of the NOX RACT program by
including a larger geographic area, and/or including sources with
potential emissions of 50 tons per year, and/or increasing the cost-
effectiveness thresholds utilized as a basis for Wisconsin's NOx RACT
Program;
    ii. Develop an anti-idling control program for mobile sources
targeting diesel vehicles;
    iii. Adopt a rule reducing VOC content in architectural, industrial
and maintenance coatings; and
    iv. Adopt a rule reducing VOC content in commercial and consumer
products.
g. Provisions for Future Updates of the Ozone Maintenance Plan
    As required by section 175A(b) of the CAA, WDNR commits to submit
to the EPA updated ozone maintenance plans eight years after
redesignation of the Milwaukee-Racine and Sheboygan areas to cover an
additional ten-year period beyond the initial ten-year maintenance
period. As required by section 175A of the CAA, Wisconsin has committed
to retain the VOC and NOX control measures contained in the
SIP prior to redesignation.
    EPA has concluded that the maintenance plans adequately address the
five basic components of a maintenance plan: Attainment inventory,
maintenance demonstration, monitoring network, verification of
continued attainment, and a contingency plan. Thus EPA proposes to find
that the maintenance plan SIP revisions submitted by Wisconsin for the
Milwaukee-Racine and Sheboygan areas meet the requirements of section
175A of the CAA.

B. Adequacy of Wisconsin's MVEBs

1. How are MVEBs developed and what are the MVEBs for the Milwaukee-
Racine and Sheboygan areas?
    Under the CAA, states are required to submit, at various times,
control strategy SIP revisions and ozone maintenance plans for ozone
nonattainment areas and for areas seeking redesignations to attainment
of the ozone standard. These emission control strategy SIP revisions
(e.g., RFP and attainment demonstration SIP revisions) and ozone
maintenance plans create MVEBs based on onroad mobile source emissions
for criteria pollutants and/or their precursors to address pollution
from onroad transportation sources. The MVEBs are the portions of the
total allowable emissions that are allocated to highway and transit
vehicle use that, together with emissions from other sources in the
area, will provide for attainment or maintenance.
    Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment is established for the last year of the maintenance plan.
The MVEB serves as a ceiling on emissions from an area's planned
transportation system. The MVEB concept is further explained in the
preamble to the November 24, 1993, transportation conformity rule (58
FR 62188).
    Under section 176(c) of the CAA, new transportation projects that
receive Federal funding or support, such as the construction of new
highways, must ``conform'' to (i.e., be consistent with) the SIP.
Conformity to the SIP means that transportation activities will not
cause new air quality violations, worsen existing air quality
violations, or delay timely attainment of the NAAQS. If a
transportation plan does not conform, most new transportation projects
that would expand the capacity of roadways cannot go forward.
Regulations at 40 CFR part 93 set forth EPA policy, criteria, and
procedures for demonstrating and assuring conformity of such
transportation activities to a SIP.
    When reviewing SIP revisions containing MVEBs, including attainment
strategies, rate-of-progress plans, and maintenance plans, EPA must
affirmatively approve or find that the MVEBs are ``adequate'' for use
in determining transportation conformity before the MVEBs can be used.
Once EPA affirmatively approves or finds the submitted MVEBs to be
adequate for transportation conformity purposes, the MVEBs must be used
by state and Federal agencies in determining whether proposed
transportation projects conform to the SIP as required by section
176(c) of the CAA. EPA's substantive criteria for determining the
adequacy of MVEBs are set out in 40 CFR 93.118(e)(4).
    EPA's process for determining adequacy of a MVEB consists of three
basic steps: (1) Providing public notification of a SIP submission; (2)
providing the public the opportunity to comment on the MVEB during a
public comment period; and, (3) EPA taking action on the MVEB. The
process for determining the adequacy of submitted SIP MVEBs is codified
at 40 CFR 93.118.
    The maintenance plans submitted by Wisconsin for the Milwaukee-
Racine and Sheboygan areas contain new VOC and NOX MVEBs for
the areas for the years 2015 and 2022. The availability of the SIP
submission with these 2015 and 2022 MVEBs was announced for public
comment on EPA's Adequacy Web site on December 6, 2011, at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public
comment period on adequacy of the 2015 and 2022 MVEBs for the
Milwaukee-Racine and Sheboygan areas closed on January 5, 2012. No
adverse comments on the submittal were received during the adequacy
comment period. The submitted maintenance plan, which included the
MVEBs, was endorsed by the Governor (or his or her designee) and was
subject to a state public hearing. The MVEBS were developed as part of
an interagency consultation process which includes Federal, state, and
local agencies. The MVEBS were clearly identified and precisely
quantified. These MVEBs, when considered together with all other
emissions sources, are consistent with maintenance of the 1997 8-hour
ozone standard.
    EPA, through this rulemaking, has found adequate and is proposing
to approve the MVEBs for use to determine transportation conformity in
the Milwaukee-Racine and Sheboygan areas, because EPA has determined
that the areas can maintain attainment of the 8-hour ozone NAAQS for
the relevant maintenance period with mobile source emissions at the
levels of the MVEBs. WDNR has determined the 2015 MVEBs for the
Milwaukee-Racine and Sheboygan areas to be 21.08 tpd for VOC and 51.22
tpd for NOX, and 2.024 tpd for VOC and 4.321 tpd for
NOX, respectively. WDNR has determined the 2022 MVEBs for
the Milwaukee-Racine and Sheboygan areas to be 15.98 tpd for VOC and
31.91 tpd for NOX, and 1.615 tpd for VOC and 2.778 tpd for
NOX, respectively. These MVEBs are consistent with the
onroad mobile source VOC and NOX emissions projected by the
Wisconsin Department of Transportation for 2015 and 2022, as summarized
in Table 7 above. Wisconsin has demonstrated that the Milwaukee-Racine
area can maintain the 8-hour ozone NAAQS with mobile source emissions
of 21.08 tpd and 15.98 tpd of VOC and 51.22 tpd and 31.91 tpd of
NOX in 2015 and 2022, respectively, since emissions will
remain under attainment year emission levels. Wisconsin has
demonstrated that the Sheboygan area can maintain the 8-hour ozone
NAAQS with mobile source

emissions of 2.024 tpd and 1.615 tpd of VOC and 4.321 tpd and 2.778 tpd
of NOX in 2015 and 2022, respectively, since emissions will
remain under attainment year emission levels.

C. 2005 Comprehensive Emissions Inventory

    As discussed above, section 182(a)(1) of the CAA requires states
containing areas classified as marginal and above to submit a
comprehensive emissions inventory. As part of Wisconsin's redesignation
request for the Milwaukee-Racine and Sheboygan areas, the state
submitted a 2005 comprehensive emissions inventory. Emissions contained
in the submittal cover the general source categories of point sources,
area sources, nonroad mobile sources and onroad mobile sources.
    WDNR developed the point source inventory using annually reported
point source emissions, EPA's Clean Air Markets Database and EPA
techniques for emissions calculation. Where feasible, Federal, state
and local controls were factored into the emission calculations.
Emissions were estimated by collecting process-level information from
each facility that qualifies for inclusion in the Wisconsin's point
source database.
    The area source inventory was created by backcasting Wisconsin's
2008 emissions inventory that WDNR submitted to EPA for the National
Emissions Inventory. The backcasting factors were primarily based on
growth factors from the EGAS model. If growth factors were not
available for source classification code, population based growth
factors were used.
    The nonroad mobile inventory was created using NMIM (2009/05/04
version). In addition, emissions estimates were developed for
commercial marine vesels, aircraft, and railroads, three nonroad
categories not included in the model. Through LADCO, Pechan, an
independent contractor, provided marine and rail emission estimates.
Aircraft emissions were calculated using the Federal Aviation
Administration's Emissions and Dispersion Modeling System.
    The Onroad mobile source inventory was developed using EPA's
MOVES2010a model. Emissions estimates were made in accordance with the
User Guide for MOVES2010a \4\ and Technical Guidance on the Use of
MOVES2010 for Emission Inventory Preparation in State Implementation
Plans and Transportation Conformity \5\.
---------------------------------------------------------------------------

    \4\ U.S. EPA, Office of Transportation and Air Quality,
Assessment and Standards Division, August 2010, EPA-420-B-10-036.
    \5\ U.S. EPA, Office of Transportation and Air Quality,
Transportation and Regional Programs Division, April 2010, EPA-420-
B-10-023.
---------------------------------------------------------------------------

    The 2005 emissions estimates are summarized in Table 2, above. EPA
is proposing to approve the 2005 emissions inventory as meeting the
section 182(a)(1) comprehensive emissions inventory requirement for the
Milwaukee-Racine and Sheboygan areas.

VI. Summary of Actions

    After evaluating the redesignation requests submitted by Wisconsin,
EPA concludes that the requests meet the redesignation criteria set
forth in section 107(d)(3)(E) of the CAA. Therefore, EPA is proposing
to approve the redesignation of the Milwaukee-Racine and Sheboygan
areas from nonattainment to attainment for the 1997 8-hour ozone NAAQS.
EPA is also proposing to approve Wisconsin's maintenance plan SIP
revisions for the Milwaukee-Racine and Sheboygan areas. EPA's proposed
approval of the maintenance plans is based on the state's demonstration
that the plans meet the requirements of section 175A of the CAA, as
described more fully above. EPA is also proposing to approve WDNR's
2005 comprehensive emissions inventories for the Milwaukee-Racine and
Sheboygan areas as meeting the requirements of section 182(a)(1) of the
CAA. Finally, EPA finds adequate under 40 CFR 93.118(e) and is
proposing to approve Wisconsin's 2015 and 2022 MVEBs for the Milwaukee-
Racine and Sheboygan areas.

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on tribes, impact any existing sources of air pollution on tribal
lands, nor impair the maintenance of ozone national ambient air quality
standards in tribal lands. However, because there are tribal lands
located in Milwaukee County, we provided the affected tribe with the
opportunity to consult with EPA on the redesignation. The affected
tribe raised no concerns with the proposed rule.

List of Subjects

40 CFR part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, Environmental protection, National parks,
Wilderness areas.

    Dated: January 31, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-2989 Filed 2-8-12; 8:45 am]
BILLING CODE 6560-50-P